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eBay resale points question

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Blue Green Boyne
Hello! A little over a year ago, we purchased the smallest Bluegreen (BG) points package with charter benefits and now decided to look to add points on the second-hand market. Yesterday we won an auction on eBay for less than 11 dollars for around 7,000 additional BG points and were surprised when the selling agent sent the following in an email: "You will see two purchase agreements. One for the original price of $10.50 in which you are being billed. The other is for $2,145.00 which is a "fake" inflated price in which we will use to send to Bluegreen to get around Right of First Refusal. I am 98% confident that Bluegreen will exercise their right at the original purchase price of $10.50. If you have any questions regarding this, please feel free to contact me!"

Given we've never purchased points online through eBay, is this a common practice? It seems as if the agent is at least asking us to be an accomplice in them committing fraud. I inquired about this maneuver's legality, and the agent assured me that there is nothing illegal about it. He stated, "they are submitting an agreement that states what I paid for it. You could have traded me something (i.e., vehicle) plus $10.50 for the price stated on the agreement. Or you could have paid me hard cash. They don't know. All they know is what is on the agreement."

My gut says to sign the original purchase agreement for less than 20 and see if BG uses their ROFR, but I'd appreciate any insight from the forum.
 

geist1223

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Do not sign the Fraudulent Document. Do not deal with folks that are willing to commit such fraud. Also this would be a Federal matter as it involved interstate commerce.
 

BingoBangoBongo

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Are there any details on the "fake" contract that show where the $2145 comes from? ie: Closing costs, transfer fees etc.

I'm not familiar with BG, but could this be a case of an exit company charging the seller some premium to get out of it? If this were the owner trying to ditch it, why would they care wether the $10.50 came from the you or BG?
 
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Blue Green Boyne
Are there any details on the "fake" contract that show where the $2145 comes from? ie: Closing costs, transfer fees etc.

I'm not familiar with BG, but could this be a case of an exit company charging the seller some premium to get out of it? If this were the owner trying to ditch it, why would they care wether the $10.50 came from the you or BG?

No, the Exact same contract; one has the purchase price of $10.50, and the other reads $2,145.
 

dioxide45

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So what is to stop them from holding you to the $2,145 contract?
 

bnoble

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I would not sign a fraudulent sales agreement. I'd be willing to risk ROFR. I don't think I've read about BG taking anything via ROFR in a long time, but even if they took this one it is not like there is a shortage of people trying to sell.

Edited to add: a quick search turns up a few mentions of it being exercised---wouldn't matter to me because as mentioned there are plenty of sellers, and likely to be more coming in the next few months both due to the usual seasonality plus some covid-inspired sales.
 
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So what is to stop them from holding you to the $2,145 contract?

He claims he would write an email saying I owe nothing but I don't see how that helps if I sign off on a document saying I paid $2,145. My next question is now that I probably irritated the selling agent, how do I know they even submit the purchase agreement to BG?
 

bnoble

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Keep it simple. Just respond that you don't feel comfortable signing a document that isn't accurate, that you are happy with the risks of ROFR, and hope that the seller is willing to go ahead with the purchase as agreed.
 

dioxide45

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Keep it simple. Just respond that you don't feel comfortable signing a document that isn't accurate, that you are happy with the risks of ROFR, and hope that the seller is willing to go ahead with the purchase as agreed.
The problem is that the eBay seller is living in a gray area and they want to continue to go unnoticed under the table. They don't want to raise red flags about their business model. Submitting the low ROFR and having it exercised will increase scrutiny on the transaction. In many cases, the developers send proceed checks to the owner on record. The seller doesn't want the owner to know that they could have sold their week for $10 when they paid thousands to get rid of it.
 
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Blue Green Boyne
The problem is that the eBay seller is living in a gray area and they want to continue to go unnoticed under the table. They don't want to raise red flags about their business model. Submitting the low ROFR and having it exercised will increase scrutiny on the transaction. In many cases, the developers send proceed checks to the owner on record. The seller doesn't want the owner to know that they could have sold their week for $10 when they paid thousands to get rid of it.

So what do you think happens next? We submitted the signed purchase agreement for 10.50 to the eBay seller; do you think the eBay seller just cancels the auction? Do I report the behavior to eBay? To Bluegreen?
 

BingoBangoBongo

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So what do you think happens next? We submitted the signed purchase agreement for 10.50 to the eBay seller; do you think the eBay seller just cancels the auction? Do I report the behavior to eBay? To Bluegreen?

Two possibilities: the seller either doesn't process the good contract and simply walks from you or forges the fake one and submits it to BG. Vegas has the odds of BG ever seeing the $10.50 contract at 1,000,000:1
 
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Two possibilities: the seller either doesn't process the good contract and simply walks from you or forges the fake one and submits it to BG. Vegas has the odds of BG ever seeing the $10.50 contract at 1,000,000:1

If accurate, are all second-hand point eBay auctions scams? How does one purchase resale points?
 

BingoBangoBongo

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If accurate, are all second-hand point eBay auctions scams? How does one purchase resale points?

I‘m not sure I would label this sale a scam, more of a questionable execution. You don’t lose anything (other than the points acquisition) if BG exercises ROFR, but it’s apparent that the seller does.
 
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I‘m not sure I would label this sale a scam, more of a questionable execution. You don’t lose anything (other than the points acquisition) if BG exercises ROFR, but it’s apparent that the seller does.

I agree I don't lose anything but I don't feel it's legal to sign a purchase agreement stating I paid $2145 when in fact I paid $10.50. To me, that is where the scam occurs and I'm potentially an accomplice given I know I didn't pay 2 grand for it yet signed off saying I did. But, I'm not a lawyer...maybe one on here can shed some light on it.

Assuming the selling agenda goes through and submits, do I get a copy of the submission or do I wait until he reports back and says BG exercises their ROFR?
 

dioxide45

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I agree I don't lose anything but I don't feel it's legal to sign a purchase agreement stating I paid $2145 when in fact I paid $10.50. To me, that is where the scam occurs and I'm potentially an accomplice given I know I didn't pay 2 grand for it yet signed off saying I did. But, I'm not a lawyer...maybe one on here can shed some light on it.

Assuming the selling agenda goes through and submits, do I get a copy of the submission or do I wait until he reports back and says BG exercises their ROFR?
What is likely to happen is the seller will say BG exercised then promptly turn around and relist the points because they didn't even submit.
 

BingoBangoBongo

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I wouldn‘t sign the fake contract.
 

easyrider

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Shady deals with an unknown sketcher is a fools bargain.

Bill
 
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