Back, On or about December 2013, I first signed a contract agreement, a purchase agreement, a lease agreement and a mangement agreement with North Dakota Developments LLC thru its solicitor regional center located in UK. (NDD AND UPI, both in UK)
I booked a suite with a 2900 USD non refundable booking fee *
The purchase investment was for a single unit in a workforce housing camp named Great American Lodge GAL 3, with a leasehold of 40 years with the promising R.O.I of up to 42%.The promised date for completion and opening was JAN 2014. They had pushed back the dates periodically to , April, May, etc, etc. By this time I had released a first stage for 21.582,5 USD including legal costs for 2350 USD for closing, into an Escrow account with the law firm Durick and Pearce (Jonathan Sanstead is the designated attorney-AGENT).
After seeing their delays which they blamed the weather (misconduct: because a sale and construction in ND shoud have been anticipated its contruction to set a date). The fact was that it was just a selling pitch to obtain the funds, in order to continue to fund existent GAL 1 and 2. (GAL 1 opened Nov. 2014, 1 year later of its promised date, same as GAL 2, later).
Although this was evident, former employee blew the whistle" the CEO Mr. Robert Gavin said that investor's testimonials in its website of a great returns " were bullshit, not real." This former employee also mentioned that they knew that the completion and opening dates were not true, just a tactic to get the monies upfront". Misconduct and misrepresentation.
So, by now, the other GAL Eastern Montana, Culberston City was previously set date for Opening March 2014. Therefore I decided to contact Mr. Delcen Collins, sales manager who after my initial complaint changed me to that site with the promise of opening and completion. I signed new but same contracts on MAY 7, 2014 with the same terms and conditions. The fact was that no terrain was prepared for the units, needless to say the units built. It was not only a sales pitch but a misrepresentation and breach of contract, because on March 17th 2014 they had requested the 2nd stage payment release of 19.232,00, which according to contract, it was only when the unit was built and ready for shipment. So they kept pushing periodically again the opening dates as if units were on site already. Some of the units, 20, were shipped to site on September. STILL not complete, not open.
The failed again. The excuse again was weather, the manufacturer had built them insatisfactorily and had to be returned. So the question rised was, why did you promise an opening day when you knew it wasnt going to be honored? Even after the 2nd fund release process, I insist and repeat the terrain was not prepared, nor the units having been built.
Later but around the same time, another affiliated manager apart from UPI UK, had been fishy selling the Montana units with title in deed.
Please be advised that the affiliated managers are approved sale agents by NDD.
In fact, according to contract there is a 999 leasehold on the land.
The dates for opening the Montana site were pushed back perdiodically to May, June, September, late November early December 2014. STILL WAITING FOR UNITS and CERTIFICATE FOR OCCUPANCY. Shouldnt all this have been done previous to the sale and promising opening dates?
Nonetheless, NDD announced the purchase of the manufacturer complex because this one was having economic difficulties .According to them the purchase details were confidential. (According to NDD docket filed 5th of December 2014, NDD is plaintiff, and Cascata Homes LLC, defendant).
So, the Montana units were all sold but still needed land and completion. So, what happened next? they announced a 4th GAL in ND. Which confirms that the money funded for Montana was being used for the next or to fund the manufacturer purchase and its existent open sites 1 and 2.
And this is not all. Weeks ago, they announced the build up of a hotel.
As the pressure was mounted on them by investors, they announced a rebate program two months ago with a first payment of 580 eur received, a second payment of 218 eur received, and November payment for 214. Euros.
B
ut this isnt even ALL: The new push back date for MONTANA GAL is Spring 2015!!. A total unacceptable one, and grounds for withdrawal.
On December 13th, I have emailed a letter to COO Mr. Danny Hogan, Delcen Collins sale manager, and Accountant Martin Brenan, CCed to Alan Clarke sale assistant and Sarah and Ollie Booth affiliated managers (UPI UK) requesting a full refund as the purchase was not closed. It was also informed both Escrow agent and business that 3rd stage won't be released, basing my decision on all above described.
A response was received saying that "delays" do not constitute breach of contract. However, it doesnt respond to the real breach of contract, misrepresentation and business misconduct to conduct business for self interest while individual investors like me among dozens of others have relied upon them in good faith.
They have also said they wont refund any monies as it is not stated in contract and that UPI agent may find a replacement owner for 6,000, what the heck? The fact is that no replacement owner is stated in contracts.
Finally, I urge your client a refund of my investment back in the position it would have been in had I never invested with the firm. A full refund of 40,815.00 in USD currency. PLUS the reservation fee * 2900 minus rebate payments (1012,94). Total amount of 42702 USD.
** I would like to be perfectly clear that despite the contract depicted the reservation fee as non-refundable, in order to put the client into a full commitment based on supposedly none misleading selling advices and promises, but later they come not to factual, the seller should refund it.
