• The TUGBBS forums are completely free and open to the public and exist as the absolute best place for owners to get help and advice about their timeshares for more than 30 years!

    Join Tens of Thousands of other Owners just like you here to get any and all Timeshare questions answered 24 hours a day!
  • TUG started 31 years ago in October 1993 as a group of regular Timeshare owners just like you!

    Read about our 30th anniversary: Happy 31st Birthday TUG!
  • TUG has a YouTube Channel to produce weekly short informative videos on popular Timeshare topics!

    Free memberships for every 50 subscribers!

    Visit TUG on Youtube!
  • TUG has now saved timeshare owners more than $23,000,000 dollars just by finding us in time to rescind a new Timeshare purchase! A truly incredible milestone!

    Read more here: TUG saves owners more than $23 Million dollars
  • Sign up to get the TUG Newsletter for free!

    Tens of thousands of subscribing owners! A weekly recap of the best Timeshare resort reviews and the most popular topics discussed by owners!
  • Our official "end my sales presentation early" T-shirts are available again! Also come with the option for a free membership extension with purchase to offset the cost!

    All T-shirt options here!
  • A few of the most common links here on the forums for newbies and guests!

[2008] Southcape Resort

Fig

newbie
Joined
Mar 20, 2009
Messages
162
Reaction score
0
Visit seller's Store:
Cybernaut303

Notice the absence of color of week and that even the address of Southcape Resort is incorrect!

Sloppy editing, no doubt...must be a edit form from The Cove which is at that address in West Yarmouth.

The weeks are addressed later on in the listing: ANNUAL FLOAT WEEKS 1 - 23 & 38 - 52
 

Fig

newbie
Joined
Mar 20, 2009
Messages
162
Reaction score
0
This is a response for FIG and not meant to be construed as a response to anyone else. Please don't respond to this post if you are not FIG. No one here should state or imply that this post is meant for anyone other than FIG unless you are a lawyer and can make a legal ruling on whether this is legally a response to multiple recipients!

Fig, surely you can't be listing bad reviews about the self proclaimed top sales company in the country.To be top rated the customer satisfaction numbers have to be very high. Did you overlook the 1000's of glowing reviews to find these negative experiences? These Outfielder's are true professionals who comfort owners at resorts with their pleasant visits and owner updates. Remember that one of these Outfield salesmen is a trustee at Southscape, and who could have a problem with that?

Tombo, you made me laugh out loud. Keep posting, my friend. Legal or not, I have learned a butt load from this forum. Not the the least of which has been from Cliff himself. Again, I think he has been very professional in this forum and has contributed a great deal to my understanding of timeshares, HOAs, developers, managers and the like.

That said, IMHO, having teamed up with Festiva and Outfield Marketing, he may have a bit of a challenge trying to stand positive ground in light of all that is swirling around about those two firms. But, best of luck to him. He is obviously good at what he does.
 

ecwinch

TUG Member
Joined
Jun 6, 2005
Messages
3,737
Reaction score
1,124
Location
San Antonio
Resorts Owned
Marriott Harbour Point (HP), Kauai Beach Villas, Riverside Suites, WorldMark Pts (WM), Wyndham Pts
Tombo, you made me laugh out loud. Keep posting, my friend. Legal or not, I have learned a butt load from this forum. Not the the least of which has been from Cliff himself. Again, I think he has been very professional in this forum and has contributed a great deal to my understanding of timeshares, HOAs, developers, managers and the like.

That said, IMHO, having teamed up with Festiva and Outfield Marketing, he may have a bit of a challenge trying to stand positive ground in light of all that is swirling around about those two firms. But, best of luck to him. He is obviously good at what he does.

Fig - I agree you. It has been enlightening. But I think we need to see Cliff's participation for what it is. It was not altruistic in nature. Just like his representations that he was taking actions at SC because "its the right thing to do".

Resort DEVELOPERS have one purpose in mind. To maximize profits for their stakeholders. They do not take actions unless they support their primary objective. His appearance is just an attempt to steer the conversation and defuse any attempt to challenge his authority.
 

