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Angry Trump condo buyer wants out

Susan Pigg – Toronto Star

Alice Batista read­ily admits she was blinded by dol­lar signs and slick adver­tis­ing when she dialed up the Trump hotel and condo sales office back in 2006.

The sin­gle mother of three became con­vinced that $50,000 was a small price to pay to get in on the ground floor of what was, at the time, the glitzi­est new high-rise planned for down­town Toronto — the five-star Trump Inter­na­tional Hotel & Tower.

In fact, Batista, 49, became so swept up in the hype, within a few weeks she’d put $165,000 deposits on two units worth $2.4 million.

Only as the Kitchener-area woman signed the legal doc­u­ments would she find out that one of the suites — a one-bedroom condo with library on the 45th floor — was owned by the direc­tor of sales for the project.

Legal doc­u­ments obtained by the Star show that sales direc­tor Adina Zak bought the pre-construction condo for $948,100 in 2006 and flipped it to Batista six months later for $350,000 more.

That $1.3 mil­lion flip of an unbuilt unit to a new buyer vio­lates a key con­di­tion in sales agree­ments, imposed on most buy­ers by devel­oper Talon Inter­na­tional Inc.

That con­di­tion stip­u­lates that units can’t be sold until completion.

Zak refused to com­ment when reached by the Star: “We’re on vaca­tion and she’s not tak­ing any calls,” said her husband.

But her boss, Talon chief exec­u­tive Val Lev­i­tan, defends the sale, say­ing he had a “moral oblig­a­tion” to let Zak — “and a few other cus­tomers” — buy a unit and flip them for their own profit.

Adina has been with me for 11 years. She is a very ded­i­cated per­son who I wanted to do a favour for … Some­times you make an excep­tion. The world is not black and white.”

Batista’s story is more than just a cau­tion­ary tale. It pro­vides a rare glimpse into a high-profile luxe project, led by rookie devel­oper and Russ­ian bil­lion­aire Alex Shnaider, that is slated to open Jan. 31 and has per­plexed many condo devel­op­ers from the start.

Many of the Trump units are hotel rooms with kitch­enettes, designed for investors who will never live in them.

Recently, the Star revealed that some buy­ers have been try­ing to get out of costly deals, cit­ing two-year delays in the 60-storey project, fall­out from the reces­sion or con­cerns the pricey con­dos are no longer wise investments.

Talon insists just “a hand­ful” of pur­chasers are suf­fer­ing buy­ers’ remorse, say­ing that isn’t uncommon.

One U.S. buyer, cit­ing delays and “finan­cial dif­fi­cul­ties,” has already won the right from Ontario’s appeal court to renege on his $709,000 condo/hotel suite and get back his $212,700 deposit.

Another buyer is con­sid­er­ing legal action. Some, like Batista, have strug­gled to meet deposit sched­ules and say they were under the impres­sion they could sell off units before the build­ing opens and have no inten­tion, or abil­ity, to make final payments.

A U.K. cou­ple has walked away from their $265,000 deposit after they bought from a third-party com­pany, World­wide Prop­erty Port­fo­lio, which was assigned four floors from Talon at a dis­count and flipped them to over­seas investors at sig­nif­i­cant markups.

Real­tors and condo devel­op­ers who thought the Trump units were far too high priced and its hotel/condo units too novel for the Toronto mar­ket are now just shak­ing their heads. And Batista is kick­ing her­self for get­ting so caught up in the condo craze and Trump name.

I don’t belong in Trump tower,” says the woman who has bought, ren­o­vated and rented out sev­eral homes, but never con­dos. “I thought I’d be able to get a Trump tower suite for less than every­body else. I didn’t think I’d get rich. I just thought I’d make a lit­tle money and maybe have a place to retire someday.”

Instead, Batista has found her­self in a pre­car­i­ous sit­u­a­tion with $420,000 com­mit­ted to the Trump tower, so far. She had planned to “assign” (sell at a profit before clos­ing) the smaller hotel/condo unit to help pay off the big­ger one-bedroom before final pay­ments of $1.98 mil­lion are due in January.

Batista never imag­ined that would be an issue since she bought an assign­ment from Zak. She’s since found out the devel­oper for­bids such sell­offs. Despite that, she’s listed the unit with a real­tor — as have other Trump buy­ers — know­ing Talon could veto any sale.

Get­ting rid of the units can be tough, partly because banks are skep­ti­cal that hotel/condo suites are sound invest­ments. (Such units account for 118 of the 261 Trump suites; the rest are more con­ven­tional condos.)

