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Fantasea Flagship Resorts, Equiant, or Flagship Resort Development Company Misrepresentation of Facts & Contract terms and Fraud in Advertising. Atlantic City New Jersey
Without seeming redundant to all of the other reports I have read about Flagship Resorts, I would say that everything they have said is absolutely true. Our event happened in May 2016. We went through the pitch which took forever, saw the same tour etc., got the special discount pricing and were basically worn down. Every time we attempted to leave they would give us a better offer. We elected to go forward with caveats. We put the 10% down under the provision that we would pay the balance in cash within 30 days or so. We absolutely indicated we would never borrow money on a mortgage at 20%. We even had the Direct Withdrawal authorization and the Credit Card automatic monthly charge authorization pages X'd out and noted refusal on them and signed them.
We were told at the time that a right of rescission was 30 days which I thought would give us enough time to do our due diligence and we were advise no problem. We contacted them by phone, which was a challenge, and advised them we were not going to produce the remaining 90% of the deal and wanted all of our funds returned, save the $589 closing cost, (on our credit card) to be fair if they had some unrecoverable expenses. The woman, Ms. Kraly indicated we were close to the end of the 30 day Right of Rescission period but she would move forward as soon as I put the request in writing which we did that same day, requesting a return of the 10% Down Payment and advising them the deal/contract was cancelled.
Next step was I received a call a couple days later from the VP of Client Relations, Howard Alter. I indicated to him that we had some personal changes in our life, which we did, and this was something that we had to reverse as it was not the prudent thing for us to do based on our change of circumstances. After telling us that he had 20 years of being in this business and there was no way they would honor our request, I advised him that there was no way we would be paying the balance of the 90% and if they did not receive the funds there was no contract and the deal was never consummated.
I also told him that the free giveaways were not free and that constituted fraud. I tried to keep things professional but he tried to come down heavy on me like I was a novice and they were the market leader and had all the clout etc.
After the phone conversation, we again wrote a certified letter conforming what was said and reiterating our stance and requesting a refund or we would move to action with the appropriate government agencies and consumer reporting groups such as RIPOFF Report.
A couple days later, Mr. Alter sent an email to my wife indicating that we were not allowed out of the deal. My email response and his email are included below. He keeps denying us on the right of rescission issue and I pointed out that it is much more than that. We have no intention of completing this transaction and have turned over our issue to our lawyer. I hope this helps other folks from being taken by this fraudulent company.
FantaSea Resorts email response to 2nd certified letter-
"From: Howard Alter <howarda@60north.net>
Date: 07/14/2016 6:25 PM (GMT-05:00)
To: Jack
Subject: YOUR LETTER OF JULY 3RD 2016
DEAR MR. XXX:
I am in receipt of your letter dated July 3, 2016. I have read it and made a copy for our file. You are again making a point that the rescission period is 30 days. I am suggesting that you re-read the papers you signed when you were here on May 26, 2016. You will see that the rescission period is 7 days.
After the 7 day right of rescission is over, your sale is consummated and your Deed is on its way to be recorded in the County Office. At the same time that you signed all of your papers at the closing, you also signed the Deed and the Mortgage and the Mortgage Note. All of the documents were witnessed and notarized.
Please be clear that we cannot honor your request.
Howard Alter
Vice President of Owner Relations
FantaSea Resorts
Atlantic City
609-347-3524 Ext. 8150"
" My Email Response back to him-
-------- Original message --------
From: jack
Date: 7/14/16 9:01 PM (GMT-05:00)
To: howarda@60north.net
Subject: Fwd: YOUR LETTER OF JULY 3RD 2016
Mr. Alter,
The right of rescission is not the only issue I made clear in both letters. We not only made it obvious that we were told on May 26th but again on June 27th that we were within our right of rescission so that is not in debate.
Because of serious personal issues we decided not to pursue consummating the contract with a final payment of $9,720in a lump sum payment. There never was any intention of initiating a mortgage as the Salesperson, the, Sales Manager, and the Administration agent agreed . This was, all made clear in the phone call with Ms. Kraly, yourself and in both my letters.
The deal was only going to be consummated when we paid the $9,720 on or before July 5th. Verbal contracts are valid as well Mr. Alter. Time you honored what your employees said to us.
We made our intentions very clear that we will not close this sale no matter how much you threaten us. We expect a full return of all monies we lent you as a deposit on a potential sale with a closure date of July 5th, 2016.
We will file all of the complaints as we stated , we exercised the dispute process with our credit card company and we will be turning over this matter to our lawyer.
We had hoped to settle this matter in a professional manner but your failure to understand the situation from our perspective is disappointing. If your company acts like this from a rational request, I am very happy we will never be your clients much less an owner of such a shylock operation.
Jack