Understanding Disney's Right of First Refusal (ROFR)
What Is ROFR, and Why Should You Care?
If you're buying DVC resale, ROFR is the one part of the process that makes people nervous. I get it. You find the perfect contract, you negotiate a price, you sign the paperwork, and then you have to sit and wait for Disney to decide whether they want to take it from you. If you're still shopping, you can search current DVC resale contracts to see what's available right now. It feels weird. But once you understand how it works and what your actual odds are, the anxiety goes way down.
ROFR stands for Right of First Refusal. In plain English, it means Disney gets to look at every resale contract before it closes and decide if they want to buy it instead. If they do, they pay the exact price you agreed to, and the contract goes to Disney instead of to you. You get your earnest money back, the seller still gets paid, and you go find another contract. Nobody loses money. You just lose time.
Disney has had this right since the very beginning. It's written into the original purchase documents for every DVC resort. They can't change the price or the terms. They either match what you offered or they let it go. There's no negotiation, no counteroffer, no funny business. It's a take-it-or-leave-it situation for Disney.
Why Disney Exercises ROFR
Disney isn't doing this to be difficult. They're doing it because it's profitable. Think about it from their perspective. If they can buy a 200-point Bay Lake Tower contract on the resale market for $150 per point ($30,000), they turn around and sell those same points direct for $250 per point ($50,000). That's $20,000 in profit on a single contract. Of course they're going to snap up cheap contracts whenever they can.
This is actually Disney's primary method for replenishing their sold-out inventory. They've already sold out of direct points at many resorts. Bay Lake Tower, Beach Club, BoardWalk, Wilderness Lodge, the whole monorail loop. The only way Disney gets more points to sell at these resorts is by buying back resale contracts through ROFR. So they're actively looking for deals.
Here's what drives their decision. Price per point is the biggest factor by far. The further below market you're trying to buy, the more likely Disney is to step in. Contract size matters too. Disney prefers bigger contracts (200+ points) because one transaction gives them more inventory to resell. Loaded contracts with current and banked points are more attractive than stripped ones. And resort popularity plays a role. Disney exercises ROFR much more aggressively at premium resorts where they can resell points for $230-250 each.
The ROFR Timeline
Once your purchase agreement is signed, the title company submits it to Disney's Member Administration. From that point, Disney has 30 days to make a decision. Sometimes they take the full 30 days. Sometimes they respond in two weeks. I've seen a few come back in under 10 days, though that's rare.
ROFR Process Step-by-Step
| Day | Action | Status |
|---|---|---|
| Day 1 | Offer accepted, contract submitted to Disney | Waiting |
| Days 2-30 | Disney reviews the contract details | Under Review |
| Day 30-45 | Disney makes final decision | Decision Pending |
| After Decision | Proceed to closing OR Disney exercises ROFR | Waived or Taken |
Occasionally the process stretches to 40 or even 45 days, especially during busy periods or around the holidays when Disney's admin team has a backlog. There's nothing you can do to speed it up. No amount of calling Disney or emailing the title company will change the timeline. You just wait. I tell buyers to treat it like a vacation of its own: book it and forget about it until they get the call.
During ROFR, you don't need to do anything. Your earnest money ($500-1,000) is sitting in escrow. The title company is doing their background work (title search, document prep). You're just waiting for that email or phone call saying "Disney waived" or "Disney exercised."
ROFR Rates by Resort
Not all resorts are equal when it comes to ROFR risk. Disney focuses on the resorts where they can make the biggest profit on resale. That means the premium, high-demand properties get hit hardest. Cheaper resorts with more inventory barely register on Disney's radar.
| Resort | ROFR Rate | Safe Price Range |
|---|---|---|
| Bay Lake Tower | High (25-35%) | $150+/point |
| Beach Club | High (20-30%) | $145+/point |
| Grand Floridian | High (20-30%) | $155+/point |
| Polynesian | Medium (15-25%) | $140+/point |
| BoardWalk | Medium (10-20%) | $125+/point |
| Saratoga Springs | Low (5-10%) | $105+/point |
| Old Key West | Low (5-10%) | $95+/point |
Those "safe price range" numbers are approximations based on what I've seen passing through ROFR over the past year. You can check current market prices by resort to see where things stand today. They shift over time as the market moves. A year ago, $135 per point was safe at Bay Lake Tower. Now I wouldn't feel confident under $150. Prices go up, and Disney adjusts what they're willing to let through.
At Saratoga Springs and Old Key West, ROFR is barely a concern. Disney has so many points at these larger resorts that they don't need to buy back resale contracts very often. I've seen contracts at SSR pass ROFR at $100 per point without any issue. Try that at Beach Club and Disney would take it in a heartbeat.
What Happens If Disney Takes Your Contract
Let's say the worst happens. You found a great contract, signed the paperwork, waited three weeks, and then you get the call. Disney exercised ROFR. It stings. I won't pretend it doesn't. But it's not the end of the world, and here's what actually happens.
Disney buys the contract from the seller at exactly the price you agreed to. The seller gets their money. You get your full earnest money deposit back, usually within two to three weeks. You don't owe anything. You don't lose anything except time and the emotional investment you put into that particular contract.
