Waterfront Group PLC LLC claims to sell liquidated waterfront properties in ***********. I was contacted by their sales associate about the availability of one of their unsold lots (Lot **) at a subdivision called ***************** in ***********. He stated that the owners wanted $40,000 on that lot. After several email exchanges (I have copies of all emails, text messages, sale contract, copies of cleared checks for $6,000 and $4,000 and seller financing addendum) we agreed to have an owner financing of the lot for the balance of $30,000 (I was to pay $10,000 cash which I paid). They sent me the contract and seller financing addendum since they are financing the balance $30,000 which I signed for the purchase of Lot **. I was told to send $6,000 to their Attorney (*************) in ************ which I did send with the signed contract, financing terms and closing cost. I also PDF copies to The Waterfront Group sales associate which he acknowledged that they received it. The check for $6,000 also cleared from my Bank (*************) and then they drafted the closing settlement sheet with the balance of $30,000 and closing cost and financing term and amount to be paid monthly. I signed and also sent back this document. Then they started putting pressure on me to send the rest of the $4,000 (for a total of $10,000) cash prior to closing (amount was agreed that I was to pay at closing) but they wanted it sooner. I wondered why there was such a rush to collect the balance of the down payment. I was told that I needed to put down the $4,000 balance early to allow for a draft of the closing paper only one time instead of twice. I did send the $4,000 check as requested (************* check) and it was cashed and sales associate acknowledged receiving the balance amount and thanked me for sending it. (I Have proof of emails and text communication). Once my $10,000 was received, I was waiting for the official deed, title and other closing documents from Waterfront group but never received it from March 2015 after they cashed the additional $4,000 check. I sent a text to their sales associate on 4/**/15 asking when I will be receiving my closing documents and deed since over one month had passed since they received my last check. He said he was traveling and was going to find out what is causing the delay but he never called or text me back. Today 4/25/15, I was going through *********** county deeds to see what is going on, I found out that the same lot that I had paid for awaiting closing and deed issuance, has been sold to another buyer while my contract was still in place and my $10,000 still with waterfront Group (unreturned to me) The lot was apparently sold while I have a contract with Waterfront Group and my $10,000 has been cashed by Waterfront group more than 1 1/2 month ago.
Product_Or_Service: Lot **, *****************
I want the landed property (Lot **) that I have a legal contract on with $10,000 still in the possession of Water front group since February 18 and March 24). Also, I will like the deed to be transferred to my business from the other party that they illegally sold it to after I purchased the lot with a valid contract still in place. My $10,000 checks were cashed by waterfront group with clear proof of a legal contract still in place while I was awaiting closing on the lot.
We contracted with xxxxx, LLC on February 18, 2015 for the sale of lot xxxxx at xxxxx. Previously, Ms xxxxx had purchased two lots in that development in her name, and one in the name of the LLC. The contract called for an earnest money deposit of $10,000.00 to be made immediately, and for the seller financed closing to occur on March 10. Ms. xxxxx wrote a check for $4000 to the closing agent on the day the contract was made, and promised to deposit the remainder within a few days, which arrangement we accepted. Ms. xxxxx did not deposit the remainder of the earnest money. She was repeatedly asked to do so. The closing date came and went, and she still didn't send the remainder of the deposit.
After the closing date had passed, Ms. xxxxx was told that the lot would be sold to another buyer, and that we would request that the closing agent return her money. Within a few days after that she sent us a check for the remainder of the deposit, which check was dated March 20, 2015 and was received by the closing agent several days later. On April 24 we closed with another buyer for the lot, having contracted to do so after the contract with xxxxx was terminated.
We tried to resolve the issue by offering to sell Ms. xxxxx the last lot available in the subdivision, also a waterfront lot and valued at substantially more than the lot she was contracted to purchase. We offered the lot to her at a substantial discount of at least $11,000.00 and told her that because there was another buyer also wanting the lot, the offer was only available during a stated period. We offered to return her full deposit and she said she would reject it if we sent it. She responded that the matter was in the hands of her lawyer.
(The consumer indicated he/she DID NOT accept the response from the business.)
It is not dignifying for a business like The Water Front Group PLC to respond to a complaint with so many lies, cover ups and other mis-statements that are totally contrary to the facts of the situation with several documented facts (contract, cashed cancelled checks with amount and dates, documents, phone call records, emails, text messages, voice messages, and other documented proofs to prove the facts.
