Developer cries ‘foul’ as Harbor Lights sale fails
By KATHY FERGUSON
Article published on Wednesday, Nov. 30, 2005  |
SEMINOLE – With the intent “to set the record straight,” John Loder and Sun Vista, the potential buyers for the Harbor Lights Mobile Home Park and Bay Pines Marina, say they filed a counter-lawsuit against the properties’ sellers, East Madeira Corporation and the Travis family.
The sellers filed the original lawsuit after the Friday, Nov. 4, closing fell through with Sun Vista. Travis’ attorneys recorded a civil suit for a breach of contract and a single count of misrepresentation.
Mark Howard, an attorney for the Solomon Tropp Law Group representing Sun Vista, said the closing did not take place because the sellers “were unable to discharge their obligations under the purchase and sale contract.” He issued a press release last week outlining his client’s position.
Sun Vista contends that, although the sellers do own the park, the Travis Corporation does not own the marina as stated in the contract. The marina was in the contract at a sale price of $15 million.
“The fact is that the Travis Corporation is a defunct corporation and has been for over 40 years and owns none of the property it was obligated to convey to Sun Vista,” Howard wrote.
In addition, the claim contends that lawsuits are threatened by not only the Harbor Lights Mobile Home Association but by individual mobile home owners, as well. Sun Vista representatives only learned about the impending claims days before the closing was scheduled, the release stated.
“A significant defect in the chain of title” on one parcel of land is another reason Sun Vista said it wouldn’t go forward with the $63 million deal. The parcel, formerly owned by a now deceased tenant, was not conveyed through probate appropriately, Sun Vista believes.
Along with the counterclaim, Sun Vista also filed a Motion to Dismiss which, Howard said, “raises numerous deficiencies in the seller’s complaint.” Sun Vista wants to move quickly through the case’s discovery process and to trial as quickly as possible.
In essence, the buyers want the court to force the Travis family to go through with the sale or return their deposit.
“Sun Vista’s goals are to compel the sellers to proceed with the transaction, provided the title defects and other defaults can be cured, or to obtain the return of Sun Vista’s $3 million earnest money deposit, which the sellers have refused to return,” Howard’s press release stated.
“Sun Vista was ready, willing and able to proceed with the transaction and would have done so but for the various defaults and breaches by the sellers,” Howard said.
However, David Bacon, the attorney for the East Madeira and Travis family, flatly denies any of Sun Vista’s claims. The attorney is preparing communication that, he said, would “make clear the facts” and include copies of letters exchanged.
“I can say with 100 percent certainty that the Travis family owns both properties,” said Bacon. He did note that the names of the family corporation changed slightly over the years.
Bacon said that communication from the Harbor Lights Mobile Home Park Association and its attorney proved that no lawsuits are in the works. He also noted that Sun Vista had 30 days in May to perform “due diligence” on the properties’ title. That review, Bacon said, fully showed the mobile home park and marina belong to the Travis family.
“We were fully prepared to convey the title. We believe the contract ended when the closing did not go through,” said Bacon. “They have no contractual rights.”
Caught in the middle are the residents at Harbor Lights Mobile Home Park. At the Seminole City Council meetings, many residents still pack the chambers in a show of solidarity for mobile home owners.
Across Pinellas County, mobile home residents are banning together in a recently formed organization, FAIR, or Florida Against Injustice to Residents of mobile or manufactured homes.
“We believe what’s going on is in violation of our constitutional property rights,” said Jenny Cocciardi, an activist in the organization and resident of the Golden Lantern Mobile Home Park.
|
Article published on Wednesday, Nov. 30, 2005
Copyright © Tampa Bay Newspapers: All rights reserved. |
