My Belaire Experience--Part II.b Overview (cont)
Detailed Time Line of Events
June 11, 2007: We are approached by a representative of Belaire Golf Resort and Spa to attend a presentation of their property. The initial contact is made across from the Westin Regina Hotel in Marina Vallarta. We are offered $400.00 USD to attend the presentation. We are told this is a very high end project—a private residence club rather than a timeshare.
June 12, 2007: We are picked up by taxi and driven to the Belaire project location. The sales building is still under final finishing construction but is beautiful. We are introduced to the Private Residence Club concept, shown the newly completed models, and asked if we are interested. Because we are looking for ways to have extended weeks of vacation in Mexico, the U.S., and other parts of the world, and because the Belaire plan offers up to 400 weeks of vacation at PRC’s, claims to have several other projects on the drawing board, and offers exchange privileges with other PRC’s, we express our interest. We ultimately sign a contract to purchase a Diamond Membership Executive Suite (see EXHIBIT I). Please note the following:
• The initial quoted price of $98,300 is reduced by credits for our two existing timeshare properties ($18,000 for _____________ and $26,000 for _________) and and the additional buyback of the four 2008 weeks at Belaire for $8,000. This reduces the actual purchase price to $46,300.
• We put the 20% downpayment and the $1500 in closing costs and membership in the exchange program on one of our Chase/Mileage Plus credit cards.
• We are given 60 days to either cash out the contract or roll it over to their 5 year, 7% financing program.
• We are given 10 days in which we can rescind the contract.
• We are guaranteed the right to bring our pets with us for any stay at any of the Belaire properties.
June 13-18, 2007: Because we are unsure of our purchase, we return to the property almost daily for the rest of our vacation to get our questions answered and to attempt to reassure ourselves regarding the purchase. Most of our time is spent with Isreal Curi Ocampo getting our questions answered. These questions fell into two categories.
• How can we be sure that this project is legitimate, will be built, and will be built in a timely manner? Answer: We have finished Phase I, the sales center. Phase II, the first tower, will be completed in 2008. This is guaranteed by a $37 million Completion Bond (Exhibit II) that 106 units will be finished and ready for occupancy by January 1, 2009.
• What do we do about vacationing in 2008? We have traded in to you our two timeshares and our purchase from you includes you buying back the foru 2008 weeks. What can be done here? Answer: First, we allow you to accelerate the use of your weeks off the back end of the contract. You will be able to trade your yr. 2032 Belaire weeks for vacation weeks in 2008. Also, we have decided (this one on June 15th) that we will return to you your Casa Dorada property without deducting the credit. This was included in the actual contract on June 15th and designated as a special Diamond Member grant.
June 28, 2007: An email (EXHIBIT VIII) is sent to Israel Curi Ocampo delineating our 2008 vacation plans and requesting instructions as to how we might begin using some of our Belaire weeks to meet those needs. His reply, received two days later, included the following:
• We will not be able to setup your next trip until January 1, 2008.
• We will send you the Resort directory so that you can check destinations available and know how to trade into them. (No resort directory has been received to date).
• I will note the account so that you can in January get what you requested.
July 22, 207: An email (EXHIBIT IX) is sent to Israel Curi Ocamp asking how to implement the 7% financing option, who will actually carry the financing, and how construction is going. His reply, received the same day, included the following:
• Financing is actually carried by Monterey Financial Group in California. (The financing is not ultimately through Monterey Financial Group but is done by Belaire calculating a monthly payment amortized over 60 months at 7% and charging it to our credit card. Is this an acceptable Visa practice?)
• Construction on the first tower will start in two weeks. (It still hasn’t started).
• The first tower will be completed by March, 2008. (Obviously, it won’t be completed anywhere near that date).
August 26, 2007: An email (EXHIBIT X) is received from Dorota Antoszkiewicz at Belaire requesting credit card information to set up a monthly credit card charge to cover the 5%, 5 year (60 monthly payments) balance on the contract.
October 25, 2007: An email newsletter (EXHIBIT XI) is received from Dorota Antoszkiewicz/Jonathan Tomasello updating us on the Belaire project. Of note in the newsletter are the following:
• The onsite restaurant will soon be open. (I don’t think it is open yet.)
• They were able to start construction on the towers on October 10, 2007. (They can’t really start construction unless/until they find enough bedrock under the site to anchor the towers and that has not yet been found.)
• They have a new construction partner. (What happened to the old one?)
• We will be receiving our Exchange Partner guide in a few more weeks. (It is now 15 weeks later and no guide has yet to be received)
• Dorota Antoszkiewicz is no longer with Belaire.
December 7, 2007: An email response is received from Dorota Antoszkiewicz in response to my email of December 6th (EXHIBIT XII). Items of note in her response are:
Exchange reservations will be available in 2008 through The Registry Collection and suggests I go to The Registry Collection web site to look at their locations. (Problems): 1. We cannot trade on The Registry Collection unless we are registered members.
2. Our resort is the only one that can register us.
3. You cannot trade on The Registry Collection unless you have inventory to trade at your home resort.
4. Belaire has no tradeable inventory at this time and is not likely to have any in the foreseeable future.
5. Several of the PRC resorts on The Registry Collection website are shown as still “under construction”. Belaire does not show up in The Registry Collection as a member location, even one “under construction”.
