# Can I give my HGVC to a friend or will it get stuck by ROFR?



## md8287 (Jun 26, 2017)

I own two weeks with HGVC.  
I no longer want my unit and would like to give it to my friend (non-relative).  
If its a gift will it get through ROFR? I would like the paperwork to reflect what we are really doing and prefer not to say I'm selling it for $x just to get through ROFR.
Thanks in advance for sharing your insight.


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## breezez (Jun 27, 2017)

md8287 said:


> I own two weeks with HGVC.
> I no longer want my unit and would like to give it to my friend (non-relative).
> If its a gift will it get through ROFR? I would like the paperwork to reflect what we are really doing and prefer not to say I'm selling it for $x just to get through ROFR.
> Thanks in advance for sharing your insight.




Look at ROFR.net and you will see a list of what is passing and failing.  Some resorts are okay at $1.00 for a given week


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## presley (Jun 27, 2017)

I'd call the transfer department and ask them. My guess is that they will allow a family transfer without ROFR, but may not with a friend.


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## Nomad420 (Jun 27, 2017)

breezez said:


> Look at ROFR.net and you will see a list of what is passing and failing.  Some resorts are okay at $1.00 for a given week



Somewhat off topic but being relatively new to this I am curious as to how all those time share offerings (HGVC) for $1 get through ROFR?  I suspect they are listed throughout ebay by people just wanting to get out of the MFs.  Perhaps the answer is they do not and that is just a way of dumping them.  I saw some that I was interested in even though I am currently not in the market to buy now but a buck it was compelling to say the least.


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## md8287 (Jun 27, 2017)

Update is that for a relative its easy but non relative a full process.  Gift/$1 sale could trigger ROFR so thanks breezez as the ROFR database will be key.


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## md8287 (Jun 27, 2017)

Nomad420 said:


> Somewhat off topic but being relatively new to this I am curious as to how all those time share offerings (HGVC) for $1 get through ROFR?  I suspect they are listed throughout ebay by people just wanting to get out of the MFs.  Perhaps the answer is they do not and that is just a way of dumping them.  I saw some that I was interested in even though I am currently not in the market to buy now but a buck it was compelling to say the least.


The $1 may or may not get through ROFR. Probably not but see ROFR.net.  If it doesn't then as a buyer you just wasted time and tied up money for a while.


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## janckenn (Jun 28, 2017)

I gave one to my niece, but went through HGVC for title transfer.


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## Nomad420 (Jun 28, 2017)

md8287 said:


> The $1 may or may not get through ROFR. Probably not but see ROFR.net.  If it doesn't then as a buyer you just wasted time and tied up money for a while.



 Checked out the ROFR.net, not a lot of HGVC listed but interesting none the less.  Seems like those listing the $1 dollar sales listed all over ebay etc.. probably anticipate a buy back from the developer because from what I saw there were really no $1 sales that went through.  As a buyer you are indeed probably just wasting your time and helping someone dump their TS back to the developer unless I am missing something here.


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## vacationhopeful (Jun 28, 2017)

janckenn said:


> I gave one to my niece, but went through HGVC for title transfer.



Family member for sure; Same last name? It is then a FAMILY TRANSFER or easy to prove blood relation  .... not an unrelated sale.


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## Sicnarf (Jun 28, 2017)

As long as it is a gift, ROFR is not applicable.  I have 2 units given to me by acquaintances.  They just need to attest that it is a gift and not a sale.


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## jestme (Jun 29, 2017)

Being as you can leave it in your will, presumably to anyone you want to, I would think you should be able to gift it to anyone as well.


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## Tamaradarann (Jun 29, 2017)

Sicnarf said:


> As long as it is a gift, ROFR is not applicable.  I have 2 units given to me by acquaintances.  They just need to attest that it is a gift and not a sale.



Ok, a gift.  Well you could only do what I am going to state with a known acquaintance or someone you have a  relationship with.  If you can gift a timeshare what would prevent you from bartering for something else or tipping the person who is gifting you, therefore, it is NOT a sale, but an undisclosed arrangement.  In business, perks are provided to get sales or other perks from the other party all the time.


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## 1Kflyerguy (Jun 30, 2017)

jestme said:


> Being as you can leave it in your will, presumably to anyone you want to, I would think you should be able to gift it to anyone as well.



I am not sure what the rules are about inheritances, but i assume they are somewhat regulated by law.  HGVC and probably most timeshare developers often tout the fact that you can leave the T/S to your children during the presentations, usually in an effort to promote the value of the "investment".     

I think a "gift" is much more problematic.  If that allowed the transaction to bypass ROFR, then everything would become a gift.. I gift my timeshare to you, and you gift me some money...


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## md8287 (Jun 30, 2017)

1Kflyerguy said:


> I am not sure what the rules are about inheritances, but i assume they are somewhat regulated by law.  HGVC and probably most timeshare developers often tout the fact that you can leave the T/S to your children during the presentations, usually in an effort to promote the value of the "investment".
> 
> I think a "gift" is much more problematic.  If that allowed the transaction to bypass ROFR, then everything would become a gift.. I gift my timeshare to you, and you gift me some money...


Unfortunately you are correct (other than documented relatives).  

What I am going to do for now is to give the friend the use and he will give me the maintenance fee (so he is renting it from me every year).  Not what I wanted but will work for now.


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## Tamaradarann (Jul 2, 2017)

md8287 said:


> Unfortunately you are correct (other than documented relatives).
> 
> What I am going to do for now is to give the friend the use and he will give me the maintenance fee (so he is renting it from me every year).  Not what I wanted but will work for now.



Who is a documented relative?  How do you document it?


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## Talent312 (Jul 3, 2017)

Tamaradarann said:


> Who is a documented relative?  How do you document it?



You legally adopt the "friend" and submit the court order. 
Otherwise, I'd think birth certificates or possibly affidavits could be used.

.


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## Helios (Jul 3, 2017)

1Kflyerguy said:


> I think a "gift" is much more problematic.  If that allowed the transaction to bypass ROFR, then everything would become a gift.. I gift my timeshare to you, and you gift me some money...


That's my thinking.


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## Helios (Jul 3, 2017)

jestme said:


> Being as you can leave it in your will, presumably to anyone you want to, I would think you should be able to gift it to anyone as well.


Would full rights and perks transfer in this case?  Even if is left to a friend.


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## alwysonvac (Jul 3, 2017)

md8287 said:


> Unfortunately you are correct (other than documented relatives).
> 
> What I am going to do for now is to give the friend the use and he will give me the maintenance fee (*so he is renting it from me every year*).  Not what I wanted but will work for now.



JMHO...I won't hold onto those South Beach weeks too long especially since you're not using them.

Anything less than 4800 points is currently given away for free on TUG. Folks can find 3400 point weeks on the TUG Bargain Deals Forum.
http://tugbbs.com/forums/index.php?threads/advice-getting-rid-of-hgvc-at-tuscany-village.237364/

Keep in mind, that most timeshares will continue to drop in price as the years go by. MF will continue to rise as resale prices continue to fall. In addition, HGVC has made it harder by adding on unnecessary resale fees which have been increasing almost each year.
HGVC transfer fee + HGVC activation fee has already risen to approx $1,000 in 2017 .
Clarification on HGVC Activation Fees (2014) - http://tugbbs.com/forums/index.php?threads/clarification-on-the-hgvc-activation-fees.206968/


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