The Water Front Group PLC entire rebuttal statement cannot be backed with a single documented proof, phone call records, email or text messages nor contract cancellation hence it is so sad that almost every statement that the Water Front Group made as a rebuttal is nothing but one lie after another to say the least. The only factual statement made by The Water Front Group is as follows:
1. There was and still is a contract between xxxxx and The Water Front Group PLC for Lot 24.
2. I bought 4 other lots from The Water Front Group PLC (All Cash) in the same development.
3. The Water Front Group PLC offered to sell me a returned lot (Lot 5) after this issue started but failed to state that the lot was one and a half times (1 1/2 ) more costly than the actual lot 24 under dispute.
4. I still have a contract with Water Front to buy Lot 24 and my $10,000 down payment has been with Water Front Group for almost 2-3 Months without my ability to invest it elsewhere and make money out of it.
The facts of the case still remain what I previously complained about which was that I contracted with The Water Front Group to buy Lot 24 (still under contract) for $40,000 in February 2015. Total down payment was to be $10,000 and this sum was not mandated to be fully paid before closing. (This is another non-factual statement by Water Front Group in their rebuttal). I was asked by Water Front Group to put down $6,000 when I signed the initial contract which I did in February 2015 (Proof of cashed check by Water Front Group is enclosed). However, Water Front Group rebutted that I paid $4,000 in their rebuttal- Non-factual statement.
If the $6,000 initial down payment amount was not acceptable at the time of the contract, the check should not have been cashed. The agreement was that I was to either wire or send a check for the additional balance of $4,000 to make up the $10,000 down payment once I received the closing document for closing to occur. Water Front Group was to finance the balance $30,000 and any additional closing costs (rolled into the $30,000). I waited for the closing documents through March 2015 and even past their stated closing date and I did not get any closing packet. When I enquired from Water Front Group sales agent about when I was going to be getting the closing packet, he said that they were working on the closing packet. Then he called me a few days saying if I could do him a favor by sending the other $4,000 upfront prior to receiving the closing document. He stated that xxxxx at the office was putting a lot of pressure on him to ask me to pay the balance $4,000 of the total $10,000 down payment upfront without receiving a single closing packet or information on the typical processing that occurs with a lot or house purchase. This was a balance amount that was meant to be paid at closing.
Although it sounded fishy to me, I obliged and mailed the balance $4,000 check upfront to Water Front Group (Which they cashed-Proof included). Now, Water Front Group cashed the entire $10,000 check and did not send a single closing document to me and after waiting for more than one and a half month for closing to occur.
We all know that it is typical for a balance to be paid at the closing based on the closing settlement analysis sheet. No one is asked to pay all the sums required for a lot or home prior to the closing with no closing document sent to the customer to sign or as a proof of actual closing. Asking a customer to pay all monies for a lot without any closing document and then collecting the full amount upfront is what Water Front Group is invariably stating as their rebuttal and their reason for selling the same lot under contract to another buyer. Both checks for $6,000 and $4,000 were fully cashed by Water Front Group and were never returned to me neither did I receive any certified letter with tracking showing that they sent a contract cancellation if going by their false statement that "they repeatedly asked me for the balance amount". Water Front's rebuttal statement about asking me for the balance is false. If I was able to afford previously purchased 4 Lots from the same company (All Cash purchase) including two water front lots, then I do not consider myself lacking in the ability to pay the stated $4,000 as the balance amount that Water Front Group stated that they were awaiting hence they sold the lot to another buyer.
Water Front Group did not repeatedly ask me for the balance amount as stated nether did they send a contract cancellation after their so called false claims of "Waiting and asking me for the balance" but they played a dual game of being in contract with me and then getting another buyer who offered to pay more for the same lot under contract with me who happen to offer them cash immediately. Checking the date of the second buyer's contract will provide the proof of when my last check was cashed and when the other customer's contract was signed with Water Front Group. This is a breach of our contract and total greed and deception, by Water Front Group.
Water Front Group offered to sell me Lot 5 which is 1 1/2 times what my evaluation from an investment stand point is when compared with Lot 24 with more acreage and similar proximity to the water hence their offered price which they quoted as $11,000 less is not significant to me from an investment analysis compared to the Lot 24 still under contract with Water Front Group.
Holding a buyer's $10,000 regardless of whether it is in a Trust account for almost 3 months with no interest is not acceptable as well as that money would have been invested by me in other opportunities.
Water Front Group's position and rebuttal statement does not represent the facts and they neither lack any merit nor documented proof. I have documented proof of the facts including statement of fact from the second buyer whom they sold the lot to which showed that they lied to that buyer as well based on communication with the buyer whom they also sold the lot to.