The hotel rooms are con­sid­ered com­mer­cial prop­er­ties, mak­ing them cost­lier to keep and riskier for mak­ing money.

Com­pli­cat­ing things has been the Bay and Ade­laide site itself. It’s crammed so tightly between com­mer­cial high-rises, crews lost almost five months just to high winds, which made hoist­ing mate­ri­als risky to neigh­bour­ing offices.

I can’t close on those units. A lot has changed in four years,” Batista says of the reces­sion and global eco­nomic insta­bil­ity that has impacted her income since her 2007 purchases.

That $420,000 (in deposits) is every­thing to me. It’s the dif­fer­ence between being ahead of the 8-ball or being behind it.”

Batista had a lawyer review both offers first. Most condo buy­ers don’t. No one seemed to notice that floor plans lacked square footages or even room measurements.

It was only in Novem­ber, when Batista listed the hotel/condo suite with a real­tor, that the agent dis­cov­ered it was just 856 square feet, not the 1,000 square feet Batista says she bought in 2007.

Back then, when Batista noticed Zak’s name on the assign­ment agree­ment, she says she chal­lenged her.

I asked, ‘What is going on? How do I know I got the best deal when it’s your suite?’ ” she says.

(Zak) said all the other units left were more expen­sive. That I’d make a lot of money. I went ahead any­way, even though I was a lit­tle leery of the whole thing.”

Even savvy investors appear to be hav­ing issues.

A U.K. mul­ti­mil­lion­aire, who refused to be named but gave his lawyer per­mis­sion to speak, is in “a Mex­i­can stand­off” with Talon, whose CEO has vowed “we have absolutely no inten­tion of giv­ing money back.”

He and his wife walked away from $265,788 so far — $125,000 of which was paid to World­wide Prop­er­ties Port­fo­lio, their lawyer, Gra­ham Hunter, said.

There were a lot of things said that were in con­flict,” said Hunter in a tele­phone inter­view from New­cas­tle upon Tyne. “He (the pur­chaser) rec­og­nizes that essen­tially he made a bad invest­ment deci­sion and he’s writ­ten it off.”

The cou­ple still owes $690,000.

World­wide changed its name in 2007 to Resort Group PLC. Its “hon­orary chair­man” is Rob Jar­rett, a mul­ti­mil­lion­aire who orches­trated the sale of Trump Toronto units, largely to British and Irish investors.

The Star was unable to reach Jar­rett, despite repeated attempts.

Lev­i­tan refuses to dis­cuss Talon’s deal with World­wide, other than to say World­wide approached Talon and bought units at a discount.

In a recent inter­view with the Star, Shnaider, the Russ­ian steel mag­nate and Talon chair­man, insisted it’s up to investors to do their due dili­gence before sign­ing bind­ing legal documents.

They aren’t buy­ing cup­cakes,” Shnaider said.

We want to have happy cus­tomers, as any devel­oper would like to have,” he added.

But, in every sin­gle project, there are going to be peo­ple who bought for their own rea­sons and their finan­cial sit­u­a­tion changes… Every­body has their own rea­sons (for recon­sid­er­ing), but we don’t feel there is a problem.”

———————————————————————————————————————
Con­tact the Jef­frey Team for more infor­ma­tion – 416−388−1960

Lau­rin & Natalie Jef­frey are Toronto Real­tors with Cen­tury 21 Regal Realty.
They did not write these arti­cles, they just repro­duce them here for peo­ple
who are inter­ested in Toronto real estate. They do not work for any builders.

———————————————————————————————————————

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  • An exclusive look inside Toronto’s Trump Hotel

    By Tony Wong – Toronto Star

    At the age of 42, Alex Shnaider has built the tallest res­i­den­tial tower in Canada — and the sec­ond tallest build­ing in Toronto, after the CN Tower.

    It is a note­wor­thy accom­plish­ment. But per­haps even more so for a rookie devel­oper who acquired the land in 2002, when he was just 34, and already the country’s youngest self made billionaire.

    But Shnaider is a man of action, not words. And self praise does not come eas­ily. Not even when you have owned your own For­mula 1 team and soc­cer club. Or just hap­pen to be the builder of the land­mark Trump Inter­na­tional Hotel & Tower in Toronto’s finan­cial district.

    Well, I think it is very nice,” says Shaider of his new project.

    The gross under­state­ment brings a snort of laugh­ter in the opu­lent hotel suite that Shnaider and his part­ner Val Lev­i­tan, pres­i­dent and CEO of Talon Inter­na­tional Devel­op­ment are sit­ting in.