NEVMSLLC

newbie
Joined
Mar 27, 2009
Messages
192
Reaction score
0
Gee Eric and I thought we were becoming friends . . .

How about trying to see this from my point of view for a change. I do expect to make money that's why I did this, although money is not my only motivation. I'd tell you the others but I don't think you'd believe me so let's assume I'm your typical greedy developer who only cares about making money for himself. How am I going to do that?

The best way to do that is to have a great product to sell. That means a resort that's renovated, up-to-date, efficient, looks great, is financially sound, has a plan moving forward and most of all - happy owners.

Why are happy owners so important? I've told you. Sales to owners and sales to referral of owners make up about 60% of my sales! Why would I want to do anything contrary to the best interests of everyone when I'm going to have to depend on the active support of the owners to sell my inventory????

This is not a typical developer situation at all. In a typical situation, a developer builds a resort and sells out in 2 - 5 years and moves on. At Southcape, we have owners who've been there almost 30 years. Trust me, they talk about the resort all of the time when they're vacationing. How many of those owners do you think I'd be able to sell if they were all angry with me? Not very many. If the owners were unhappy, how many of them do you think would tell the exchangers and renters about the problems and advise them not to buy? I can tell you for a fact that they all would!!

Again, I'm a greedy, money-hungry developer who cares nothing about the resort and the owners (remember, this is just an assumption!). Let's also assume that I'm not a complete idiot. I know where my bread is buttered. It's buttered by doing the very best I can to make Southcape the best resort possible and, while I can never make all of the owners happy, I can make most of them happy.

We've spoken personally with hundreds of owners over the past few months. Almost all of them are pleased with what we've been doing. Most have paid the special assessment with no problem and on time. Many have thanked me for finally doing something to fix the resort. I'm holding weekly meetings with owners to answer their questions about what's going on at Southcape and I do it myself. How many developers do you know that do that?

After hundreds of conversations, I can count on one hand (and have one finger left over) the number of owners who think there's something underhanded going on and that I've come in to rape and pillage the resort. I'll extend the same invitation to you that I have to Southcape owners. Come visit the resort. Let me show you around and explain all of the problems we're facing and what we're planning to do about it and decide for yourself. I'll even pay for your overnight rental. Sorry everyone, but this invitation is only for Eric. I can't afford to have all of you come down, although I am having a big cook out this weekend but you'll have to BYOB.

I'm only here because there is one owner who seems to be keeping the discussion alive by rumor and innuendo despite our having spoken and communicated. It might surprise people to learn that I hear from new Festiva owners from Southcape and they love Festiva. but, then again, you probably think I'm lying about that as well. Oh well, all I can do is tell you truth. I can't make you believe it.

So, Eric, come on down!!!

Cliff
 
Last edited:

tombo

Tug Review Crew: Rookie
TUG Member
Joined
Aug 16, 2007
Messages
3,224
Reaction score
2
Location
Mississippi (but a Bama fan)
I'm only here because there is one owner who seems to be keeping the discussion alive by rumor and innuendo despite our having spoken and communicated. Apparently that owner hasn't told everyone that that owner told me that they had purchased a membership in Festiva, had second thoughts and asked what I thought they should do. I told them that if they didn't want it, call Outfield and I was certain they would cancel their membership, refund their money and deed their week back to them. I understand that's exactly what happened. Gee, Outfield and Festiva must be greedy robber barons too. All of this happened after the recision period expired by the way. I will also tell you that they are not the only ones that Outfield and Festiva did this for.
So, Eric, come on down!!!

Cliff

This is for FIG and FIG alone. No implied statement of legal knowledge or imparting of legal advice of any kind is to be assumed or implied. If you are not FIG please close your eyes and scroll down past this post. If you are not FIG and yet you are still reading this after being asked not to, I want to make it clear that I am not a lawyer. If you are not FIG do not respond to this post!

