hgvc rofr vs gift affidavit

[Panina]

I own a mandatory hgvc week that I no longer need as I got a week at a hgvc affiliate from a generous tugger for the exact week I used it for.

I want to offer it in the bargain section of tug.

I spoke with LT transfers. Being I will be giving this as a gift to a fellow tugger friend, I was told there will be no Right of first refusal. I hope they are right. I will have to fill out a gift affidavit form.

Is what lt Transfers told me right? I only spoke to one person there so I will call back to confirm but thought tuggers would know if signing a gift affidavit gets around rofr as I never heard of this before.

 

[breezez]

Thanks for this info... Let us know how it works out

 

[Cyberc]

I have no first hand knowledge about this, but IF this is true then you could use it to bypass the rofr process.

You and the “buyer” could agree that the price of the gift was $xxxx and then you could proceed with the paperwork. The price of the timeshare would not ever be part of the paperwork so hgvc or anyone else wouldn’t know.

Imho I don’t think it work, but I could be wrong.

I do however think the gift thing will work if buyer and seller is related.

 

[Panina]

I have no first hand knowledge about this, but IF this is true then you could use it to bypass the rofr process.

You and the “buyer” could agree that the price of the gift was $xxxx and then you could proceed with the paperwork. The price of the timeshare would not ever be part of the paperwork so hgvc or anyone else wouldn’t know.

Imho I don’t think it work, but I could be wrong.

I do however think the gift thing will work if buyer and seller is related.

I agree with your analysis, it makes sense. That is why I was asking as I what I was told didn’t sound right.

I will call Lt Transfers again and ask for a copy of the gift affidavit form.

I will also call the resort to talk to a sales associate to see what they say.

I haven’t seen activity on roft.net on the resort so maybe they aren't exercising rofr there. When I got it I just paid closing costs.

 

[sb2313]

From experience with being gifted a parc soliel unit,this is true and will “bylass” rofr.

 

[Panina]

From experience with being gifted a parc soliel unit,this is true and will “bylass” rofr.

Are you related to the gifter? Or just a friend?

 

[dayooper]

From experience with being gifted a parc soliel unit,this is true and will “bylass” rofr.

Were you gifted by a relative or a friend?

 

[dayooper]

Are you related to the gifter? Or just a friend?

Were you gifted by a relative or a friend?

Great minds think alike!

 

[sb2313]

Great minds think alike!

Giveaway from the bargain board here a few years ago. But it was truly a gift, zero dollars changed hands.

 

[Panina]

Giveaway from the bargain board here a few years ago. But it was truly a gift, zero dollars changed hands.

Thanks for sharing, LT transfer was right.

 

[Talent312]

Sure, the donee could agree that the price of the "gift" was 'x' and make a reciprocal "gift" to the donor OOC (outside of closing). Afterall, my brother and I have agreed to exchange $50 gift cards at Christmas.

But in this context, it would would be fraudulent, and sometimes those things will come back to haunt you. OTOH, I don't see anything wrong with the donee paying all x-fer expenses, however much that might be.

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[Sicnarf]

My 2 HGVC units were gifted to me. I just paid for the transfer fees. No ROFR involved.

 

[hurnik]

Yes, this works as they mentioned.
1) The gift-ee does not need to be related at all. You can gift to anyone
2) Hilton still has to approve the "gifting" part, but there's no ROFR. I'm not aware of them denying gifting, so it's probably just a formality

I think for the Seaworld unit my sister got (that was gifted to her by someone), it took maybe 4-5 weeks or so for all the stuff to get done by Hilton and I think it was week 5 or 6 that my sister got a phone call from Hilton to set up her online account and all that jazz.

 

[Cyberc]

Sure, the donee could agree that the price of the "gift" was 'x' and make a reciprocal "gift" to the donor OOC (outside of closing). Afterall, my brother and I have agreed to exchange $50 gift cards at Christmas.

But in this context, it would would be fraudulent, and sometimes those things will come back to haunt you. OTOH, I don't see anything wrong with the donee paying all x-fer expenses, however much that might be.

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I’m trying to understand why this is even possible as people could just gift a property to each other and agree on a sum outside the contract.

You mentioned that it’s fraudulent but how would anyone know unless buyer or seller disclose the information?

 

[Panina]

I’m trying to understand why this is even possible as people could just gift a property to each other and agree on a sum outside the contract.

You mentioned that it’s fraudulent but how would anyone know unless buyer or seller disclose the information?

It is like many other transactions in life, do it legally never have to worry, do it illegally you open yourself up to problems. I am sure the affidavit I will sign from hgvc will give them the right to come after me if they find out I lie.

Almost everything we do is traceable these days. Yes you could hide it but with rofr the seller gets from hgvc what they would get from the buyer so why exchange money outside the contract?

 

[hurnik]

I’m trying to understand why this is even possible as people could just gift a property to each other and agree on a sum outside the contract.

You mentioned that it’s fraudulent but how would anyone know unless buyer or seller disclose the information?

I liken this to when you apply for a mortgage and you're asked if any of the portion of the down payment is a loan/borrow from a relative or other source type of thing.

