Frequently Asked Questions
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An escrow agent is an independent third party that represents both the buyer and seller in facilitating the closing. They hold all funds in escrow until the terms and conditions of the contract are met by all parties.
You should have an escrow agent to insure your closing is in compliance with local, state and federal laws. In addition to their professional experience, your funds are held in a secure account until closing.
Your funds are safely being held in a separate, FDIC insured bank account pending the transfer documents, terms and conditions of your contract.
We will accept Visa and MasterCard credit cards for the initial escrow deposit not to exceed $2,000.
No, we do not offer financing. However, we do have some resources we can recommend to you.
All properties in the state of Florida include a title insurance policy.
Typically the transfer and closing takes approximately 45 days
Right of First Refusal (ROFR) is the process where the resort has the option to buy the property back at contract terms. Disney has 30 days to exercise their option on the ROFR.
Your proceeds will be disbursed within 7-10 business days after your file has closed.
We request the deed from your purchase as this may be helpful should there be any filing or microfilming errors on the county website.
The two most common types of deeds are the Warranty Deed and Quit Claim Deed. The Warranty Deed is the most common type of deed used in timeshare sales. This deed conveys ownership from the grantor (seller) to the grantee (buyer). In addition to transferring the described property legally, the warranty deed also contains certain guarantees regarding the property made by the seller to the buyer. The Quit Claim Deed simply transfers whatever interest the person signing the deed has to the new owner (Grantee). It does not warrant or guarantee the property against any judgments, liens, or encumbrances. A Quit Claim Deed is most often used in non-sale transactions between friends or family.
You may take title as an individual or with others. Having two or more persons as the owners, called Grantees, requires a decision to be made as to how the owners should own the property between them. Tenancy by the Entirety: Created between husband and wife (only) which together they hold title to the whole with right of survivorship so that, upon death of either party, the survivor becomes the sole owner. (No probate is required) Joint Tenancy with Rights of Survivorship: Joint and equal interest in land owned by two or more individuals (do not have to be married), upon death the living owners assume full ownership. (No probate required)Tenants in Common: Interest in the property descends to the individual heirs – Does Not pass to the co-owner(s). (Probate of estate is required).
Yes ,you may take title to your property as a trustee of your trust. We will need the exact name of the trust in order to deed the property correctly.
Your children may take title if they are of legal age.
On all purchases we will search the title and verify directly with the resort any outstanding balances.
An Estoppel is the formal verification from the resort to verify any balances owed on the property.
Your closing documents will sent to you via email unless you request otherwise.
In the state of Florida the Seller (Grantor) is the only person to sign the warranty deed.
As the seller, if you cannot sign the documents along with the other sellers, we will be happy to separate the documents and notary clauses for you.
The deed is dated on the same date that it is signed by the grantor and notarized.
Buyer’s documents do not require notarization. Seller’s documents do require a public notary.
Buyers may scan and email or fax back their documents. We only require originals from our sellers.
You may not use a personal check for closing. We require you use a bank check, cashier’s check, money order or wired funds for closing as they are guaranteed funds and do not delay closing.
We ask for your social security number for several reasons. As a buyer we request that on behalf of Disney on their transfer document. As a seller we must obtain this in accordance with Federal Laws. All sellers will be issued an IRS Form 1099 for the sale of real estate property owned.
We recommend you send your closing documents back using a traceable method of your choice.
You will need to provide a certified copy of your spouse’s death certificate. We will prepare a death affidavit and continuous marriage affidavit (through death) to record along with your warranty deed.
All parties listed on the deed must sign the warranty deed to convey ownership to the buyers when selling. Divorce decrees are not adequate to change ownership. All living parties must sign.
If you have changed your name, you will need to furnish legal documents substantiating the change.
As a foreign seller there are several things to consider. Your property is subject to a 15% FIRPTA (Foreign Investment in Real Property Tax Act) unless you currently have a US Tax Payer Identification Number, also referred to as a Tax Identification Number (TIN). The 15% is based upon the gross selling price. Additional information can be found at www.irs.gov
The other consideration as a foreign seller is the notarization of your documents. We must comply with the laws of the state in which your property is located. If you do not have access to a Public Notary, you may have to visit a US Embassy or use the Apostille process as defined by the Hague Convention.
Yes, we insure all mortgages are paid in full at closing. We also insure all maintenance fees are current.
After closing we will provide the resort with the transfer documents. Please allow Disney 6 to 8 weeks to make the transfer. Other resorts requirements vary and may take up to 30 days for the transfer once the deed is recorded.
For Disney properties only, they will stop your debit on the day of closing. Please do not stop the debit directly with your bank as there may be fees incurred.
For Disney properties only, they require your first year’s maintenance fees to be paid in full at closing. After your first year you will be given the option to pay in full or monthly via a bank debit.