FIG, isn't a contract LEGALLY FORMED when two people or businesses agree to do something like take your money, your deeded week, enroll you in a club, and a contract is signed? Doesn't stating that someone (enough information has been given to assume SOU ) had signed a confidential agreement to buy Festiva mean that the details of a private contract which should not have been disclosed, was actually disclosed here on this public forum? Later there was a confidential discussion between 2 parties (one of whom is allegedly posting the confidential information) regarding an offer to change or cancel said contract, once again disclosed here. Then the actual cancellation of the contract was posted on this same public forum. This was apparently posted because the person disclosing the information was upset that THE PERSON WHO ACTUALLY SIGNED THE CONTRACT DID NOT WANT TO DISCLOSE THE INFORMATION THEMSLVES!! FIG I am not a lawyer, but it would seem to be something that could get someone in legal trouble unless they had written permission from both parties to post such private information concerning a very private contract on a public forum. To disclose another person's private contract information to make one's business appear generous or because you are upset that you feel they are discussing your company using rumors and innuendos could be something that could get you sued! What do you think FIG?

Something else that could in my opinion (once again I am not a lawyer) create great legal problems down the road is the admission that more than a couple of people have been released from their legal contracts after the recission period has passed. That means there has been a precedent established. Anyone who wants out of their contract with Festiva could go to court, get their money refunded, and get their deeded week back because Outfield has done it several times before. I am not a lawyer, but it would seem that all who want out can get out without regard to timeframes. No need to worry about the recission period in the future, just call tham and cancel when you feel like it. Maybe this option could be announced at the annual meeting in case there are any in attendance who want out of their contracts. The old saying of "If you do it for one you have to do it for all" comes to mind, but I am not sure if that is a legal phrase. Your opinion FIG?

FIG I remember a lot of Southscape and Festiva things have been discussed here that weren't disclosed because of legal confidentiality issues. Those things didn't seem like they would be a problem to me to discuss here (of course i am not a lawyer), but I was assured that they couldn't be discussed because of legal reasons. On the other hand having a CEO/trustee posting private contract information because an owner wouldn't post it themselves is deemed to be appropriate. I sure wish I was a lawyer cause that just doesn't sound right. It would be nice to have a lawyer comment because IMO announcing the details of a private contract on a public forum without written permission could surely get one sued.

FIG it is always great to talk to you and I look forward to hearing a lawyer's opinion on this matter. I think someone might have stepped in some legal doo doo. :eek:

Originally Posted by NEVMSLLC
I'm only here because there is one owner who seems to be keeping the discussion alive by rumor and innuendo despite our having spoken and communicated. It might surprise people to learn that I hear from new Festiva owners from Southcape and they love Festiva. but, then again, you probably think I'm lying about that as well. Oh well, all I can do is tell you truth. I can't make you believe it.
So, Eric, come on down!!!


Cliff
[Quote edited to reflect edit of original post, at request of NEVMSLLC. The edit removed NEVMSLLC's statement that Outfield had on several occasions refunded the purchase after the expiration of the rescission period. - Makai Guy, BBS Administrator]

I think I might have been correct. Legal might have been less than pleased with the original post. The original post was changed to the above new post for some reason or another. The original quote is very different than what is currently posted on his edited post. I wonder if my assumption that he had stepped in legal doo doo was correct? I think my guess was correct and I bet legal is none too happy with the original post being found or the fact that we can compare it to the new edited post side by side.
 
Last edited:

ecwinch

TUG Member
Joined
Jun 6, 2005
Messages
3,737
Reaction score
1,124
Location
San Antonio
Resorts Owned
Marriott Harbour Point (HP), Kauai Beach Villas, Riverside Suites, WorldMark Pts (WM), Wyndham Pts
Gee Eric and I thought we were becoming friends . . .
Cliff

Cliff,

How many of those "happy owners" know that NEVS is not required to pay the special assessment that is improving the resort?

How many of those "happy owners" understand that you have the ability to levy special assessments without the approval of anyone who would be forced to pay them?

How many of those "happy owners" know who stands to benefit the most from all the improvements and changes that they will be paying for?

You want "happy owners" to the extent that it facilitates your ability to sell your inventory. Their happiness is important for as long it serves your needs. That is all you said in your reply.

And of course you care about the resort, but only as it serves your ability to generate a profit on your investment. You made a sizeable investment to obtain your control. You did not do so because you care about the resort or the owners. You did so because you saw a business opportunity. The "care" you are demonstrating now is rooted in protecting your investment.

