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Ali Weir
New Member
Thanks angel I will contact both the us attorney named and the one from bristol and have a chat to see which way to go next. Ali
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richard8553
New Member
Today we have just heard that oakmont buyers are being told to buy regal oaks plots or lose your deposits.* As Tousa has just filed for bancruptcy.* Can anybody advise if they have any more pertinent news
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angel888
New Member
Hi
Hi Richard,
Superior are wrong to say that to you. The only way you will get money back is if you take legal action.
Hi Richard,
Superior are wrong to say that to you. The only way you will get money back is if you take legal action.
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sheilat
New Member
Hi All,
Have just joined the forum in the hope of making contact with others who have had the misfortune to buy at Oakmont. We bought back in 2004, paid 10% deposit and have had nothing but problems ever since. Today we received the final nail the coffin newsletter from Superior basically saying we were unlikely to get our deposit back and encouraging us to buy at Regal Oaks instead (as if)!
A few thoughts:
I think its useful that we should all stick together but not as Superior and its lawyers suggest i.e. bailing out their Regal Oaks development.
Although some of us have recent contracts with Tousa, we orginally paid 10% to Superior House Investments. The contract did not allow the purchaser to choose to waive the option of an escrow account, since this option had already been selected by Superior in the contract documents contrary to State Law section 501.1375, Florida.
In their latest email Superior Investment state they are not bankrupt i.e. they have funds.
Finally the development site is owned by Superior (paid for with our deposits) not by Tousa. Could it not be resold?
Regards,
Graeme and Sheila
Have just joined the forum in the hope of making contact with others who have had the misfortune to buy at Oakmont. We bought back in 2004, paid 10% deposit and have had nothing but problems ever since. Today we received the final nail the coffin newsletter from Superior basically saying we were unlikely to get our deposit back and encouraging us to buy at Regal Oaks instead (as if)!
A few thoughts:
I think its useful that we should all stick together but not as Superior and its lawyers suggest i.e. bailing out their Regal Oaks development.
Although some of us have recent contracts with Tousa, we orginally paid 10% to Superior House Investments. The contract did not allow the purchaser to choose to waive the option of an escrow account, since this option had already been selected by Superior in the contract documents contrary to State Law section 501.1375, Florida.
In their latest email Superior Investment state they are not bankrupt i.e. they have funds.
Finally the development site is owned by Superior (paid for with our deposits) not by Tousa. Could it not be resold?
Regards,
Graeme and Sheila
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lostforwords
New Member
I hope that nobody is under the impression that Superior own the land at Oakmont.
They do own a small part which will be the clubhouse etc. but this can be bought back by the developer at any time now that the agreement between Tousa and Superior has failed.
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Whitesaidfred
New Member
Hi All, a sorry state of affairs with superior. I signed for a house at regal oaks in 2005 but have been told that I have to transfer my deposit to another house that has already been built.
As I see it we have 2 options 1) try to get the deposit back via the courts. 2) Switch it to a house we didn’t want in the 1st place.
Pros for option 1 are that if it comes off we get our deposit back. Cons are that it will be costly to go via a lawyer even if we club together. It will take a long time, a year to get to court and then one or two more to get the cash id there is any left.
Pros for option 2 are, if it comes off we end up with a house albeit not one we wanted. In the long term we may even make a profit. The location for rental potential is good near old town. Cons Not what we wanted, may not come off and do we trust superior.
Difficult decisions to be made
As I see it we have 2 options 1) try to get the deposit back via the courts. 2) Switch it to a house we didn’t want in the 1st place.
Pros for option 1 are that if it comes off we get our deposit back. Cons are that it will be costly to go via a lawyer even if we club together. It will take a long time, a year to get to court and then one or two more to get the cash id there is any left.
Pros for option 2 are, if it comes off we end up with a house albeit not one we wanted. In the long term we may even make a profit. The location for rental potential is good near old town. Cons Not what we wanted, may not come off and do we trust superior.
Difficult decisions to be made
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ADW
New Member
Hi we are also in the same position and would like to join forces with other Oakmont purchasers.
