Re: Club Cascadas Sale #05264 Problem

[MICHA BENNETT]

Mr Stoenner,

 

Just to reiterate what has occurred so far for those of you just stepping in on this issue. You Mr. Stoenner wrote me a letter telling me my unit would sell for $29,850 net if not more! Letter and all correspondence is below. Then I get the sales contract saying the sale will bring in 65% of $39,860.00 (which would be $25,909.00 net) less than original, but I figured that was the lowering amount it spoke of in the contract! Then I get the transfer to sell contract and now it says: 23,283.09 net. That is not right on so many levels as well as the document stated it sold on Dec 7th, 2017 (but buyer would not have use until 2019?). I did NOT hear about the unit selling until I called: Inquiring, if my unit is being used in 2018 by the sales team or not. I could have sold this unit myself but due to Mr Stoenners letter and my medical issues; I wanted someone else to take care of it. I have now spent more time and energy dealing with this than I ever expected and would have taken if I sold the unit myself, which has also cause me more health problems for me because of the stress.

 

I have been waiting to get a call back from Mark Giddings but since I received a rather odd response from your receptionist Andree (Spelling?) When I mentioned I need to file a complaint on how you are dealing with me and the sale of my unit:  She told me “Well that is hard for me to believe!” (She also refused to give me Mark’s Giddings e-mail address) therefore I have a feeling my message did not get any further than her desk.

 

The last email below also states I have no recourse the sale is completed and will move forward, to sign and send in the certificate, I would receive my money in a timely manner (end of March (4 month) is not a timely manner). I will not be sending in my signed and notarized certificate since I am not in agreement of the sale and do NOT believe it was reasonably discounted! If I receive a transfer to sell agreement of $25,909.00 net I will sell. If not, I will keep my unit, sell it myself or rent it out.

 

 

I am responding in larger text and parentheses to your response Mr. Stoenner. I am adding all individuals e-mail address that might help me in resolving this, not just for me, but also the 22 people that wrote to me with the same bait and switch tactic that has been used on me.

 

Micha Bennett

360-463-7424

 

 

From: da...@cascadaslegacy.com da...@cascadaslegacy.comsaling
Sent: Friday, December 29, 2017 6:05 AM
To: MICHA BENNETT
Cc: Rory King; gilb...@cascadaslegacy.com
Subject: RE: Club Cascadas Sale #05264

 

Micha

 

I just landed from flying home from Cabo.

 

Very surprised to read your note. 

 

Your listing agreement showed the expected net to be $25,909.

 

Your net is $23,283.  That's only 10% less than anticipated in September when you listed. (You promised me 29,850 if I list with you, I was under the impression the contract was the discounted amount)

 

As of January 1, 2018, if the buyer paid the exact same amount as they did, you would receive 14% than the $23,282 due to the new requirement to pay IVA tax to the Mexican government. (It is not January 1, 2018 and your contract states the sales team pays all related cost including taxes of the sale)

 

So your net today is 14% higher than it would be next week if we didn't push hard to get your villa sold this year. (I would assume that would be in your best interest but it is also not next week)

 

You paid $8,379 for the legacy in this villa.  You are netting $23,283 (How am I netting 23,283?)  Unheard of in the timeshare world.

(I actually paid $17,000 for the first part of my membership and it gave me the option to purchase legacy for a additional $9,299 therefore I am in it for $26,374)

 

Your listing agreement clearly gives us the right to 'reasonably adjust' the price to stay competitive.  (How is 29,850 to 23,283 reasonable adjustment?)  We did.  You earned more than you would from the same sale 4 days from today and  $14,904 more than you paid. (How is this relevant? It is not 4 days from today! and just because the unit held it’s value, you would like to keep it for yourself?)

 

I am very sorry you are not happy with the sale of your villa.  It was sold in full accordance with your listing agreement and we will move forward in completing the sale and transferring the membership to the buyer.     To receive your funds promptly I respectfully ask that you sign and return the seller letter Gilberto sent you. (really you can do what ever you want, and I am suppose to be OK with it? You have left a very sour taste in my mouth for Club Cascadas de Baja. I have been coming yearly since 1995 shame on you. I have brought in many buyers over the years which I now regret. Shame on you.)

 

I will be back in the office January 3 if you care to talk.   