I also have a voice message from Water Front Group sales associate in April 2015 which stated that the reason that Water Front sold the Lot 24 to the second buyer was that "Water Front Group got a higher offer from another buyer hence the owners changed their mind in selling Lot 24 to me" This is with a full knowledge by Water Front Group that Lot 24 was still under contract with me, and also that my $10,000 full down payment was still in their possession has not been returned to me. It was not until I started enquiring about when the Lot was going to be closed after I waited for over 1 1/2 months with no closing occurring and then discovering that they sneakily sold Lot 24 to another buyer during my search of the xxxxx County records (for an unrelated activity that I was doing online) that Water Front Group started telling me that they will be sending me a letter and a return of my check and then started fabricating several non-factual statements as a cover-up.
To date, there are no certified letters, notification, contract cancellation, text messages or any email or anything from Water Front Group that proves or describes warning me about potentially losing the lot or selling the lot to another buyer or any delayed payment, contract cancellation or proof of any of the related statements like they stated in their rebuttal. My original position stands as is with proof/facts that supports my position.
Hopefully this can be resolved amicably to avoid this same issue from happening to other buyers of Water Front Group's Landed Property.
Final Consumer Response
(The consumer indicated he/she DID NOT accept the response from the business.)
My original complaint and rebuttal stands as is. Again, this shows how much inconsistencies, fabrication of stories and events that Waterfront Group has provided throughout their response and rebuttals. Their response stated that I wanted the Lot 5 that was subsequently offered to me after I complained about their breach of our contract at the same price $40,000 as the Lot under contract (Lot 24). However, this in untrue which is consistent with the same fabricated stories and responses. Lot 24 was contracted for $40,000. However, Waterfront group wanted to sell Lot 5 that has a smaller acreage to me for $63,000 with a deceptive $11,000 discount that they stated they offered to me. However, from an investment standpoint which was the reason I purchased Lot 24 for $40,000, it serves us right to be given the Lot 24 that we have under contract instead of Lot 5. I have voice messages from Waterfront Group's agent that will openly proves the facts of what happened and why Waterfront Group breached the contract that I have with them. It shows that Waterfront Group has fabricated this story and statements provided to BBB. This is bad for a company's reputation when a company uses a sales tactics that lacks integrity to sell a lot to two different people with no regard for the same customer that bought the most lots in the same development with hundreds of thousands of dollars in Cash for other lots. That customer is obviously not lacking in funds to issue a balance of $4,000 if that was the facts of the matter. However, the facts of the matter was that Waterfront Group saw another customer while I was awaiting the closing of the lot who had a strong interest and wanted the lot very badly (This was corroborated by the second buyer of the Lot 24 that Waterfront sold it to) that was willing to pay cash and more money for the same lot after offering to sell it to me while they financed it for a short period of time. Financing only came into play because I did not want to buy additional lots after buying 4 for Cash and that was their last lot that was rejected because the original buyer could not get financing. I was approached by Waterfront Group to purchase and take this lot off their hands which I obliged to do but mentioned to them that I was only going to accept the left over lot if they financed the balance amount which I was going to pay within a few months. My original rebuttal stands as is because it is the facts and I have documents, emails, voice message, text messages and others to prove my facts. To substantiate how bad the facts are with Waterfront Group, they could not correct in their response a simple fact that I initially paid $6,000 at the time of signing the contract as opposed to $4,000 that they stated in their original response to BBB. That is the level of reputation and integrity of a company. I have attached the email strings from xxxxx showing what they offered to sell the last rejected lot 5 to me for $63,000 and not $40,000 as claimed in their response which I rejected and offered $50,000 in good faith to end this matter. However, I do not trust any transactions that come from Waterfront Group at this time due to several inconsistencies of their facts, actual events, perceived reputation after this event and documented proof that shows the facts.
Final Business Response
We stand by our original statement,The written terms of the contract Ms.xxxxx entered into are clear that the contract required an earnest money deposit of 10,000. She only gave part of it and didn't give the remaining amount until 10 past the closing date. Attached is a copy of check, and contract. We have offered to have the closing agent return her Full deposit of $10,000 but she says it will be rejected. As I stated we offered her a discount on a lot that is much nicer but she didn't agree on the price, she wanted it for the same price as lot 24 plus she wanted us to owner finance the lot. I feel we are doing everything we can to make this situation right.