And then you start looking again. Most buyers who get ROFR'd find another contract within a few weeks. Sometimes the next one is actually better. I had a buyer get ROFR'd on a 150-point Beach Club contract at $138 per point. She was upset for about two days. Then we found a 160-point Beach Club contract at $142 per point with banked points included. She ended up with more points, more available points to use immediately, and the contract passed ROFR with no issues. Sometimes losing the first one is a blessing in disguise.
Strategies to Pass ROFR
You can't guarantee you'll pass ROFR, but you can tilt the odds heavily in your favor. Here's what I tell every buyer.
How to Improve Your ROFR Odds
- Research recent passing prices at your target resort before making an offer
- Price your offer at or slightly above the recent passing threshold
- Consider less popular resorts where Disney is less aggressive
- Stripped contracts (no current/banked points) are less attractive to Disney
- Smaller contracts (under 150 points) tend to pass more easily
- Avoid submitting during October when Disney's fiscal year starts and they're rebuilding inventory
The single most important thing is pricing. If you're wondering whether now is the right time, our article on the best time to buy a DVC contract covers seasonal trends. I can't say this clearly enough. If you're offering $20 below market at a premium resort, you are practically handing Disney free money. They will take that contract. Every time. Price within $5-10 of recent comparable sales and your chances of passing go up dramatically.
Stripped contracts have a small advantage because Disney prefers buying loaded contracts. A loaded 200-point contract at $140 per point comes with maybe $3,000-4,000 in usable points that Disney can immediately resell. A stripped contract at the same price gives Disney points they can't sell for another year. So all else being equal, stripped contracts slip through ROFR a little more easily.
Contract size also plays a role. Disney would rather buy one 300-point contract than three 100-point contracts. Less paperwork, less processing. Small contracts under 100 points rarely get taken because the profit isn't worth Disney's administrative effort. I've seen 50 and 75-point contracts pass ROFR at prices that would've been instant-takes on a 250-point contract.
The Waiting Game
I'll be honest about this part because nobody else talks about it. Waiting for ROFR is psychologically harder than it should be. You've found a contract, you're excited, you're already planning your trip in your head, and then you have to sit there for 30 days wondering if Disney is going to pull the rug out.
My advice? Don't obsessively check ROFR tracking websites. Don't call the title company every three days asking for updates. Don't post on DIS Boards forums asking strangers to predict your outcome. None of that changes anything, and it just makes the wait feel longer.
Set your phone reminder for 30 days from submission and go live your life. When the email comes, it comes. In my experience, about 85% of properly-priced contracts pass ROFR. Those are good odds. But even if you're in the 15% that gets taken, you'll be okay. You'll get your money back and you'll find another contract. This isn't a once-in-a-lifetime opportunity. Contracts come on the market every single day.
After ROFR Passes
You get the call. "Disney waived ROFR." That's when the fun starts. Once Disney passes on your contract, the sale moves to closing and the membership transfer process. This part goes relatively fast, usually two to three weeks.
The title company will send you final closing documents. You'll wire your remaining payment (purchase price minus your earnest money deposit). The deed gets recorded with Orange County, Florida (for WDW properties) or the appropriate county in South Carolina for Hilton Head, or Hawaii for Aulani. Be sure to review our guide to DVC closing costs so you know exactly what to expect at this stage. Then the title company sends everything to Disney for membership activation.
Disney takes another one to two weeks to process the transfer. They'll assign you a membership number, set up your online account, and link your points. Once that happens, you can log into the DVC member website and start booking. Your first vacation as a DVC owner is officially on the calendar.
Total time from ROFR waiver to your first booking? About three to four weeks. Total time from your original offer to booking your first trip? 60-90 days. It takes patience, but the payoff is years and years of Disney vacations at a price that makes rack rates look ridiculous.
Real ROFR Examples
Let me share a few real scenarios from the last year to give you a feel for how this plays out.
A 200-point Bay Lake Tower contract at $142 per point. Disney took it. The price was about $8 below where most contracts were passing at the time. The buyer came back, offered $155 per point on a 175-point contract, and it sailed through.
A 150-point Saratoga Springs contract at $108 per point. Passed ROFR in 18 days. No drama at all. Disney doesn't usually bother with SSR contracts at market price.
A 100-point Beach Club contract at $148 per point, loaded with all 2025 points. Disney took it. Beach Club is one of the hardest resorts to pass ROFR at because Disney can resell those points for $250 each. The buyer came back at $155 per point on a stripped 100-point contract, and it passed.
A 300-point Old Key West contract at $95 per point. Passed in 12 days. Large contract, low-demand resort, low price point. Disney barely glanced at it.
See the pattern? Premium resorts, loaded contracts, and below-market pricing get taken. Value resorts, stripped contracts, and fair pricing pass through. It's really that predictable once you understand the dynamics.
ROFR is just part of the DVC resale process. For a broader overview of every step from offer to booking, visit our page on how the DVC resale process works. It adds some uncertainty and some waiting, but it's manageable. Price your contract fairly, be patient, and you'll be booking your first trip before you know it. And if Disney does take your contract? You dust yourself off, find another one, and try again. It's not the end of the story. It's just a speed bump on the way to your first DVC vacation. For more DVC resale resources and tools, we've got you covered.