 

 

Dave Stoenner

Cascadas Legacy Sales Director
250 Newport Center Dr. #306 Newport Beach CA 92660
949 640 8742 ext 103

 

    

              Ocho Cascadas                                  Club Cascadas        

 

                   

                                                              

 

-------- Original Message --------
Subject: Re: Club Cascadas Sale #05264
From: MICHA BENNETT <Micha_...@msn.com>
Date: Thu, December 28, 2017 2:43 pm
To: Dave <da...@cascadaslegacy.com>, "gilb...@cascadaslegacy.com"
<gilb...@cascadaslegacy.com>
Cc: "From: Cascadas Vacation Legacy" <sa...@cascadaslegacy.com>,
"Luis....@Tradingplaces.com" <Luis....@Tradingplaces.com>,
"Jennifer...@Tradingplaces.com"
<Jennifer...@Tradingplaces.com>, Rory King
<ro...@cascadaslegacy.com>, Wayne McKenna <mac...@hotmail.com>

 

Dave, I am sure glad I asked some questions because I wouldn't have known about the email from Gilberto since it ended up in the junk folder: I only delete that folder and never look in it. That is why I keep asking to be phoned with information. I get very spotty internet where I live.

 

I noticed the amount on the sale letter is very different from the amount you and Rory quoted me per your e-mail/sale contract dates 8-24-2017 and 9-7-2017 “. I deal in real estate and this is not acceptable. I have highlighted the quotes in Yellow and green.

I will start with your quote: On 08-24-2017:

From: Cascadas Vacation Legacy <sa...@cascadaslegacy.com>
Sent: Thursday, August 24, 2017 5:10 AM
To: micha_...@msn.com
Subject: Club Cascadas The Legacy Begins!

 

Good Morning from Sunny and Warm Club Cascadas   This is a reminder your Legacy membership in beautiful Villa Margarita starts next year.    You should receive your first maintenance bill by November 1 for $1,466.    Hopefully you are looking forward to your first year of ownership and relaxing in your private jacuzzi...., but if for any reason life has changed and may want to resell, the onsite sales office can help.   If  you sold this year, your net would be a little more than $29,850.  Not too bad when you compare your purchase price!   We want you to enjoy your villa for many years to come, but we also know many of you purchased a long time ago and life changes.     We look forward to seeing you back in Cabo soon!   Please contact myself or any of our friendly agents on site us if we can be of help in selling, buying, or helping you bring friends along to your beautiful Club Cascadas.     Dave Stoenner

Then Rory’s quote Per an e-mail dated Sun 8/27/2017 10:41 AM:: “If you were to sell you membership in week 4, your net would be $25,870.00.”

Best regards,

Rory King

Sales Manager

Club Cascadas de Baja

 

Then I received this on 9-7-2017 from you Dave

2. TERMS OF SALE: “Member” hereby contracts with “Agent” to market and sell the Membership described above according to the established policies as set by “Agent”. “Agent” has established pricing guidelines and intends for the membership to be sold for $39,8600.00 (I would have loved to get your amount) This figure is based on Buyer’s first Year of Use stated above and standard discounts. “Agent” reserves the right to reasonably adjust these prices from time to time without further notice to Member in order to be competitive in the marketplace. “Member” shall receive 65% of the final sales price charged for the Membership. “Agent” will absorb all costs associated with marketing, selling, collecting funds and transferring the Membership to the buyer.”

65% of $39,860.00=$25,909.00???

Per Gilberto Meza the contract I just received on 12-28-2017 (Actual date on contract letter says 12-7-2017) says “As set forth in your listing agreement, the net to you will be $23,283.09.”

So, this is the bottom line of the above amounts quoted!

$29,850 then $25,870 then $25,909 and now $23,283.09. Please explain the major discrepancy. I have all email I received from all of you with these quotes. This is not ethical in any way! I would have sold the unit myself if I would have known your sales department would take me for a ride! I live on a fixed income which is not much so $6600-$2600 difference is a big deal for me. Please advise on how you are going to fix this.

Micha Bennett

Sincerely, 

Micha Bennett
Mobile 360-463-7424

email: Micha_...@msn.com 

---

From: da...@cascadaslegacy.com <da...@cascadaslegacy.com>
Sent: Friday, December 29, 2017 6:05 AM
To: MICHA BENNETT
Cc: Rory King; gilb...@cascadaslegacy.com
Subject: RE: Club Cascadas Sale #05264

 

Micha

I just landed from flying home from Cabo.

Very surprised to read your note. 

Your listing agreement showed the expected net to be $25,909.

Your net is $23,283.  That's only 10% less than anticipated in September when you listed.

As of January 1, 2018, if the buyer paid the exact same amount as they did, you would receive 14% than the $23,282 due to the new requirement to pay IVA tax to the Mexican government.

So your net today is 14% higher than it would be next week if we didn't push hard to get your villa sold this year.

You paid $8,379 for the legacy in this villa.  You are netting $23,283     Unheard of in the timeshare world.

Your listing agreement clearly gives us the right to 'reasonably adjust' the price to stay competitive.   We did.  You earned more than you would from the same sale 4 days from today and  $14,904 more than you paid. 