You want us to assume that you are not a complete idiot. Then quit insulting our intelligence.

If I am wrong, point out another resort that you have been involved in that is your success story of "happy owners". And by that I mean happy today.
 

e.bram

Guest
Joined
Jun 6, 2005
Messages
3,203
Reaction score
137
Location
Fort Lee, NJ
I would say now is the time for most owners to bail out(stop paying everything) except for fixed weeks 25 thru 34. They will have a chance to buy back their forclosed units for less than the MFs on Ebay.
 

Fig

newbie
Joined
Mar 20, 2009
Messages
162
Reaction score
0
This is for FIG and FIG alone....

FIG, isn't a contract LEGALLY FORMED when two people or businesses agree to do something like take your money, your deeded week, enroll you in a club, and a contract is signed?....

FIG it is always great to talk to you and I look forward to hearing a lawyers opinion on this matter. I think someone might have stepped in some legal doo doo. :eek:

Tombo, I have known lawyers, employed lawyers, but I am no lawyer. However, if Cliff's intent in coming to the board and answering questions was to help persuade people, me thinks he might have lost some points with his post.

I do hope you, SOU and everyone continues to post. As has been pointed out, this is an open and public forum...and very informative at that. The fact that has over 7,000 views should be evidence enough that it resonates beyond any one person's opinion.
 

NEVMSLLC

newbie
Joined
Mar 27, 2009
Messages
192
Reaction score
0
OK, Eric, I guess you're not coming to visit. Here we go:

1. Every owner I've spoken or communicated with about the issue knows that NEVS is not obligated to pay maintenance fees or assessments. It's not a secret and I've been very upfront about it, haven't I? And don't forget where the rental income is going.

2. Again, every owner I've spoken or communicated with knows the process. Again, most of the owners have thanked me for finally fixing the place up! Once more, it's not a secret.

3. you seem to imply that the owners, whose units are being fixed up will not benefit from that. Are you serious?? Of course NEVS will benefit and so will every other owner. You tell me who benefits most. When I got involved with Brewster Green, we could only sell summer weeks for about $2,500. There have been three special assessments to improve the resort. I was not involved in deciding on any of the assessments. Two for $500 and one last year for $300. We now sell summer weeks for as much as $18,000. Would even you dare to suggest that the owners didn't benefit??

I told you that you wouldn't believe my other motivations. You don't know a thing about my motives, nor have you even bothered to ask me what they might be. I went along with your assumptions facetiously but apparently you can't tell the difference. You have no idea why I did this because i haven't told you.

Finally, i don't really care whether you think I'm a complete idiot or not. You ain't even an owner!!! Further, I've never insulted your intelligence, you just seem insecure about it.

I've pointed out two already. Brewster Green and the Ponds at Foxhollow.
 

ecwinch

TUG Member
Joined
Jun 6, 2005
Messages
3,737
Reaction score
1,124
Location
San Antonio
Resorts Owned
Marriott Harbour Point (HP), Kauai Beach Villas, Riverside Suites, WorldMark Pts (WM), Wyndham Pts
OK, Eric, I guess you're not coming to visit.

you seem to imply that the owners, whose units are being fixed up will not benefit from that. Are you serious??

Cliff,

I did not imply that at all. My statement was "who benefits the MOST". Or course the owners benefit, and they should - because they are paying for the refurbishment.

I really cannot believe you see this as equitable. If the shoe was on the other foot, would you see it the same way?

I will leave it to others to vouch for your reputation at the other resorts you have been involved with. With so many "happy" owners it should be easy.

And to close the loop - what are your motives?
 
Last edited:

Sou13

newbie
Joined
Feb 7, 2009
Messages
791
Reaction score
0
Location
New England
Do you really want me to tell everyone?

I had to go back to my email records to find the date of my telephone conversation with Cliff Hagberg. He was calling on his cell phone en route to Southcape, so he must have records of the date of the call. It was Feb. 24, 2009.

Now look at the date of my entry onto TUG as a "Guest" and my first post. It is all subsequent to Feb. 5, 2009 and do you really want me to tell everyone why that date is so important?

