I have a couple of contributions to make to the ROFR discussion.
The reason Marriott is not exercising its ROFR has nothing to do with current resale prices. Indeed, prices are lower than in the past. Marriott would get better opportunities now. They do not sell for less now, so their margins would be higher.
Nor does it have anything to do with how much inventory they do or do not need. Marriott exercised its ROFR opportunistically. They never bought for inventory. They bought when they had a buyer in hand for something they otherwise could not sell them at that moment, for various reasons. Marriott was the owner of record for 15 minutes.
That is why they would exercise at a price one day, and not the next.
They are not now exercising because they cannot sell their timeshare notes in the credit markets. They cannot monitize the loans.They must carry financed sales. The capital required to do so is huge. So, capital is being preserved. This is also the reason sales are down. Marriott is cutting expenses, not building new projects, and consolidating sales resources because they will sell themselves broke otherwise.
Starwood and every other large developer is dealing with exactly the same issue.
The debate over how ROFR impacts resale prices goes round and round.
Those that intuitively believe it props up prices will never understand the market dynamics that argue otherwise.
Problem is it is impossible to prove in the real world. If it were, it would have already happened.
It's a theoretical question, and therefore requires a theoretical answer, based on what is know of economic theory.
Fortunately, serious and credible theoretical study of the question has been made by faculty of several respected universities. All come to the same conclusion.
The best discussion/explanation I have found is here:
http://www.law.harvard.edu/programs/olin_center/papers/261_walker.php
It is 71 pages. For those that do not want to read it, it says that ROFR has a negative influence on price.
Great. So this is a paper from the HARVARD Law School subsequently published in the STANFORD Journal of Law, Business and Finance. :hysterical: No wonder we are all so confused with ROFR!
Katherine