I am also new to this forum and not really sure how it works but found it because we need to do something and it would make sense to join forces with other people
Kind regards
Alison and Derek
CathK
New Member
Oakmont 'buyer'
Hi
I have only just found this forum and I'm sick with worry and stress.
My husband and I live in the UK
We have so far made two payments towards our Oakmont property (apprx $58000)
I'm absolutely heart-broken to get the latest email from Superior - we are not far off retirement and this was to be our hoilday home where we could spend a couple of months each year
I have tried to read through some of the posts on this forum but I'm very new to this sort of thing and a bit confused
I get the impression we can either try to fight them in the UK or the US
Does anyone know which is likely to have the best outcome
Also cost is an issue - is there any difference in cost?
I saw someone mentioned a firm in Bristol but now can't find it again
Can anyone give me a name / phone number / email
Many thanks
CK
Hi
I have only just found this forum and I'm sick with worry and stress.
My husband and I live in the UK
We have so far made two payments towards our Oakmont property (apprx $58000)
I'm absolutely heart-broken to get the latest email from Superior - we are not far off retirement and this was to be our hoilday home where we could spend a couple of months each year
I have tried to read through some of the posts on this forum but I'm very new to this sort of thing and a bit confused
I get the impression we can either try to fight them in the UK or the US
Does anyone know which is likely to have the best outcome
Also cost is an issue - is there any difference in cost?
I saw someone mentioned a firm in Bristol but now can't find it again
Can anyone give me a name / phone number / email
Many thanks
CK
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TARRANT
New Member
Hi
I am sorry you are in the same situation as all the people that have paid deposits on Oakmont which could be a few hundred of which I am one.
What this company has done is indefensible and they should not be allowed to get away with it.
I have found some people who like myself decided to try and resolve the problem legally by appointing an attorney to act on our behalf. Currently we have a group of approx 35 plaintiffs (although there are at least another 30 out there) who have launched a legal action against these people..
Please consider contacting our attorney who is Mike J Pugh of Walters- Levine Klingensmith & Thompson, 1800 Second Street, Suite 808, Sarasota , FL 34236
TEL 001 941 364 8787.
Sorry I can't give you the URL because I haven't submitted enough posts yet on this forum.You can also look on the forum URL top-Forums under Oakmont for additinal information.
He may be able to get you into a group like ours and launch a legal challenge together and keep the costs down to the minimum. He is the best person I know to legally deal with the situation and has a mountain of evidence from our group so far. If you get stuck please feel welcome to contact me on u.k. 01637 872288.
I am sorry you are in the same situation as all the people that have paid deposits on Oakmont which could be a few hundred of which I am one.
What this company has done is indefensible and they should not be allowed to get away with it.
I have found some people who like myself decided to try and resolve the problem legally by appointing an attorney to act on our behalf. Currently we have a group of approx 35 plaintiffs (although there are at least another 30 out there) who have launched a legal action against these people..
Please consider contacting our attorney who is Mike J Pugh of Walters- Levine Klingensmith & Thompson, 1800 Second Street, Suite 808, Sarasota , FL 34236
TEL 001 941 364 8787.
Sorry I can't give you the URL because I haven't submitted enough posts yet on this forum.You can also look on the forum URL top-Forums under Oakmont for additinal information.
He may be able to get you into a group like ours and launch a legal challenge together and keep the costs down to the minimum. He is the best person I know to legally deal with the situation and has a mountain of evidence from our group so far. If you get stuck please feel welcome to contact me on u.k. 01637 872288.
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Ali Weir
New Member
I have spoken to Kevin Burke at Bennets solicitors in Bristol, their details are in an earlier posting on this site. it is interesting to talk to him as he is awaiting the outcome of a court case in florida at the moment, in relation to somebody in the same predicament from oakmont. He seemed to think that bankrupcy would be the last thing that superior would want to enter into, obviously his knowledge of american law is extensive so it may be worth having a chat with him. I am awaiting further details from him, but if there is a chance of getting anything back I think it is worth a go.