Go over to the "Festiva takes over resort" and explain to us what FestivaRep meant about releasing FAC members from their contracts.

I resent the implication that anything I've posted is "untruth" or "inuendo" and if those implications aren't inuendoes I don't know what an inuendo is.

Again I can't help but wonder whether there was any significance to the timing of joining and posting here. Did it have anything to do with letters or telephone calls from unhappy Southcape owners?

So let's bicker about what's in it for NEVS and what's in it for Outfield Marketing and what's in it for Festiva. If we waste all our energy bickering we might be distracted from the real issue which is the $450,000 for capital improvements that have not been approved by the unit owners!
 

e.bram

Guest
Joined
Jun 6, 2005
Messages
3,203
Reaction score
137
Location
Fort Lee, NJ
Now is the time for concerned owners to chip in a nd hire a lawyer to compell NEVS to pay MFs for the units they control. In 30 years a judge should rule the development phase is over and let the MF paying owner control the TS.
 

wmauryd

TUG Member
Joined
Jun 20, 2008
Messages
19
Reaction score
0
Location
Los Angeles
Cape Cod inland, Cape Cod off-season,

Cliff,

Can you elaborate on Southcape inland and offseason issues, with respect to both owner and rental occupancy? From reading earlier, you've addressed some of the remedies.

Also, do you have any background as a single-week owner at Southcape, prior to your inventory acquisition? Did you ever stay there on vacation?

David M
 
Last edited:

Sou13

newbie
Joined
Feb 7, 2009
Messages
791
Reaction score
0
Location
New England
Did FestivaRep do the same thing?

Found on the "Festiva takes over" discussion:

Quote:
Originally Posted by NEVMSLLC
I'm only here because there is one owner who seems to be keeping the discussion alive by rumor and innuendo despite our having spoken and communicated. It might surprise people to learn that I hear from new Festiva owners from Southcape and they love Festiva. but, then again, you probably think I'm lying about that as well. Oh well, all I can do is tell you truth. I can't make you believe it.
So, Eric, come on down!!!


Cliff
[Quote edited to reflect edit of original post, at request of NEVMSLLC. The edit removed NEVMSLLC's statement that Outfield had on several occasions refunded the purchase after the expiration of the rescission period. - Makai Guy, BBS Administrator]

http://www.tugbbs.com/forums/showthread.php?t=93814&page=8

I'd have sworn that FestivaRep had posted something about letting FAC members out of their contracts but couldn't find it. I did, however, find the above quote posted by tombo, but when I reread Cliff's post it didn't say that, only that it had been edited after I logged off last evening.

So you see we have a problem. Things get posted here, then deleted and we get a little crazy.

What got me so crazy was the inuendo that I was the one who'd had that conversation with Cliff. Whatever got tombo to that conclusion, I see now that Cliff has tried to make it look like he never posted it. But tombo and I both saw it and I saw red because of the inuendo that Cliff and I had had that conversation.

Cliff and I did have a conversation, and I realized that by posting it here I was probably closing the door to any further communication from him, and that is exactly what has happened. Go back to my post, "My first questions for Cliff Hagberg" and go on. Have those questions been answered? Were they sent to the wrong email address? I didn't pose any further questions because it looked to me as though Cliff Hagberg didn't want to answer any more of my questions.

I have been hiding behind a ridiculous user name here because my name is unique and I am careful not to give it out online. I can't even narrow down the location because that would lead online searchers directly to my door. I've heard too many tales about identity theft and other frauds, not to mention "spam" and what a nuisance that is, to give out that info.

So, what do I have to fear? I fear that the open door of communication will be shut by those who attack my credibility. I have posted my own experiences, as much as I could divulge, and if I've rendered opinions about the rights and responsibilities of Southcape owners it was as a result of perusing the Master Deed. If Cliff Hagberg didn't want me to do that, why did he send me the link? Was it a form of entrapment?

Have we had a telephone conversation? Yes, we have. Did we discuss Outfield Marketing? Yes, we did. Did we discuss the Special Assessment? Yes, we did. Did I let Cliff Hagberg know that I'm unhappy about Outfield Marketing and the Special Assessment? Yes, I did.