6. Belaire does not appear to be a current member of The Registry Collection.
7. In a telephone call with Elizabeth Hawrylkiewicz at The Registry Collection I have learned the following:
• There have been conversations between TRC and representatives at Belaire.
• Belaire is not currently a member of The Registry Collection.
• Other Belaire members are calling The Registry Collection to inquire if they can begin trading their weeks (Ms. Hawrylkiewicz says she personally has talked to at least 10 Belaire members).
January 28, 2008: I send an email to Dorota Antoszkiewicz asking for an update on construction progress and also inquiring as to when and how I can begin trading my weeks. No response has ever been received to this email. (EXHIBIT XIII)
February 8, 2008: I learn through another Belaire member, Steven Dieter, that construction has been halted because they cannot find enough bedrock below the parcel to anchor the piers that they need to support the towers and that best, construction will not be completed until the end of 2009. (EXHIBIT XIV)
February 8, 2008: I attempt to contact the people I know at Belaire by telephone to verify the information that I have received regarding the halt in construction. I am told by someone identifying her self as “Carla” that Israel Curi Ocampo and Dorota Antoszkiewicz no longer work there, that Tony Capello is with a customer and not available, and that Jonathan Tomasello is in Mexico City on business and will not return for several days. I give Carla my contract number (she seemed to have it) and my cell phone number and ask that Mr. Tomasello return my call. To date, he has not responded to my request.
February 8, 2008: I contact Chase Bankcard Services and start the dispute process on all Belaire charges to credit card ending in ____. I also request that all future recurring Belaire charges be stopped.
February 11, 2008: I email Mr. Tomasello (EXHIBIT XV) and request that they void my contract and credit all monies tendered to date back to my credit card. I have yet to hear anything from Mr. Tomasello.
February 18, 2008: I contact Chase Bankcard Services and start the dispute process on all Belaire charges to credit card ending in 3888.
•
List of Attached Exhibits
EXHIBIT I: The Purchase Agreement/Contract—The contract is somewhat confusing consisting of the agreement itself; annexes 1,2, and 3; annexes A, B, and C; additional Diamond Membership “grants” given to us specifically to induce us to sign and then to not rescind the contract; a copy of the promissory note; a picture of the first tower to be completed; floor plans for the units; a list of acknowledgements/understandings regarding the project. Also included was information on three Cancun properties that Belaire supposedly had some kind of trading rights with though this was never made clear.
EXHIBIT II: The Certificate of Completion Bond—Please note the following:
• This Certificate of Completion Bond was presented to me to alleviate my fears about the project not being completed in a timely manner.
• The completion bond guarantees the completion of the project by December 31, 2008.
• Jonathan James Tomasello is the signatory for World Resort Marketing Enterprises, the company that is building the project.
•
EXHIBIT III: The Initial Accounting Worksheet
EXHIBIT IV: Credit Card Bill (for period 5/23/07-6/22/07) for Card Ending in ____
EXHIBIT V: Credit Card Bill (for period 8/23/07-9/22/07) for Card Ending in ____
EXHIBIT VI: Credit Card Bill (for period 9/07/07-10/06/07) for Card Ending in ____
EXHIBIT VII: Business Cards of Various Belaire Individuals
EXHIBIT VIII: Email from Belaire dated 6/30/07 promising that we will be able to begin trading our weeks in January, 08.
EXHIBIT IX: Email from Belaire dated 7/22/07 indicating two things.
• Financing will be done by Monterey Financial Group (It ended up being done on our credit cards).
• The completion date of the first tower will be March, 2008.
EXHIBIT X: Email of 8/26/07 from/to Belaire setting up the credit card financing arrangement.
EXHIBIT XI: Email Newsletter from Belaire dated 10/25/07—Please note the following:
• The email newsletter promises that we will be receiving our Exchange Partner guides within a few more weeks. As of writing, these have not been received.
• The newsletter is from Jonathan James Tomasello, CEO.
EXHIBIT XII: Email from Belaire dated 12/07/07 indicating our travel options will be with The Registry Collection and that they will be available in 2008.
EXHIBIT XIII: Email to Belaire dated 1/28/07 asking for an update on construction and notifying that we want to start using our weeks to trade. No reply has ever been received to this request.
EXHIBIT IV: Email dated 2/07/08 from ________, an Atlanta builder and Belaire member who travels frequently to Puerto Vallarta on business, indicating that Belaire will be completed (at best and if at all) near the end of 2009 because of the setbacks related to finding bedrock below the property.
EXHIBIT XV: Email dated 2/11/08 to Mr. Jonathan Tomasello at Belaire requesting the voiding of our contract and the return of all monies tendered to date. No response has been received to this email.
We have friends who live in PV who say the photos don't always match. Nor does the weather in the photo with the current weather ass reported by fridneds who are there! We have seen "live footage" with the sun shining when we know it is raining there and vice versa. Not all the time but we've seen that happen. As Blondie said, the oldest trick in the book" and apparently one that works sometimes. Just be careful and reconsider all the advice we've shared with you. It is NEVER to late!
This will save duplication and lots of time for all of us.