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sward1107
New Member
Superior Regal Oaks
Having read posts here I contacted Kevin Burke of
Bennetts Solicitors, Attorneys & Notaries
High Street
Wrington
Bristol
BS40 5QB
for a modest cost in the scheme of things we are now sueing Superior for the return of our deposit. There are loads of claims in the Florida Courts ongoing - and we are told that some successful claimants are getting their deposits back with interest and legal costs
Having read posts here I contacted Kevin Burke of
Bennetts Solicitors, Attorneys & Notaries
High Street
Wrington
Bristol
BS40 5QB
for a modest cost in the scheme of things we are now sueing Superior for the return of our deposit. There are loads of claims in the Florida Courts ongoing - and we are told that some successful claimants are getting their deposits back with interest and legal costs
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TARRANT
New Member
Thanks for putting this up on post. People can consider using this attorney if they need an alternative to Mike Pugh or want to act from U.K. I will let other people know about this firm on the other forums.
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sward1107
New Member
Regal Oaks - legal action underway
my case is now with the orange county court
if you look at the clerk of court web site there are dozens of cases against Superior.
not sure that I am permitted to give the URL - but if you google "clerk orange county court" it is the first on the list. Go to the civil case search page and just enter Superior.
The older ones have in some instances had judgements against Superior recorded - but the case then seems to get re opened. Not sure of what is going on there but will be asking my lawyer
my case is now with the orange county court
if you look at the clerk of court web site there are dozens of cases against Superior.
not sure that I am permitted to give the URL - but if you google "clerk orange county court" it is the first on the list. Go to the civil case search page and just enter Superior.
The older ones have in some instances had judgements against Superior recorded - but the case then seems to get re opened. Not sure of what is going on there but will be asking my lawyer
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serenelise1
New Member
Superior development - Bellarotja, Spain
Hi, has anyone bought off plan on Bellarotja, nr. Denia, Spain? It appears our friends at Superior have been up to old tricks in Spain as well as USA and Morrocco!! Would appreciate any info from any other unhappy buyers.
Regards
Billy
Hi, has anyone bought off plan on Bellarotja, nr. Denia, Spain? It appears our friends at Superior have been up to old tricks in Spain as well as USA and Morrocco!! Would appreciate any info from any other unhappy buyers.
Regards
Billy
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Elite
New Member
As the developers of Bellarotja, Martinsa Fadesa, went into administration earlier this year you should have received a letter a couple of months ago from them giving instructions/advice on registering your interests as a creditor. More information can be found here
Court extends Martinsa-Fadesa creditor claims deadline to 25 October | Spanish Property Buff
Superior and your appointed lawyer should be able to assist you further.
Court extends Martinsa-Fadesa creditor claims deadline to 25 October | Spanish Property Buff
Superior and your appointed lawyer should be able to assist you further.
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serenelise1
New Member
serenelise1
hi elite overseas properties
thank you for your reply, however it seems our friends at Fadesa do not recognise people who have bought via Superior! Apparently Superior purchased 2 blocks of apartments for resale, however they returned 1 block back to Fadesa and sold we believe 7 to 10 apartments in the remaining block (ours being one of them). We have spoken to Fadesa (prior to them going bust) but they will not communicate with us as in their eyes we are not the legal owners - it's Superior.
Now Superior are in administration apparently the contracts we signed are now held by Superior Worldwide S.L. which appears to be their Spanish division, however we believe this is not in administration, but the "North" brothers or their spanish division are not keen to discuss this matter with ourselves. So if anyone has any idea of where we go from here we would love to hear from you or them.
Regards
Billy.
hi elite overseas properties
thank you for your reply, however it seems our friends at Fadesa do not recognise people who have bought via Superior! Apparently Superior purchased 2 blocks of apartments for resale, however they returned 1 block back to Fadesa and sold we believe 7 to 10 apartments in the remaining block (ours being one of them). We have spoken to Fadesa (prior to them going bust) but they will not communicate with us as in their eyes we are not the legal owners - it's Superior.
Now Superior are in administration apparently the contracts we signed are now held by Superior Worldwide S.L. which appears to be their Spanish division, however we believe this is not in administration, but the "North" brothers or their spanish division are not keen to discuss this matter with ourselves. So if anyone has any idea of where we go from here we would love to hear from you or them.
Regards
Billy.
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