I couldn't be sure when Cliff Hagberg called me that he knew who had requested the call. I had left a message on the IVS website for him to please give me a call in the a.m. My call was about the inventory listed on the website, and from what he told me about that inventory, the red flags went up. From that point on I had to caution myself not to be taken in by a smooth talking salesman, which I perceive Cliff Hagberg to be.

I'm not here for any reason other than to warn Southcape owners that their happy days at Southcape may be coming to an end, if they haven't already.
 
Last edited by a moderator:

ecwinch

TUG Member
Joined
Jun 6, 2005
Messages
3,737
Reaction score
1,124
Location
San Antonio
Resorts Owned
Marriott Harbour Point (HP), Kauai Beach Villas, Riverside Suites, WorldMark Pts (WM), Wyndham Pts
Sou13 - just for the record, I did read the post before it was edited, what you show above was what I read initially.

I am going to give Cliff the benefit of the doubt, and assume he did the edit after Tombo took him to task for disclosing the conversation. I do not see anything sinister about that.

Regarding Cliff in general, I think you do have it right - he is a smooth talking salesman. I visualize most salesman in the same way as that character Kaa in Disney's Jungle Book.
 

Sou13

newbie
Joined
Feb 7, 2009
Messages
791
Reaction score
0
Location
New England
Still wondering where I got that impression

Sou13 - just for the record, I did read the post before it was edited, what you show above was what I read initially.

I am going to give Cliff the benefit of the doubt, and assume he did the edit after Tombo took him to task for disclosing the conversation. I do not see anything sinister about that.

Regarding Cliff in general, I think you do have it right - he is a smooth talking salesman. I visualize most salesman in the same way as that character Kaa in Disney's Jungle Book.

Still wondering where I got the impression that FestivaRep had posted something about letting FAC members out of their contracts, I went through all those posts yet again looking for "Last edited" and the only one I found was for a spelling error.

My impression of FestivaRep is that Festiva wants to clear up misunderstandings and has assigned the task to FestivaRep who handles it very professionally.

One odd observation was that yesterday when I was checking who's online FestivaRep was supposedly replying to a post on the "Festiva takes over" discussion but it never got posted.

Today we were being viewed by a TUG administrator who has since then moved on to another discussion.
 

Russ45

newbie
Joined
Feb 12, 2009
Messages
38
Reaction score
0
Location
Cape
Eric

Two people can discuss legal issues, but they cannot discuss them in a public forum with third parties. Problem is, far more than that has been going on here. Opinions on legal documents have been offered by non-lawyers to an entire group. Legal conclusions have been drawn by non-lawyers and published to the group. Actions based on non-lawyer interpretations of the documents have been urged.

How about the fact that I sell delinquent weeks at Brewster Green as high as $18,000 and the Ponds at Foxhollow as high as $22,000? I say again, maybe I could benefit your resorts as well? ;)

Cliff

BTW, I keep seeing posts by non-southcape owners. Are there any actual owners that have a question?
Cliff,

I am an owner of one interval and I was wondering if you could answer a couple of questions for me. I have read parts of the Masterdeed and some of the older posts and I understand you and the other two Board of Trustees were appointed. Were you appointed to fill vacancies due to the sale of the resort? If so, the Master Deed indicates that you fill out the rest of the unexpired term and that Trustees are elected annually. Am I correct in interpretation of the Master Deed? Are the Board of Trustee elections to be held this year? If so could you tell me when? I assume from the Master Deed that all deeded owners may participate in election of the Board. Also, There are a significant number of improvements NEVMS and the Association are planning this year, well over $10,000. Are improvements over $10,000 supposed to be voted on by deeded owners? If you could answer these questions I would greatly appreciate it, I apologize if you have answered in a previous post.

