21 February, 2010
Receivers
26 December, 2009
Mergers
25 December, 2009
Golf
12 October, 2009
Temenos
I would like to see Pam Webster come out with something on this one.
06 October, 2009
Flag Revival
29 September, 2009
Banking
02 September, 2009
Openings
Viceroy’s Soft Opening in August? I suppose we were all left wondering what happened to the much bruited ‘soft opening’ that was supposed to take place in August. That month came and went. No soft or any other kind of opening. I checked their reservations, and they claim to have rooms available from 19 September, but none before that.
Is that a sign of hope, or is it not? What happened to all the guests that booked for August? Have they been relocated, or have they been told to come back later?
Now Kirk Cassels writing for Travel Agent Central reports that the opening is postponed to December.
Someone has come up with an idea for solving the country’s financial crisis. Why not let government organize a “Guess the date Viceroy is opening” lottery. The winner gets half of the takings, and government keeps the other half? Seems like a winner to me.
Related Posts:
28 August, 2009
Flag Revival
The villa owners are taking over? Word is that some of the villa owners at Flag are not waiting on the outcome of their law suits. Nor are they are waiting on the outcome of the negotiations between government and the lenders. Far less are they waiting for the outcome of the recent negotiations between Guish and George and the local government. The word is that they realise that if they do not immediately go into possession of their $12 million villas and stake out their claim, they will be in the equivalent of the
Meanwhile, Guish and George have returned to Anguilla. Are they really back from exile in St Kitts? They claim they are taking over Temenos. I do not know what happened to their big plans in St Kitts. Are they trying to keep a foot in both islands? Or, are they finished with St Kitts? Do you know?
I am told that they want to take over the golf course, the restaurant and ‘some of the villas’. Or, is it that they just want to help ‘finish’ some of the villas? The message is confused. They are said to be backed by one JB of Antil. Who he is, is not entirely clear. Is this just another stop-gap con-job? Or, is it something of substance? Only time will tell.
And, what is in it for the owners of Cap Juluca? Why should Aaron have agreed to take on the $200 thousand per month bill of keeping the golf course watered? There is no advantage for him and his investors that I can see.
Can you?
28 July, 2009
Marketing
I would have thought that the artist’s renditions on the early promotional material would have been preferable to the barren scenes depicted by these photographs. I have just been looking at the latest promotional material produced by Viceroy. The above is the conclusion I came to as a result. The architect’s elevations and drawings in circulation some years ago were quite attractive. By comparison, the real thing as depicted by these latest photographs is about as close a resemblance to
View of the Specialty Restaurant from the water
Shearwater villas
Residences
What seems to be their spanking new website can be seen at Viceroy Anguilla.
Their ownership opportunities page gives you lots of pictures of sea fans and exotic marine life.
But, I can’t find out what I get for my million dollars if I purchase a residence there. Will I be acquiring the
Purchasers, I am told by one who has been in communication with me, are not encouraged to retain their own local lawyer to advise them on what exactly it is they are acquiring. Purchasers are under the impression that they can use the professional services provided by the seller! Can it be that even today there are buyers who are so naïve? I am certain they would not be so innocent in their own home country if they were acquiring a multi-million dollar home. They would have the best lawyer around advising them on their investment.
Some real estate speculators and developers in various parts of the world are selling ownership of imaginary real estate under the name of ‘club residences’ and the like. In
It can’t be that Viceroy would be selling ‘timeshare’ as real estate in
A pretend interest in land can also take the form of an equity interest in a company that holds the title to the real property. In such a scenario, a company owns the title to the real estate, and the individual purchasers actually acquire no more than shares in the company. But, again, this is not an interest in real estate. It is only an interest in personal property, shares in a company. If, for any reason, the company should go under, the shareholders are left with worthless equity. Well-advised investors will only purchase real estate in a country where the law recognizes and protects interests in real property.
On Sunday I sent an email inquiry to Viceroy's Phillip Day, inquiring what real estate interest does the purchaser of an apartment, or residence as they call it, acquire. He replied:
In response to your e-mail, Viceroy Anguilla does not sell "apartments." Viceroy Anguilla is selling one, two and three bedroom condominium residences along with four and five bedroom free-standing villas. As I mentioned before, Viceroy Anguilla does not sell "time-shares" or any other partial type of ownership commonly referred to as "fractional."