I am very sorry you are not happy with the sale of your villa.  It was sold in full accordance with your listing agreement and we will move forward in completing the sale and transferring the membership to the buyer.     To receive your funds promptly I respectfully ask that you sign and return the seller letter Gilberto sent you.

I will be back in the office January 3 if you care to talk.  

Dave Stoenner

Cascadas Legacy Sales Director
250 Newport Center Dr. #306 Newport Beach CA 92660
949 640 8742 ext 103

  

              Ocho Cascadas                                  Club Cascadas       

 

                   

                                                              

-------- Original Message --------
Subject: Re: Club Cascadas Sale #05264
From: MICHA BENNETT <Micha_...@msn.com>
Date: Thu, December 28, 2017 2:43 pm
To: Dave <da...@cascadaslegacy.com>, "gilb...@cascadaslegacy.com"
<gilb...@cascadaslegacy.com>
Cc: "From: Cascadas Vacation Legacy" <sa...@cascadaslegacy.com>,
"Luis....@Tradingplaces.com" <Luis....@Tradingplaces.com>,
"Jennifer...@Tradingplaces.com"
<Jennifer...@Tradingplaces.com>, Rory King
<ro...@cascadaslegacy.com>, Wayne McKenna <mac...@hotmail.com>

Dave, I am sure glad I asked some questions because I wouldn't have known about the email from Gilberto since it ended up in the junk folder: I only delete that folder and never look in it. That is why I keep asking to be phoned with information. I do not check my mail unless I know something is coming!

 

I noticed the amount on the sale letter is VERY different from the amount you and Rory quoted me per your e-mail/sale contract dates 8-24-2017 and 9-7-2017 “. I deal in real estate and this is not acceptable. I have highlighted the quotes in Yellow and green.

I will start with your quote: On 08-24-2017: Mind you I had been asking Rory and Barbara to sell my unit for one year prior to this email.

From: Cascadas Vacation Legacy <sa...@cascadaslegacy.com>
Sent: Thursday, August 24, 2017 5:10 AM
To: micha_...@msn.com
Subject: Club Cascadas The Legacy Begins!

 

Good Morning from Sunny and Warm Club Cascadas   This is a reminder your Legacy membership in beautiful Villa Margarita starts next year.    You should receive your first maintenance bill by November 1 for $1,466.    Hopefully you are looking forward to your first year of ownership and relaxing in your private jacuzzi...., but if for any reason life has changed and may want to resell, the onsite sales office can help.   If  you sold this year, your net would be a little more than $29,850.  Not too bad when you compare your purchase price!   We want you to enjoy your villa for many years to come, but we also know many of you purchased a long time ago and life changes.     We look forward to seeing you back in Cabo soon!   Please contact myself or any of our friendly agents on site us if we can be of help in selling, buying, or helping you bring friends along to your beautiful Club Cascadas.     Dave Stoenner

Then Rory’s quote Per an e-mail dated Sun 8/27/2017 10:41 AM:: “If you were to sell you membership in week 4, your net would be $25,870.00.”

Best regards,

Rory King

Sales Manager

Club Cascadas de Baja

 

Then I received this on 9-7-2017 from you Dave

2. TERMS OF SALE: “Member” hereby contracts with “Agent” to market and sell the Membership described above according to the established policies as set by “Agent”. “Agent” has established pricing guidelines and intends for the membership to be sold for $39,8600.00 (I would have loved to get your amount) This figure is based on Buyer’s first Year of Use stated above and standard discounts. “Agent” reserves the right to reasonably adjust these prices from time to time without further notice to Member in order to be competitive in the marketplace. “Member” shall receive 65% of the final sales price charged for the Membership. “Agent” will absorb all costs associated with marketing, selling, collecting funds and transferring the Membership to the buyer.”

65% of $39,860.00=$25,909.00???

Per Gilberto Meza the contract I just received on 12-28-2017 (Actual date on contract letter says 12-7-2017) says “As set forth in your listing agreement, the net to you will be $23,283.09.”

So, this is the bottom line of the above amounts quoted!

$29,850 then $25,870 then $25,909 and now $23,283.09. Please explain the major discrepancy. I have all email I received from all of you with these quotes. This is not ethical in any way! I would have sold the unit myself if I would have known your sales department would take me for a ride! I live on a fixed income which is not much so $6600-$2600 difference is a big deal for me. Please advise on how you are going to fix this.

Micha Bennett

Have a great day, 

Micha
Home Phone 360-427-1617

---

From: Dave <da...@cascadaslegacy.com>
Sent: Thursday, December 28, 2017 9:39 AM
To: MICHA BENNETT
Subject: Re: Club Cascadas Sale #05264

 

All of your questions are answered on the seller letter Gilberto sent this morning for your review and signature 

Dave Stoenner

949 322 4016

On Dec 28, 2017, at 10:30 AM, MICHA BENNETT <micha_...@msn.com> wrote:

Yahoo, Thank you for the information. Here are some of my questions: How much will I be receiving, when will escrow close and fund on their way? Approxement will be fine. Have a great day.