As a sidenote, the initial special assessment letter sent out contained very little information, had no letterhead, no signature, no backup information, no indication of who the appointed Board of Trustees were and a very short period of time to pay, which is why I think so many owners, including myself, had originally thought this was a scam from another entity or an illegitimate request. I think you would have met with less backlash and scrutiny of operations if you had prepared and sent all the information with the special assessment notice rather than in the manner you did. Just a thought
 

NEVMSLLC

newbie
Joined
Mar 27, 2009
Messages
192
Reaction score
0
Hi Russ

I really hate to seem like I'm avoiding these legal questions, but the fact is, I have to. Much of what you're asking in the first paragraph is legal in nature. Some of the questions you raise are also involved in litigation with the resort which began before I got involved. I just hope you can understand why i can't comment on subjects involving current litigation.

What I can say is that everything that has been done was done under the guidance and supervision of several law firms that specialize in these matters.

As to your side note, I think you are absolutely right and i wish we had done things a bit differently. I can't change it but I do regret it. I can tell you that the notice was modeled exactly after special assessment notices that have been sent out by two of the country's leading management firms. We did not just make it up. That very type of notice has been used for several years with great success by each of these companies. While we've only heard from a handful of owners with similar comments to yours, I happen to agree with you. I could tell you we won't do it again, but I don't see the need for another special assessment. By the way, we've had a great response from the owners who have sent in their assessment. The work has been started and it all looks great.
 

ecwinch

TUG Member
Joined
Jun 6, 2005
Messages
3,737
Reaction score
1,124
Location
San Antonio
Resorts Owned
Marriott Harbour Point (HP), Kauai Beach Villas, Riverside Suites, WorldMark Pts (WM), Wyndham Pts
Some of the questions you raise are also involved in litigation with the resort which began before I got involved. I just hope you can understand why i can't comment on subjects involving current litigation.

I am surprised to learn there is current litigation. Hmmm... isnt that special. I wonder who is behind it....
 
Last edited:

tombo

Tug Review Crew: Rookie
TUG Member
Joined
Aug 16, 2007
Messages
3,224
Reaction score
2
Location
Mississippi (but a Bama fan)
Sou13 - just for the record, I did read the post before it was edited, what you show above was what I read initially.

I am going to give Cliff the benefit of the doubt, and assume he did the edit after Tombo took him to task for disclosing the conversation. I do not see anything sinister about that.

Regarding Cliff in general, I think you do have it right - he is a smooth talking salesman. I visualize most salesman in the same way as that character Kaa in Disney's Jungle Book.

I see something wrong with that. He, IMO, realized that he might be disclosing contract information that he shouldn't have revealed after I responded. He did not alter his post IMO because he felt bad about it, he changed his post IMO because he realized that he might have discussed private contracts that he wasn't allowed to legally discuss, and his comments might have opened himself and his company up to being sued by SOU. He never apologized, just changed his post. If a copy of his post was sent to legal I would bet that they said get rid of that post and don't say anything like that in writing ever again. I am just guessing. The bad news for that poster is that I posted my response and copied his quote verbatim before he changed it. No matter what his post says now my quote is what he originally said and there are plenty of TUGGERS who read the original post as I copied it. I posted mine at 4:28 PM on April 1st, and the original post I copied the quote from was edited on April 2nd at 10:05 AM.

SOU I am not a lawyer but I would bet that if you showed a lawyer what Cliff originally posted that your lawyer would say that you have a legal case. Heck he might even take it for free on a contingency basis. Cliff is a trustee at Southscape, owner of NEVS, and probably the one who hired Outfield. He is a principal and IMO should never without your express permission have posted details of your contractual agreements with Festiva, Outfield, or NEVS. Contact a lawyer and get his opinion SOU. You might have just won the legal lottery.

Besides SOU's situation that IMO should never been discussed on a public forum without SOU's written consent, I also think his post about cancelling contracts opened the door to people being able to do just that with Outfield even after the recission period has passed. By Cliff's own admission Outfield has let people out of their contacts after the recission period has passed on more than one previous occasion. That might legally allows others to do the same although I am not sure because I am not a lawyer.

Of course as I have said, I am not a lawyer and not giving legal advice or legal opinions. I am simply wondering what a Lawyer would think, say, or do given these facts. If any lawyer wants to comment it would be an interesting post. Everything I have stated is my personal opinion and my personal conjectures, and is not to be construed in any form or fashion to be legal opinions or legal advice.
 
