Estoppel Certificate

[sbms770565]

What takes priority if the Unit Number does not match the View Type on the Estoppel Certificate provided by the Seller/Timeshare provider.

Tks

 

[vacationtime1]

I would start by making sure that it was actually the HOA/Manager that issued the estoppel certificate. I had a situation where the seller provided the estoppel rather than the Manager (Starwood in that case); I knew it was fraudulent because I knew what Starwood's estoppel looks like. A "Seller/Timeshare provider" provided estoppel does not bind the HOA/Manager and is worthless.

If you received an estoppel issued by the Manager with an internal contradiction, I would ask them to fix it and to explain why it was wrong in the first place. If they cannot do both, I would pass on the deal; view category is too important to leave to chance.

 

[sbms770565]

Tks,

The explanation the selling agent provided was that the owner paid for an OceanFront unit but Marriott assigned him a Unit Number that was OceanView but that he is treated like an OceanFront holder.

 

[theo]

My $0.02 worth...

The explanation the selling agent provided was that the owner paid for an OceanFront unit but Marriott assigned him a Unit Number that was OceanView but that he is treated like an OceanFront holder.

Personally, I wouldn't just blindly accept a selling agent assertion of "how the seller is (allegedly) treated" in terms of unit assigment, as it seems to me that the unit number / view on record within Marriott would ultimately prevail and is is likely all that will really matter or apply (to you) in the future. The selling agent could perhaps just be contriving a factually inaccurate "story" in order to not lose the sale entirely.

It sounds like the seller agent is asserting that the owner somehow got erroneously "assigned" something other than what they thought they had purchased, but (...if that's even true in the first place) the owner perhaps never subsequently got the (alleged) error corrected on the internal Marriott records.

I'd proceed slowly and carefully here --- and I would do whatever it takes get a first-hand Marriott version / position on this discepancy on unit identification before proceeding any further toward a closing...

 

[tschwa2]

Is this from Ocean Watch? Do a search for "ultimate occupancy" under Marriott forums. Units that were sold pre construction had unit numbers attached but also included an addendum to the deeds stating which view the buyer would be entitled. I'm not sure if other Marriott units were sold this way.