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BeachKitten
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Joined: 11/01/09
Posts: 1397
Loc: Maryland/DC Metro
Re: Caravanserai now Alegria [Re: VitaMan]
      #1608257 - 10/06/14 12:38 PM (129.2.129.162)

Quote:

VitaMan said:
There have always been to be more red flags with this property than a Soviet parade




Bwahahaha!!!

--------------------
"It is good to do nothing all day, and then to rest" ;)



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mecs
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Joined: 03/02/02
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Loc: PA
Re: Caravanserai now Alegria [Re: VitaMan]
      #1608262 - 10/06/14 12:54 PM (24.144.229.52)

I get that it is easy to say the signs were there but every time someone stayed at Caravanserai they were corralled into meetings in which they were assured that the resort was going to be sold at auction and that timeshares would be honored by whoever bought the building as a condition of purchase. If the bank continued running the Caravanserai and soliciting upgrades and commitments or even giving general reassurances then there is a whole lot more at play here. If the timeshares were not permissible sales then the second the bank got the financials on foreclosure proceedings why didn't the bank post notice of the violation and direct it's representatives pending sale that timeshare reservations were not valid and should not be honored. Did they accept funds from Caravanserai that were secured through timeshare sales/reservations? As it was, it seems the bank or it's agent continued to allow the same people who sold the timeshares to keep offices at the resort and hold timeshare owners meetings etc. And they charged timeshare taxes and honored RcI reservations s well as in house timeshare bookings. This was occurring between the auction dates. It seems they were trying bring in as many timeshare dollars as possible before cutting people off at the knees.

Edited by mecs (10/06/14 12:58 PM)


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Bob_Dot
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Joined: 07/31/03
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Loc: North Kingstown, Rhode Island
Re: Caravanserai now Alegria [Re: VitaMan]
      #1608263 - 10/06/14 12:57 PM (68.109.114.220)

The Lessor Guarantee transfer language reads:"The Lessee will not be disturbed in case of a transfer of the real property to a third party"
Would not use slings or arrows on people trying to help.


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bobandrosa
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Joined: 06/12/11
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Loc: Orange, California
Re: Caravanserai now Alegria [Re: Bob_Dot]
      #1608265 - 10/06/14 01:15 PM (75.84.145.157)

Count me in on any timeshare owner action to retrieve our investment and rights to Caravanserai. What a mess!

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VitaMan
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Joined: 07/25/08
Posts: 181
Re: Caravanserai now Alegria [Re: mecs]
      #1608290 - 10/06/14 04:05 PM (24.3.246.11)

I agree that there are many culpable parties in this situation: Kildare and Manek, Scotiabank, RCI, and Endless Vacations. But those that purchased during the past couple of years must bear their share of the burden as well. They may have been corralled and high-pressured, but they were not held captive and had the option to say no thanks. Caveat emptor is more than just an expression, it is a business principle that requires one to protect oneself, preferably in writing. Generally most contracts also contain an "Entire Agreement" clause that states all the terms and conditions of the agreement are contained therein, and no other verbal promises or guarantees are part of or are enforcable under the contract.
I stop short of including Ray Sidhom on that list because I don't know what was involved in the negotiations and what assurances he was given. Depending on the result of any any litigation and/or social media smear campaigns as suggested, he may end up becoming another victim as well.
Like I said in my earlier post, to me everything hinges on how the original contract's somewhat loosely worded "successors and assigns" provision (as shown in BobDot's post) is interpreted by the courts.

--------------------
If life dealt you a full house, don't complain you didn't get a royal flush.


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mechtech43
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Posts: 43
Re: Caravanserai now Alegria [Re: VitaMan]
      #1608295 - 10/06/14 04:25 PM (50.70.29.170)

I do not know if you had any investment in Caravanserai but I highly doubt it. You must be quite smug while you determine that people should just walk away from a huge investment without no recourse. If this happened in the U.S. or Canada, Alegria would be in motions court within a week and a restraining order would be placed on their operations. If you know so much about St. Maarten's laws, inform us all or keep your opinion to yourself about that "everyone should just walk away." I wish I could do business with you in North America. You would not last with that attitude

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ruralcarrierModerator
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Joined: 03/31/01
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Loc: Ohio
Re: Caravanserai now Alegria [Re: mechtech43]
      #1608299 - 10/06/14 04:46 PM (70.63.43.126)

Quote:

mechtech43 said:
I do not know if you had any investment in Caravanserai but I highly doubt it. You must be quite smug while you determine that people should just walk away from a huge investment without no recourse. If this happened in the U.S. or Canada, Alegria would be in motions court within a week and a restraining order would be placed on their operations. If you know so much about St. Maarten's laws, inform us all or keep your opinion to yourself about that "everyone should just walk away." I wish I could do business with you in North America. You would not last with that attitude




Sorry but certain things in life are better to just walk away from versus throwing good money after bad.

The transactions were made in SXM and have nothing to do with US or Canadian law.

The poster was just trying to help and made a VERY valid point and post.

No need to attack the messenger. BTW, I believe "VitaMan" is an actual property owner (not a timeshare "owner") on the island and probably knows a thing or two about what they are saying.

--------------------
J.D.


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madg1108
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Joined: 01/05/07
Posts: 280
Loc: Woodland Pk N J
Re: Caravanserai now Alegria [Re: ruralcarrier]
      #1608301 - 10/06/14 04:58 PM (67.83.5.69)

Go to Caravanseraitimeshareowners ..one word... on Facebook

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mecs
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Joined: 03/02/02
Posts: 1377
Loc: PA
Re: Caravanserai now Alegria [Re: madg1108]
      #1608303 - 10/06/14 05:13 PM (70.198.197.91)

But sometimes walking away allows other people to be hurt in the same way because nobody stood up for what was right. Sometimes it's not about the money. Sometimes it is about doing what is right even if it cost you. Standing up against this might get some publicity and negativity directed towards whoever decided to hurt the timeshare owners, and maybe people in the future will not have this happen to them. To paraphrase Edmund Burke, the surest way for evil to survive is for good people to stand by and do nothing.

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boucharda
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Joined: 12/01/04
Posts: 2931
Loc: Massachusetts
Re: Caravanserai now Alegria [Re: mecs]
      #1608304 - 10/06/14 05:23 PM (76.118.193.255)

I feel that if everyone just "walks away" it will set a precedent for all other similar resorts to do the same...this is assuming that you actually liked the resort in the first place...I thought it had a great location and potential

That said I do not have a stake in this resort but I do at SBR...where there was a sale but no loss of "owners" vacation rights


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