Public Mediation

T.E. vs. Bonita Springs Associates I, Lllp

T. E. vs. Bonita Springs Associates I, Lllp
38382 Turin Court, Bonita Springs, Florida, 34135, United States
Amount Involved: $40,000.00
Complaint(s): Bad business practices
    • Claimant Seeks: View.
    • Claim #: 9448263
    • Amount Involved: 40,000.00
    • Filed On: Aug 04, 2020
    • Posted On: Aug 15, 2020
    • Complaint(s):
      • Bad business practices
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Statement of Claim
Complaint Involved (1) - View
Claimant says:
"This company is selling homes at Valencia Bonita and advertising the homes as GL Homes.
We are familiar with Saturnina Lakes by GL Homes and were impressed with that community so we assumed that Valencia Bonita would also be a community we would like. However the seller is not GL Homes it is Bonita Springs Associates and we are not familiar with this company's work on communities.
We did not discover this false advertising until after we signed a contract and deposited $40,000 for a home on lot #803. We signed this contract before the pandemic started and would never have signed or given a deposit if we knew the problems the pandemic would cause us.
We planned to sell our two houses to pay cash for the Valencia Bonita York Villa. Unfortunately, due to a series of events, we could not sell our houses. First I lost my job due to the pandemic., then one of our houses was damaged in a storm, then my wife developed a raspatory infection which was thought to be Covid-19 virus, she tested negative for the virus but still had the infection, Marketing the houses under the pandemic became problematic and we became very stressed and anxious that we would not sell our houses for the budgeted amounts and on time for closing. I suffer from an anxiety disorder which erupted into severe attacks which were very disabling. In addition, the seller wanted another deposit of about $39,000 for options that we selected. This would make our total deposits $79,000! We had discussed this earlier with the sales agent and she advised us that we should not worry about the deposits since the seller would not keep them if we had problems with closing on the new home,
At this point we decided not to make another deposit since the contract indicated that the seller would keep the deposits if we defaulted. We asked for our $40,000 back and were told that we could not have it back.
The seller has found us in default for not submitting a payment for the options of $39,000 and they refuse to return our deposit of $40,000 even though they have not done anything toward building a villa on lot #803. The didn't even pull a permit for the work. They have an income of $40,000 for doing nothing. I understand that it's the law but I did
not receive any services or products for the first time in my life for $40,000!
We were ripped off and I don't even know who has my money; GL Homes or Bonita Springs Associates I, LLLP? I don't think Bonita Springs Associates has ever build a home ever?"
...
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Additional Communication Between Claimant and Bonita Springs Associates I, Lllp Hide
  • Aug 14, 2020, Claiming party added:

  • The response does not resolve the complaint. It does not even identify the respondent. Bonita Springs Associates does not build houses and we were informed that they would not keep our deposit before we signed the contract.

What Claimant Wants Hide
1. Refund: 1 Aug 19, 2020 $40,000.00
2. Other – Copy claim to regulators Aug 19, 2020 $14.99
3. Other – Pay for claim posting cost Aug 19, 2020 $14.99
4. Other – Physical delivery charges Aug 19, 2020 $4.99
Cash total : $40,034.97
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Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:

  • "We attempted to amicably resolve Mr. Estberg's claims directly with him and will therefore not be addressing such claims in this forum. In addition, we disagree with all of the claims and allegations set forth in the claim background. Unfortunately, Mr. Estberg simply failed to perform his obligations under the purchase contract. We stand by our business practices and attempts to reasonably resolve this with Mr. Estberg."

This claim will remain posted until resolved.

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Do you agree with the respondent’s Response?  (If you are a party to this claim, click here.)
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  • Contributed Solution: by George Maxwell On 08-28-2020
    View more
    Reputable companies have re-written force majeure clauses to include pandemics. Is Bonita Springs/GL Homes not a reputable company? More...
If you are a party to this claim, click here.
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