Waterside By Spinnaker / fraudulent sales practice
Spinnaker purposely used deception and fraudulent misrepresentation in getting us to sign a contract and sign over to them a unit that we had paid $8900 for by telling us one time and writing something entirely different. The salesman, Clarke Tefft, told us we were getting a resale unit since that was the only thing I said I would buy since I knew we could get it for about half the price of buying a unit upfront from them. He promised that if we listed our 1-bedroom unit with Resort Brokerage for $199 that it would sell within a couple months, getting enough money to pay off this resale 2-bedroom unit. Since he continued to promise that this would happen, we listened to him and agreed.
After paying 3 payments, hearing nothing, not being able to get in contact w/Clarke with the number he gave us, we wrote to Spinnaker, returning the payment book since we were not going to waste any more money because of what we were promised was not taking place. They ignored this, turning this over to their collection agency and continuing to bill us for the maintenance fees for this unit we never used.
On April 1, 2007, we received a letter from Spinnaker canceling our reservations that we had for the 1-bedroom unit that we had paid for in 2001 because we had not paid for this other unit nor the fees. There were separate owner numbers for each unit. In contacting the reservation department, Wm. Young and John W., we learned that there was much more deception than just promising the 1-bedroom unit would sell to pay off the two-bedroom unit.
Rather than this second unit being a resale as we were told, they charged us $19, 842, the upfront cost, using $8900 equity of our 1-bedroom unit. Both these units were only for every other year. We were told that we could get this resale unit for $11, 342. There is no way we would have paid $19, 842, if we were aware of it, for a unit that could be used only every other year.. I asked how could they do this when we had the recorded deed for this unit. That's when they said we signed a Quit Release Deed giving the unit to them, although at the time of talking w/Mr. Young, he could not locate it, nor were we given a copy when we were given our paperwork at the time of signing this contract. Later after talking w/John W., we were sent a copy of this deed along with a Purchase Proposal that we had not been given a copy of.
The only way that they got our signatures on this deed was Clarke telling us that our fixed unit along with all others were being changed to floating units and we would need to sign, making this change. We had no idea that we were signing our unit over to them.
We have tried to work with them, writing them on 5/1/09 telling them the difference in what we were told and what was actually written. We also told them that the contract signed in September, 2007, because of these fradulent conditions, needed to be voided and the necessary paperwork to be done to return our paid unit to us and our reservations reinstated as maintenance fees for this year had just been paid. We also wanted the report against our excellent credit to be retracted. Spinnaker just continues to ignore what we tell them actually occurred.
It is most unfortunate that these types of sales practices are used in order to take advantage of others and deceive people out of what they own. Researching other complaints that have been filed against them shows that apparently the salesmen are trained in these practices. We would like to do what we can to keep this from happening to other people.