Last edited:

tombo

Tug Review Crew: Rookie
TUG Member
Joined
Aug 16, 2007
Messages
3,224
Reaction score
2
Location
Mississippi (but a Bama fan)
Editing our copy of what was originally posted is not right!!!!!!! This is nowhere near the content of the original post. There is no problem with him changing his post but changing our copies of his original post totally change the discussions we are currently involved in.

Since I first posted this I have since obtained a copy of the original quote and added it above so TUGGERs can read what was originally said and what is currently on the post. Having both posts listed allows the previous discussion to be valid and opens new options to discuss differences in the 2 posts. In the long run this might be even better than having just the original.

Quote:
Originally Posted by NEVMSLLC
I'm only here because there is one owner who seems to be keeping the discussion alive by rumor and innuendo despite our having spoken and communicated. It might surprise people to learn that I hear from new Festiva owners from Southcape and they love Festiva. but, then again, you probably think I'm lying about that as well. Oh well, all I can do is tell you truth. I can't make you believe it.
So, Eric, come on down!!!


Cliff
[Quote edited to reflect edit of original post by NEVMSLLC - Makai Guy, BBS Administrator]

http://www.tugbbs.com/forums/showthr...t=93814&page=8
 
Last edited:

NEVMSLLC

newbie
Joined
Mar 27, 2009
Messages
192
Reaction score
0
Cliff,

Can you elaborate on Southcape inland and offseason issues, with respect to both owner and rental occupancy? From reading earlier, you've addressed some of the remedies.

Also, do you have any background as a single-week owner at Southcape, prior to your inventory acquisition? Did you ever stay there on vacation?

David M

Hi David

I could probably write a treatise on your question, but I'll try to sum up my feelings as best I can. On Cape Cod, there are basically three types of resorts: purpose built like the Cove at Yarmouth, converted condos such as Southcape and converted motels like the Ocean Club. Virtually all of the oceanfront resorts are converted motels, great locations, small units. Purpose built resorts have lots of amenities and smaller units. The converted condos were originally intended to be whole ownership condominiums and they tend to be large and spacious. Different strokes, different folks.

Occupancies do vary from resort to resort but at Southcape, for example, we run about 25% in January, increasing gradually until June and then in the high 90% range until the middle of October. About 65% in May and 35% in November for example. Most of the off season weeks are used for exchange.

Because of the lack of off season rental activity, a fully sold out resort is critical to a resort's financial health. If off season weeks go delinquent, it's very difficult to rent those weeks to recover the maintenance fee. That's why a good sales program to replace those owners is so important. If you need more details, let me know.

I began with Southcape in 1992 doing a resale program for the owners and the former developers. Over the years, I've owned a number of weeks at Southcape and I never did buy one on Ebay for $1. The developers asked me to leave the resort in 1993 because I was selling too many of their weeks. I continued doing resales from off site but it was simply not as effective.

I began to see the problems developing with the resort back then and I decided to try and buy the remaining inventory so I could sell the weeks and make sure the resort was on the right track. I tried to buy the inventory in 1995, 1998, 2003 and 2005. Each time, the developers changed their mind and kept the inventory and control. Finally, last year they decided to sell for real and that's sort of how I got where I am now.

Funny enough, I've never stayed there but I do plan to stay there sometime this year. I've always loved Southcape Resort. It has everything you would want in a great resort - wonderful units, great location, the right amenities and a "feel" that most resorts don't have. As you've seen, Southcape owners are passionate about their resort and that's a very good thing. Over the next year, I believe that Southcape will become the resort it's always been meant to be and I'm already proud to have a part in making that happen.
 

ecwinch

TUG Member
Joined
Jun 6, 2005
Messages
3,737
Reaction score
1,124
Location
San Antonio
Resorts Owned
Marriott Harbour Point (HP), Kauai Beach Villas, Riverside Suites, WorldMark Pts (WM), Wyndham Pts
I've always loved Southcape Resort. It has everything you would want in a great resort - wonderful units, great location, the right amenities and a "feel" that most resorts don't have.

and by-laws that allow the owners almost no rights. I think you left that out.
 
Top