. . . At closing, each purchaser receives a title insurance policy from Stewart Title guaranteeing fee simple ownership of the residence free of any liens, encumbrances or other title exceptions, excepting, the following: (i) applicable laws, regulations and ordinances; (ii) the condominium documents that establish and govern Viceroy's condominium homeowners association; (iii) easements, rights-of-way, covenants, restrictions and other encumbrances that affect the condominiums; (iv) all easements, rights-of-way and notes shown on the recorded development plan; (v) easements, claims of easements, not shown by public record (vi) discrepancies or conflicts in boundaries, easements, encroachments, rights-of-way, encroachments or area content that a satisfactory current land title survey would disclose; (vi) possible additional tax assessment by reason of new construction of improvements, not yet due and payable; and (viii) the statutory rights and easements granted to the Seller as Declaring under the condominium documents by the Government of Anguilla, British West Indies.
Every Viceroy Anguilla purchaser is provided with copies of all condominium documents for their examination and approval many months prior to closing. All Viceroy Anguilla purchasers are advised verbally and in writing to consult their own attorney about the purchase.
The Stuart Title referred to is a US title insurance company that usually guarantees title to deeded property held by fee simple ownership. It is useful to have title insurance in the case of deeded property. There is no deeded realty in Anguilla. A person purchasing real estate in Anguilla will expect to get 'absolute title', which is a land title already guaranteed by law.
All real property in Anguilla is registered title under the Registered Land Act. A guarantee by a private company of my absolute title to my property is about as meaningfull as my guaranteeing to you that the sun will rise in the east tomorrow. The laws of the planets and the stars already guarantee that the sun will rise in the east tomorrow. Registered title means that the Act imposes an obligation on the government of Anguilla to guarantee title. Title once registered is guaranteed by law. No private company can give a better or stronger title guarantee that the Act and the Constitution of Anguilla.
Given that there is no fee simple title to land in Anguilla [it was abolished by law in 1974], I have difficulty understanding how Stuart Title will guarantee that that is just what a purchaser will receive. This must be a mistaken understanding by Mr Day about the law of Anguilla. I have previously pointed this out to him, but he does not seem to understand the point.
Do make sure to get your own lawyer to advise you on any purchase of a 'residence'. I am certainly no expert, never having seen any of the contractual or title documents.
26 July, 2009
Flag Luxury
I think I have shown conclusively that I am not knowledgeable enough about the real estate business. So says Robert FX Sillerman of himself. Judging from an article in this weekend's Guardian Newspaper, it appears that he is walking away from the real estate business in both the
Graceland's Heartbreak Hotel swimming pool
According to the author of the Guardian article, journalist James Doran in
"I think I have shown conclusively that I am not knowledgeable enough about the real estate business," he said. "I think I should leave it to other people to pursue."
His decision comes amid a flurry of lawsuits surrounding the construction of a luxury golf resort on the Caribbean
The Swiss banking group Credit Suisse last week filed a lawsuit seeking repayment of more than $21m (£12.8m) in guarantees; another company, Anguilla Equity Partners, is seeking more than $25m in relation to the same project.
Sillerman said he has spent so much of his fortune on the
Court papers filed in
Note that he appears to be walking away from the Anguilla project. There is no suggestion that he hopes to rescue it in due course, as some of us have been half hoping. Nor is there is any hint that he expects that anyone else is going to buy it from him.
It will be up to Credit Suisse to try to recover its lost loan investment in whatever way it can. Other investors and creditors and plaintiffs in the law suits will have to see what they can seize and sell.
As for Mr Sillerman himself, who said he would not walk away from US$200 million? His media and entertainment empire is not suffering from the recession. A 20 May article in USA Today suggests that American Idol is doing fine. On 13 July in a complex corporate restructuring Simon Cowell and Sillerman announced that their partnership will continue into the future after Cowell’s present contract with American Idol comes to an end in 2010. There is no shortage of money in Mr Sillerman’s coffers. Just don’t ask him to spend any more of it on
Mr and Mrs Robert FX Sillerman
When Credit Suisse and the other creditors come calling, it certainly will not be with any intention of protecting the interests of Anguillians. That had been one of Sillermans motives all along. And, look where it got him!