More tabloid drama today:
http://www.thestar.com/business/art...e-distraught-trump-condo-buyer-wants-out?bn=1
By Susan Pigg
Business Reporter
Alice Batista readily admits she was blinded by dollar signs and slick advertising when she dialled up the Trump hotel and condo sales office back in 2006.
The single mother of three became convinced that $50,000 was a small price to pay to get in on the ground floor of what was, at the time, the glitziest new high-rise planned for downtown Toronto — the five-star Trump International Hotel & Tower.
In fact, Batista, 49, became so swept up in the hype, within a few weeks she’d put $165,000 deposits on two units worth $2.4 million.
Only as the Kitchener-area woman signed the legal documents would she find out that one of the suites — a one-bedroom condo with library on the 45th floor — was owned by the director of sales for the project.
Legal documents obtained by the Star show that sales director Adina Zak bought the preconstruction condo for $948,100 in 2006 and flipped it to Batista six months later for $350,000 more.
That $1.3 million flip of an unbuilt unit to a new buyer violates a key condition in sales agreements, imposed on most buyers by developer Talon International Inc.
That condition stipulates that units can’t be sold until completion.
Zak refused to comment when reached by the Star: “We’re on vacation and she’s not taking any calls,” said her husband.
But her boss, Talon chief executive Val Levitan, defends the sale, saying he had a “moral obligation” to let Zak — “and a few other customers” — buy a unit and flip them for their own profit.
“Adina has been with me for 11 years. She is a very dedicated person who I wanted to do a favour for . . . Sometimes you make an exception. The world is not black and white.”
Batista’s story is more than just a cautionary tale. It provides a rare glimpse into a high-profile luxe project, led by rookie developer and Russian billionaire Alex Shnaider, that is slated to open Jan. 31 and has perplexed many condo developers from the start.
Many of the Trump units are hotel rooms with kitchenettes, designed for investors who will never live in them.
Recently, the Star revealed that some buyers have been trying to get out of costly deals, citing two-year delays in the 60-storey project, fallout from the recession or concerns the pricey condos are no longer wise investments.
Talon insists just “a handful” of purchasers are suffering buyers’ remorse, saying that isn’t uncommon.
One U.S. buyer, citing delays and “financial difficulties,” has already won the right from Ontario’s appeal court to renege on his $709,000 condo/hotel suite and get back his $212,700 deposit.
Another buyer is considering legal action. Some, like Batista, have struggled to meet deposit schedules and say they were under the impression they could sell off units before the building opens and have no intention, or ability, to make final payments.
A U.K. couple has walked away from their $265,000 deposit after they bought from a third-party company, Worldwide Property Portfolio, which was assigned four floors from Talon at a discount and flipped them to overseas investors at significant markups.
Realtors and condo developers who thought the Trump units were far too high priced and its hotel/condo units too novel for the Toronto market are now just shaking their heads. And Batista is kicking herself for getting so caught up in the condo craze and Trump name.
“I don’t belong in Trump tower,” says the woman who has bought, renovated and rented out several homes, but never condos. “I thought I’d be able to get a Trump tower suite for less than everybody else. I didn’t think I’d get rich. I just thought I’d make a little money and maybe have a place to retire someday.”
Instead, Batista has found herself in a precarious situation with $420,000 committed to the Trump tower, so far. She had planned to “assign” (sell at a profit before closing) the smaller hotel/condo unit to help pay off the bigger one-bedroom before final payments of $1.98 million are due in January.
Batista never imagined that would be an issue since she bought an assignment from Zak. She’s since found out the developer forbids such selloffs. Despite that, she’s listed the unit with a realtor — as have other Trump buyers — knowing Talon could veto any sale.
Getting rid of the units can be tough, partly because banks are skeptical that hotel/condo suites are sound investments. (Such units account for 118 of the 261 Trump suites; the rest are more conventional condos.)
The hotel rooms are considered commercial properties, making them costlier to keep and riskier for making money.
Complicating things has been the Bay and Adelaide site itself. It’s crammed so tightly between commercial high-rises, crews lost almost five months just to high winds, which made hoisting materials risky to neighbouring offices.
“I can’t close on those units. A lot has changed in four years,” Batista says of the recession and global economic instability that has impacted her income since her 2007 purchases.
“That $420,000 (in deposits) is everything to me. It’s the difference between being ahead of the 8-ball or being behind it.”
Batista had a lawyer review both offers first. Most condo buyers don’t. No one seemed to notice that floor plans lacked square footages or even room measurements.
It was only in November, when Batista listed the hotel/condo suite with a realtor, that the agent discovered it was just 856 square feet, not the 1,000 square feet Batista says she bought in 2007.
Back then, when Batista noticed Zak’s name on the assignment agreement, she says she challenged her.
“I asked, ‘What is going on? How do I know I got the best deal when it’s your suite?’ ” she says.
“(Zak) said all the other units left were more expensive. That I’d make a lot of money. I went ahead anyway, even though I was a little leery of the whole thing.”
Even savvy investors appear to be having issues.
A U.K. multimillionaire, who refused to be named but gave his lawyer permission to speak, is in “a Mexican standoff” with Talon, whose CEO has vowed “we have absolutely no intention of giving money back.”
He and his wife walked away from $265,788 so far — $125,000 of which was paid to Worldwide Properties Portfolio, their lawyer, Graham Hunter, said.
“There were a lot of things said that were in conflict,” said Hunter in a telephone interview from Newcastle upon Tyne. “He (the purchaser) recognizes that essentially he made a bad investment decision and he’s written it off.”
The couple still owes $690,000.
Worldwide changed its name in 2007 to Resort Group PLC. Its “honorary chairman” is Rob Jarrett, a multimillionaire who orchestrated the sale of Trump Toronto units, largely to British and Irish investors.
The Star was unable to reach Jarrett, despite repeated attempts.
Levitan refuses to discuss Talon’s deal with Worldwide, other than to say Worldwide approached Talon and bought units at a discount.
In a recent interview with the Star, Shnaider, the Russian steel magnate and Talon chairman, insisted it’s up to investors to do their due diligence before signing binding legal documents.
“They aren’t buying cupcakes,” Shnaider said.
“We want to have happy customers, as any developer would like to have,” he added.
“But, in every single project, there are going to be people who bought for their own reasons and their financial situation changes . . . Everybody has their own reasons (for reconsidering), but we don’t feel there is a problem.”
spigg@thestar.ca
416-869-4861