It would be a transfer between immediate family members. No money involved. How do we get around ROFR?
There's no legal way to get around ROFR but in some cases DVC will waive it. For gratuitous for immediate family members they will waive the ROFR. I'll give you the historical information, correct as for DVC's website as of today then I'll give you one slight variation.
Historically for any transfer (gift or sale) you:
- Fill out transfer form #1 and send it to DVC.
- Then when you get the Waiver of ROFR form, you record that and a new deed.
- There's also a tax form you have to do for Orange County also.
- Then you Send transfer form #2 long with a copy of the recorded deed to DVC.
Total cost about $40 for recording fee. The form and basic instructions are on DVC's website. This is the process to add or delete a name, change to a trust or transfer ownership completely. IF it's to an immediate family member and they waive the ROFR, that person will qualify for all of the perks that the former owner did. There is no formal definition of immediately family member and it'd be up to DVC to decide. To my knowledge, they've never furnished a list or definition. You can call and ask and likely should, they can send you the newer form as well.
The additional new information is that there has been one or 2 reports that they've changed their process slightly and no longer require ROFR for just name changes but in this case since it's a transfer, that likely doesn't apply. Just email DVC using the form on the website and ask them. The transfer form and instruction document is on the website as well. It refers you to First American Title, I would use someone else.
This assumes it's gratuitous as specified and it's truly an immediate family member. Normally immediate family member and first degree relative are the same but again, it'd be up to DVC as the right to give it is not contractual even if gratuitous. Of course selling, even to an immediately family member, falls into a different category. I know people play games in this situation but it's illegal in all the states I know of to put one set of terms on the documents with a side deal to bypass ROFR and it definitely is in FL. It's not illegal but may be unethical to do it in 2 parts by adding a name now and removing one later.
If you're thinking of doing it yourself and savings $170 or so, post back.