add in some wacky term in the contract so that Marriott will never take that risk to exercise ROFR. Since it's your friend, I would add something like either side can cancel the transaction at any time, lol.
Like the idea of a poison pill clause in the contract. Any idea what kind of clauses will keep Marriott away from exercising ROFR?
Interestingly enough, over the past 20 years we've been involved with timeshare we've seen these hypothesized "poison pills". Yet, to date I have not seen a single person report actually using one of them in a contract.
Just be creative, lol. I understand the broker involved may not like these either but you could make it that they will always get the fee and paid by the buyer, or make the buyer pay upfront the full cost to seller plus any MF when they are due before close, etc (if you trust your friend enough, that may not need to happen or can be reversed if anything happens but who knows).
Is it a real example (obviously not from you)? Lol. It’s on the borderline legitimate and way too creative than just raise the price by 5k. It actually doesn’t bother Marriott - they’ll just see it as 14k and make decisions on that and it can still make sense for them at 14k. Asking buyer to doll out big upfront and no penalty on seller’s dragging legs are likely enough for anyone to say no except a close friend but I’m just saying knowing nothing about whether it works.
Worked meaning Marriott gave up on ROFR?
Including Marriott? Lol. No worries. Great real life examples to know.
Is it not also possible they simply would have passed on the deal without shenanigans? It is actually rather rare that they exercise ROFR.