You are correct, I am a lawyer, and that is why you will not see me speaking in absolutes about any contract on a discussion board. There are quite a few of us who are attorneys on the DVC boards, and I haven’t seen a single one weigh in on the matter. I guarantee you it is not because they haven’t been reading, but most likely because our professional ethics and license would forbid us from giving legal advice on a discussion board. Also, this is not a once size fits all situation and what may be the right answer in one case will not yield the same results in another transaction.
I would strongly urge anyone in a position who believes they have lost money because an apparent breach of contract to reach out to an actual attorney. (This only applies to those who feel pursuing this is worth their time and money, because it will require both). A lot of attorneys will give you a free consultation and can advise whether you should pursue legal action (whether that be court action or even just a strongly worded letter from an attorney). Without someone examining the exact signed contracts you have and applicable provisions to the transaction, no one can say with any certainty who is owed a refund and who should be left holding the bag. There are many different aspects of contract law that come into play here, and it definitely is not as simple as the resort isn’t open so you have to give a refund. And there are very few instances, if any, of when a contract dispute over withholding funds one party feels entitled to under contract would morph into larceny (for the crazy references I saw made bringing criminal law into this).