Or even renting out non-home weeks with Hilton, etc.

*would* they come after you? Probably not
Do you want to take that chance? Up to you.

 

[Sapper]

It is like many other transactions in life, do it legally never have to worry, do it illegally you open yourself up to problems. I am sure the affidavit I will sign from hgvc will give them the right to come after me if they find out I lie.

Almost everything we do is traceable these days. Yes you could hide it but with rofr the seller gets from hgvc what they would get from the buyer so why exchange money outside the contract?

This is exactly what I was thinking. No upside for the seller, only down side.

 

[Mongoose]

It is like many other transactions in life, do it legally never have to worry, do it illegally you open yourself up to problems. I am sure the affidavit I will sign from hgvc will give them the right to come after me if they find out I lie.

Almost everything we do is traceable these days. Yes you could hide it but with rofr the seller gets from hgvc what they would get from the buyer so why exchange money outside the contract?

How did this work out for you? Did you do the gift affidavit?

 

[GrayFal]

It is like many other transactions in life, do it legally never have to worry, do it illegally you open yourself up to problems. I am sure the affidavit I will sign from hgvc will give them the right to come after me if they find out I lie.

Almost everything we do is traceable these days. Yes you could hide it but with rofr the seller gets from hgvc what they would get from the buyer so why exchange money outside the contract?

But what is the lie?
You truly are gifting it. Asking for nothing in return.

 

[Panina]

How did this work out for you? Did you do the gift affidavit?

Yes I truly gifted

 

[Mongoose]

Yes I truly gifted

Great news! So LT Transfers worked with you on a Gift Affidavit and it went through with HGVC without any issues?

 

[Panina]

Great news! So LT Transfers worked with you on a Gift Affidavit and it went through with HGVC without any issues?

Yes

 

[Zenichiro]

This Leeds me to the belief that IF one had Developer purchased deed and they gifted it to a relative or friend that the points would remain developer purchased points?

Does anyone know if this is the case? I would hope that if I willed my developer purchased property that it would remain that as well.

 

[phil1ben]

Sure, the donee could agree that the price of the "gift" was 'x' and make a reciprocal "gift" to the donor OOC (outside of closing). Afterall, my brother and I have agreed to exchange $50 gift cards at Christmas.

But in this context, it would would be fraudulent, and sometimes those things will come back to haunt you. OTOH, I don't see anything wrong with the donee paying all x-fer expenses, however much that might be.

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Agree. The gift affidavit will confirm that no consideration changed hands from Seller to Buyer. So if you actually received payment you will be signing a false affidavit. Not the type of issue I would want to lose sleep over but we are all different. Took a quick look under Florida law and it appears to be a felony of the third degree (see (c)(3) below):

The 2020 Florida Statutes

Title VII EVIDENCE Chapter 92 WITNESSES, RECORDS, AND DOCUMENTS View Entire Chapter 92.525 Verification of documents; perjury by false written declaration, penalty.— (1) If authorized or required by law, by rule of an administrative agency, or by rule or order of court that a document be verified by a person, the verification may be accomplished in the following manner: (a) Under oath or affirmation taken or administered before an officer authorized under s. 92.50 to administer oaths; (b) Under oath or affirmation taken or administered by an officer authorized under s. 117.10 to administer oaths; or (c) By the signing of the written declaration prescribed in subsection (2). (2) A written declaration means the following statement: “Under penalties of perjury, I declare that I have read the foregoing [document] and that the facts stated in it are true,” followed by the signature of the person making the declaration, except when a verification on information or belief is permitted by law, in which case the words “to the best of my knowledge and belief” may be added. The written declaration shall be printed or typed at the end of or immediately below the document being verified and above the signature of the person making the declaration. (3) A person who knowingly makes a false declaration under subsection (2) is guilty of the crime of perjury by false written declaration, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) As used in this section: (a) The term “administrative agency” means any department or agency of the state or any county, municipality, special district, or other political subdivision. (b) The term “document” means any writing including, without limitation, any form, application, claim, notice, tax return, inventory, affidavit, pleading, or paper. (c) The requirement that a document be verified means that the document must be signed or executed by a person and that the person must state under oath or affirm that the facts or matters stated or recited in the document are true, or words of that import or effect. History.—s. 12, ch. 86-201; s. 1, ch. 2015-23.

 

[GrayFal]

Yes, this works as they mentioned.
1) The gift-ee does not need to be related at all. You can gift to anyone
2) Hilton still has to approve the "gifting" part, but there's no ROFR. I'm not aware of them denying gifting, so it's probably just a formality

I think for the Seaworld unit my sister got (that was gifted to her by someone), it took maybe 4-5 weeks or so for all the stuff to get done by Hilton and I think it was week 5 or 6 that my sister got a phone call from Hilton to set up her online account and all that jazz.

Is this unique to HGVC or should this work with other timeshares?

Bluebreen has become very aggressive and has been exercising ROFR on almost all $0 transfers whether the buyer or seller pays the $550 transfer fee.

Would filling out an affidavit bypass ROFR with BG or Marriott or Vistana or Hyatt or is this unique to HIlton