• The TUGBBS forums are completely free and open to the public and exist as the absolute best place for owners to get help and advice about their timeshares for more than 30 years!

    Join Tens of Thousands of other Owners just like you here to get any and all Timeshare questions answered 24 hours a day!
  • TUG started 30 years ago in October 1993 as a group of regular Timeshare owners just like you!

    Read about our 30th anniversary: Happy 30th Birthday TUG!
  • TUG has a YouTube Channel to produce weekly short informative videos on popular Timeshare topics!

    Free memberships for every 50 subscribers!

    Visit TUG on Youtube!
  • TUG has now saved timeshare owners more than $21,000,000 dollars just by finding us in time to rescind a new Timeshare purchase! A truly incredible milestone!

    Read more here: TUG saves owners more than $21 Million dollars
  • Sign up to get the TUG Newsletter for free!

    60,000+ subscribing owners! A weekly recap of the best Timeshare resort reviews and the most popular topics discussed by owners!
  • Our official "end my sales presentation early" T-shirts are available again! Also come with the option for a free membership extension with purchase to offset the cost!

    All T-shirt options here!
  • A few of the most common links here on the forums for newbies and guests!

Hilton Transfer Process

NJDave

TUG Member
Joined
Jun 6, 2005
Messages
1,215
Reaction score
65
Points
408
Location
NJ
Anyone familar with the electronic process used by Timeshare Closing Services? Within 2 weeks of the contract, I received a letter that the closing had taken place for our Hilton unit, the deed recorded electronically (a copy of the deed was attached) but that the last step is for Hilton to acknowlege the transfer. I did not receive any confirmation that the transaction passed Hilton's ROFR. I checked on line in the Orange County records and saw the deed recorded in our names. It would seem strange to me that Hilton could still buy the unit. What confirmation should I receive regarding Hilton's ROFR? I emailed the escrow agent earlier in the week but did not receive a response.
 
Last edited:

Talent312

TUG Review Crew: Veteran
TUG Member
Joined
Jul 4, 2007
Messages
17,461
Reaction score
7,277
Points
948
Resorts Owned
HGVC & GTS
... I did not receive any confirmation that the transaction passed Hilton's ROFR. I checked online in the Orange County records and saw the deed recorded in our names. It would seem strange to me that Hilton could still buy the unit. What confirmation should I receive regarding Hilton's ROFR?...

Under its ROFR, Hilton has a period of time (usually 30 days) after written notice of a sale in which to exercise the option or to waive it. They have a form that they want you to use for this in which a waiver is requested. The notice/request should be given prior to closing, as absent a waiver, the ROFR is a cloud on the title and at worst, could result in lawsuits all around.

We purposely set our closing more than 30 days out so that we would have Hilton's written notice of election or waiver in hand B4-hand. They gave us a waiver (recordable at our option) about 21 days after we mailed the request.

I suggest that you ask them, "Where is the 'Waiver?'" They may say, "What are you talking about?" But until you see one, your title is unsettled.
 
Last edited:

NJDave

TUG Member
Joined
Jun 6, 2005
Messages
1,215
Reaction score
65
Points
408
Location
NJ
Thanks for the advice. I will request a copy of Hilton's waiver.
 

Talent312

TUG Review Crew: Veteran
TUG Member
Joined
Jul 4, 2007
Messages
17,461
Reaction score
7,277
Points
948
Resorts Owned
HGVC & GTS
Can you imagine the mess it will be if Hilton decides to exercise its option at this point, post closing?

Hilton would likely pay you what you paid and ask you to sign a deed directly to Hilton, or could do this indirectly thru the seller, but whatever Hilton does, the seller is not off the hook. If he gave you a warranty deed, he warranted that the title was free of this encumbrance upon the title, so you could sue him for breach of warranty and seek damages for any economic losses. The seller, in turn, could cross-claim against TCS for causing this mess.

The sums involved could be small enuff to make lawsuits impractical; however, its illustrative of what can happen when dealing with a R/E closing service not well versed in dealing with certain properties. TCS's liability for losses suffered as a result of its ineptitude could, howver, be leverage for recovering out-of-pocket expenses.
 
Last edited:

NJDave

TUG Member
Joined
Jun 6, 2005
Messages
1,215
Reaction score
65
Points
408
Location
NJ
I'll keep you posted on what happens. This could effect other Tuggers that use Timeshare Closing Services. How would one go about assuring that this does not happen? When I bought my Marriotts, I did not receive proof of ROFR but then I thought that Marriott did not have that right for my resort anyway (which I still think is true based on my reading of the prospectus). It was only the speed of which this closing occured that made me raise the question. I was looking to find out if Hilton had waived the right and then found out that the deal had closed and the deed recorded.
 

NJDave

TUG Member
Joined
Jun 6, 2005
Messages
1,215
Reaction score
65
Points
408
Location
NJ
Which Marriott do you own. I will let you know if they have Right of First Refusal.


Thanks. It is Cypress Harbour. The closing company told me that they submitted it to Marriott but I never received any proof.
 

NJDave

TUG Member
Joined
Jun 6, 2005
Messages
1,215
Reaction score
65
Points
408
Location
NJ
I'll keep you posted on what happens.

I received the waiver today. It was dated over a week prior to the closing.

I was somewhat surprised that it cleared since the price was below $1 per point.
 

Talent312

TUG Review Crew: Veteran
TUG Member
Joined
Jul 4, 2007
Messages
17,461
Reaction score
7,277
Points
948
Resorts Owned
HGVC & GTS
I received the waiver today. It was dated over a week prior to the closing. I was somewhat surprised that it cleared since the price was below $1 per point.

Congrats on getting that doc.
But let me guess... Yours was not a Platinum unit.
Hilton tends to let Gold, Silver, etc., go thru.
 
Last edited:

topdog

TUG Member
Joined
Jul 18, 2005
Messages
258
Reaction score
35
Points
388
Location
Florida
Is there a fee for Hilton transfer?

I'm viewing an HVAC for sale ad on ebay which refers to a $250 resort transfer fee. Is that Hilton's charge for the transfer?

Jim
 

Talent312

TUG Review Crew: Veteran
TUG Member
Joined
Jul 4, 2007
Messages
17,461
Reaction score
7,277
Points
948
Resorts Owned
HGVC & GTS
I'm viewing an HVAC for sale ad on ebay which refers to a $250 resort transfer fee. Is that Hilton's charge for the transfer? (empahsis added)

I'd be very surprised if Hilton would transfer a "heating, ventilating and air conditioning" (HVAC) system. :confused:

However, they do charge a fee of $299 to transfer a HGVC membership (which requires a conveyance of the underlying TS unit) -- Page 147, Member's Guide (2009)
 
Top