Get Outlook for Android

---

From: da...@cascadaslegacy.com <da...@cascadaslegacy.com>
Sent: Thursday, December 28, 2017 8:06:20 AM
To: micha_...@msn.com
Subject: Club Cascadas Sale #05264

 

Micha

We got it!

I am on site this week and we were able to get signature and payment yesterday!!!

Please feel free to call or write if you have any questions during the escrow process

Wishing you a Happy and Healthy New Year!!

Dave Stoenner

Cascadas Legacy Sales Director
250 Newport Center Dr. #306 Newport Beach CA 92660
949 640 8742 ext 103

<sigimg0>    <sigimg1>

              Ocho Cascadas                                  Club Cascadas       

 

                   

                                                              

-------- Original Message --------
Subject: Release Membership Letter on Club Cascadas de Baja Contract
#05264
From: "Gilberto Meza Gaxiola" <gilb...@cascadaslegacy.com>
Date: Thu, December 28, 2017 8:02 am
To: <micha_...@msn.com>
Cc: "'Dave Stoenner'" <da...@cascadaslegacy.com>, "'Luis Moran'"
<Luis....@Tradingplaces.com>, "Jennifer Sherrer"
<Jennifer...@Tradingplaces.com>

Hola Micha Bennett

 

We want you to inform you that we find a buyer for your legacy villas you own in Club Cascadas de Baja.

 

Attach you will find 2 documents where specified the amount you will get and when you get it by mail. Will ask you to print the Transfer form and get it sign and notarize and send to us with the membership certificate as soon you can, to continue on the process of the sale.

 

Please reply all to confirm that you receive this email and attachment to follow up on the sale.

 

If you have any questions, do not hesitate to contact us, Have a wonderful day.

 

Gilberto Meza Gaxiola
<image001.jpg>
Toll Free 1 888 846 5571,
Mexico 011 52 624 143 4406

 

[Kimberly Beach]

I know we all should not really be involved in this - but if I was told to expect $25,909 and received a check for $23,283 - I would be upset as well.  

Seems like quite a difference.  And if the contract calls for “reasonable adjustment” - the parameters should be spelled out with the expected payout written as a range.

If Dave feels the difference in what is being remitted to the seller compared to what she was told to expect is so insignificant,  perhaps he should absorb the amount with his commission as opposed to the seller. 

And neither the 14% change in 2018 nor the original purchase price are relevant.   If I bought a unit for $5000 and you bought the same one for $10,000, they are for sale at the same price.  Seems like that was a diversion.  

<sigimg0.jpeg>    <sigimg1.jpeg>

              Ocho Cascadas                                  Club Cascadas        

 

                   

                                                              

$29,850 then $25,870 then $25,909 and now $23,283.09. Please explain the major discrepancy. I have all email I received from all of you with these quotes. This is not ethical in any way! I would have sold the unit myself if I would have known your sales department would take me for a ride! I live on a fixed income which is not much so $6600-$2600difference is a big deal for me. Please advise on how you are going to fix this.

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[Phyllis Mittler]

Hi Micha,

 I do hope you are feeling better this year. I know you are upset because you still have me on your stream.  I have to say that I have reviewed the letters and the quotes that were sent to you. I think the only problem that had unfortunately happen is that Dave over estimated your unit in his letter welcoming you to your first legacy year. Your first amount stated was in a letter from Dave and it was over estimated, not a quote. I think that over estimating could easily happen because in Real Estate “a property is only worth what someone is willing to pay for it.” So to be honest with you it is easy to over estimate the price of what a property is actually worth at the end of one year to the next.  It was unfortunate.  As far as the contract; I cant tell if the price of $25,909 was given to you before the new buyer decided not to occupy or after.  If it was before the buyer decided, it seem like the sales office is correct. You have this year to enjoy your unit or you could rent your beautiful unit this year and that could help you increase your net amount to get closer to what you expected. I hope this helps. 

Take care and be well,

Phyllis

[Edwina Feeney]

Hello, a little break from the action.  We are hoping to take 6 friends to Cascadas week 44 or 45.  We will need 4 bedrooms so…two 2bed/2bath, or 3 bed villa and 1 bed/villa.  Six of the group have never been to Cabo and there is NO better way to introduce them to our little piece of paradise.

 

Cheers,

 

Edwina Feeney

[Tia Winters]

Seems unfair to me, so in the future if prices change I would suggest sales people be obliged to pass by the owner prior to selling, to midigate the loss. 

Tia