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Westin St John (WSJ) - eBay Purchase

DavidnRobin

TUG Member
Joined
Dec 20, 2005
Messages
11,979
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Location
San Francisco Bay Area
Resorts Owned
WKORV OFD (Maui)
WPORV (Kauai)
WSJ-VGV (St. John)
WKV (Scottsdale)
As promised, I thought I would update my TS purchase of WSJ from eBay that was sold through GoVacations (Matt Tarpey) - Donate for a Cause - Resort Closings, Inc. (James Tarpey)

We wanted to add a week at a SVN mandatory resort to our recent WKORV OF unit purchase - that had excellent value both as an exchange and in case we need to rent - at a good price (of course). Even though we live in far away CA - we have been to the US and British VI - and it offers the things we love - sunshine, warm water, relaxing atmosphere, pristine beaches - and the amenites of a 1st class resort.

We 'won' this eBay auction on Feb 1 - 2Bd/3Ba Townhouse (~1200sqft, ~$1200 MF, 67.1K SOs) for Week 24 - Unit #3410 for $18.6K We put in a max bid about an hour before the end of the auction and it hit right at the end.

WSJ units are fixed and the weeks are semi-float within their season. Meaning: that WSJ owners can reserve at the 10-12 months point and get their week and unit. At 8-10 months, WSJ owners can look for another week within their season, and at the 8 month point it becomes like the other mandatory SVN resorts. As WSJ can be difficult to exchange into - we wanted to purchase WSJ directly.

Also, we wanted only the early part of the season (Weeks 21-26) as it still safe from Hurricanes (no Hurricanes in the USVI in June in recorded history), and with school out and honeymoon season - this would add to it's rental value. Plus, while hot/humid (year round) there is still a breeze in June to take the edge off. When there is no breeze in the later months of the season - it can seem a lot hotter.

Also - based on Tuggers info - we wanted a unit in Buildings 33 or 34, as they are farther up the hill - and have better views of Great Cruz Bay.

So - bottom line -this eBay auction worked for us.

Since this auction was on eBay - I wanted to make sure I performed due diligence on GoVacations and Resort Closings Inc. since they seem to linked (must use RC as the closing company) - to my dismay since I would prefer as a buyer to choose my own closing company. Never-the-less - I proceeded forward with caution.

First - I made sure the purchase contract contained language about ROFR, the actual deeded unit and week, that prior taxes and MFs were paid, and I only initially sent RC a deposit until I received a copy of the Estoppel letter from SVO stating this and the sellers were the owners of record.

In my research, I discovered that James Tarpey Esq. who is the owner of RC and is listed as 'legal counsel - was obviously a relative of the eBay broker - Matt Tarpey - who is associated with GoVacations and Donate for a Cause. I was not happy about this because it seems to smack of potential collusion. In my research I found out - again to my dismay - that James Tarpey is not a member of the Montana State Bar Asscociation. As it is unlawful to practice law in Montana without being a Bar member - this made me worried and I almost cancelled this TS contract for this very reason as I was worried this was a scam.

It turned out not to be - so I never followed through on reporting James to the Montana State Bar eventhough they wanted me to. They cannot persue without first someone 'officially' reporting it to them. However, if I were James - I would be careful here since all it takes is just one person reporting him.

I found Resort Closings (Kristy) to be very professional and kept me up-to-date on the progress of the deed transfer. I opted for Title Insurance for an additional $225 because of my worries about James and the fact that this TS unit was in the USVI. I insisted on using First American - however, Stewart ended up being used (not RC's fault). Overall, the cost for using RC is a few hundred dollars too high, and I did not like to be forced to use them, but all worked out in the end. It took about 2 months from begining to getting the transferred deed, but this was mainly the fault of the Recorders Office in St Thomas - things work on their own time in the Carribean.

We are looking to add an adjacent week (to week 24) at WSJ - so if any one knows of one - let me know.

and that's the story... let me know if you have questions/comments.:zzz:
 
Thanks - it turns out that WSJ owners can reserve at 16 months out since I just reserved week 24 for 2007 today.
 
Hi- I also just purchased through the same process: Ebay w/GoVacations and Resort Closings... I also received very timely and professional service...and I rec'd a terrific price of less than $700 for Laguna Shores...So, I am very happy as well.:)
 
Did you have to pay $450+ for RC to do the closing for a $700 TS?
 
Yes- I did have to pay the $450 closing fee, however- the few and far between similar units in Laguna Beach were going for over $2,500, so I was was happy to part w/the $450, I was looking for quite a while..:)
 
Hi,

Just a minor point, if one is a lawyer admitted to the bar in ANY state, one can perform legal services for one's employer (in this case Resort Closings). One cannot however provide legal advice directly to a client on their particular legal situation. One is also allowed to supervise and give legal direction to employees/coworkers on work they are doing for the employer. Basically this is called being an inhouse counsel.

What's important is having a lawyer on board at the closing company in general. Most do but some do not and that can endanger the clients. Those who do not tend not to offer escrow services is one indication.

You can google this and read the text of state laws and regulations which show this.

This is the same concept that permits the "storefront" do it yourself legal forms places to operate even in the strictest states like NJ and NY.
 
Thanks for the update - the Montana State Bar stated to me (by email) that in order to represent yourself as Legal Counsel for a business within Montana - you must be registered with the Montana State Bar (he is not) - and in order for them to follow-thru a complaint needs to be made. Since it all went smoothly - I did not.

Actually - I checked - James Tarpey is not registered as a Bar member in any state - but this was only thru Martindale.

btw, I am a scientist by profession - so I found this by doing a little research - another Tugger who is a law professor at Georgetown (and WSJ owner) gave me guidance on this.
 
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