NDD Group Reviews
Back, On or about December 2013, I first signed a contract agreement, a purchase agreement, a lease agreement and a mangement agreement with North Dakota Developments LLC thru its solicitor regional center located in UK. (NDD AND UPI, both in UK)
I booked a suite with a 2900 USD non refundable booking fee *
The purchase investment was for a single unit in a workforce housing camp named Great American Lodge GAL 3, with a leasehold of 40 years with the promising R.O.I of up to 42%.The promised date for completion and opening was JAN 2014. They had pushed back the dates periodically to , April, May, etc, etc. By this time I had released a first stage for 21.582,5 USD including legal costs for 2350 USD for closing, into an Escrow account with the law firm Durick and Pearce (Jonathan Sanstead is the designated attorney-AGENT).
After seeing their delays which they blamed the weather (misconduct: because a sale and construction in ND shoud have been anticipated its contruction to set a date). The fact was that it was just a selling pitch to obtain the funds, in order to continue to fund existent GAL 1 and 2. (GAL 1 opened Nov. 2014, 1 year later of its promised date, same as GAL 2, later).
Although this was evident, former employee blew the whistle" the CEO Mr. Robert Gavin said that investor's testimonials in its website of a great returns " were bullshit, not real." This former employee also mentioned that they knew that the completion and opening dates were not true, just a tactic to get the monies upfront". Misconduct and misrepresentation.
So, by now, the other GAL Eastern Montana, Culberston City was previously set date for Opening March 2014. Therefore I decided to contact Mr. Delcen Collins, sales manager who after my initial complaint changed me to that site with the promise of opening and completion. I signed new but same contracts on MAY 7, 2014 with the same terms and conditions. The fact was that no terrain was prepared for the units, needless to say the units built. It was not only a sales pitch but a misrepresentation and breach of contract, because on March 17th 2014 they had requested the 2nd stage payment release of 19.232,00, which according to contract, it was only when the unit was built and ready for shipment. So they kept pushing periodically again the opening dates as if units were on site already. Some of the units, 20, were shipped to site on September. STILL not complete, not open.
The failed again. The excuse again was weather, the manufacturer had built them insatisfactorily and had to be returned. So the question rised was, why did you promise an opening day when you knew it wasnt going to be honored? Even after the 2nd fund release process, I insist and repeat the terrain was not prepared, nor the units having been built.
Later but around the same time, another affiliated manager apart from UPI UK, had been fishy selling the Montana units with title in deed.
Please be advised that the affiliated managers are approved sale agents by NDD.
In fact, according to contract there is a 999 leasehold on the land.
The dates for opening the Montana site were pushed back perdiodically to May, June, September, late November early December 2014. STILL WAITING FOR UNITS and CERTIFICATE FOR OCCUPANCY. Shouldnt all this have been done previous to the sale and promising opening dates?
Nonetheless, NDD announced the purchase of the manufacturer complex because this one was having economic difficulties .According to them the purchase details were confidential. (According to NDD docket filed 5th of December 2014, NDD is plaintiff, and Cascata Homes LLC, defendant).
So, the Montana units were all sold but still needed land and completion. So, what happened next? they announced a 4th GAL in ND. Which confirms that the money funded for Montana was being used for the next or to fund the manufacturer purchase and its existent open sites 1 and 2.
And this is not all. Weeks ago, they announced the build up of a hotel.
As the pressure was mounted on them by investors, they announced a rebate program two months ago with a first payment of 580 eur received, a second payment of 218 eur received, and November payment for 214. Euros.
B
ut this isnt even ALL: The new push back date for MONTANA GAL is Spring 2015!!. A total unacceptable one, and grounds for withdrawal.
On December 13th, I have emailed a letter to COO Mr. Danny Hogan, Delcen Collins sale manager, and Accountant Martin Brenan, CCed to Alan Clarke sale assistant and Sarah and Ollie Booth affiliated managers (UPI UK) requesting a full refund as the purchase was not closed. It was also informed both Escrow agent and business that 3rd stage won't be released, basing my decision on all above described.
A response was received saying that "delays" do not constitute breach of contract. However, it doesnt respond to the real breach of contract, misrepresentation and business misconduct to conduct business for self interest while individual investors like me among dozens of others have relied upon them in good faith.
They have also said they wont refund any monies as it is not stated in contract and that UPI agent may find a replacement owner for 6,000, what the heck? The fact is that no replacement owner is stated in contracts.
Finally, I urge your client a refund of my investment back in the position it would have been in had I never invested with the firm. A full refund of 40,815.00 in USD currency. PLUS the reservation fee * 2900 minus rebate payments (1012,94). Total amount of 42702 USD.
** I would like to be perfectly clear that despite the contract depicted the reservation fee as non-refundable, in order to put the client into a full commitment based on supposedly none misleading selling advices and promises, but later they come not to factual, the seller should refund it.