    Very nice? Alex likes to down­play every­thing. It is an incred­i­ble, huge accom­plish­ment to get this built,” says the more ani­mated Lev­i­tan. “This is a true tro­phy building.”

    Cer­tainly, the suite may not as be as nice as Shnaider’s 205 foot yacht that he is build­ing (trad­ing in his smaller 170 foot Benetti that he used to rent for $270,000 a week when he wasn’t using it) or his pri­vate Global Express jet, or the chauf­feur dri­ven $450,000 May­bach that he arrives to the inter­view in. Or the new home on the Bri­dle Path that he moved in just before Christmas.

    But if you are look­ing for a hotel in Toronto, it doesn’t get much, well, nicer. Like Shnaider, the typ­i­cal Trump cus­tomer lives large.

    The 950 square foot one bed­room the part­ners are sit­ting in will rent for close to $1,000 a night. The largest suite, at 4,000 square feet will have 11 foot ceil­ings and dec­o­rated in fur­ni­ture by Ital­ian cou­ture house Fendi. It will go for $20,000 per night, a record price for a room in Canada.

    And then there are the con­do­mini­ums above the hotel. Aver­age ask­ing prices for the suites are $1,650 per square foot. Shnaider has yet to move into his 8,000 square foot pent­house with the 20 foot high ceil­ings, val­ued at more than $20 million.

    The Star got an exclu­sive inter­view with Shnaider and a sneak peak at the hotel before it is sched­uled to open in late spring. Last Fri­day Shnaider was given an occu­pancy per­mit for the hotel. A mile­stone that has taken almost nine years.

    It is a land­mark build­ing. Some­thing that the city can be proud of,” says the slightly more effu­sive devel­oper later on. “This is now part of the land­scape of the city, a vital part of the sky­line, a build­ing that you will see on postcards.”

    The choice site at Ade­laide and Bay streets is sur­rounded by the city’s bank tow­ers. The hotel has 261rooms and suites. It also has a 18,000 square foot spa built over two floors.

    The hotel is still in var­i­ous stages of con­struc­tion. The rooms are mostly com­pleted, but the com­mon areas still need sig­nif­i­cant work.

    Sur­pris­ingly, there is no hint of the sig­na­ture Trump brass and gold in sight. Instead, there is black mar­ble, dark woods, in an ele­gant palette of cream and grey.

    While the decor of the newly opened Ritz Carl­ton is awash in con­ven­tion cen­tre beige and bur­gundy, the sleeker Trump is the style winner.

    Peo­ple always ask me where is the gold?” says Mick­ael Damelin­court, the gen­eral man­ager of the Trump hotel. “But the theme is cham­pagne and caviar. This reflects the influ­ence of the chil­dren. In a way this is more Ivanka than Don­ald Trump.”

    There will of course, be fine din­ing. Sources say Todd Clarmo, the for­mer exec­u­tive chef at Bay Street stal­wart Canoe will head the new restau­rant at the Trump. The Oliver and Bonacini flag­ship restau­rant and favourite of Bay Street expense account hold­ers has lately been raided by the new influx of lux­ury hotels.

    Joanne Chi­menti, the gen­eral man­ager of Canoe and chef Tom Brodi have already decamped to Toca at the Ritz.

    Mean­while, super­star Amer­i­can Chef David Chang of Momo­fuku is open­ing two new restau­rants at the new Shangri-La nearby.

    Fash­ion insid­ers will get a the first peek of the new Trump on Thurs­day when the grand salon ball­room will make its debut for a much antic­i­pated fash­ion show by Mark Fast and Mikhael Kale dur­ing Toronto fash­ion week.

    After a dearth of five star hotels, Toronto now has a plethora of ultra-luxury lodgings.

    A new Ritz Carl­ton opened on Welling­ton Street in the enter­tain­ment dis­trict in Feb­ru­ary. The Trump will open soon, fol­lowed by a new Shangri-La Hotel and a new Four Sea­sons hotel. Smaller bou­tique hotels such as the Thomp­son Toronto and a new Le Ger­main have also opened recently.

    Ana­lysts have said that the com­pe­ti­tion, while good for con­sumers, means poten­tially tough times ahead for new hotel oper­a­tors. And there are con­tin­u­ing con­cerns over an over­sup­ply of new con­dos on the market.

    I think Canada is still attrac­tive to a lot of for­eign wealth and prices will con­tinue to go up,” says Shnaider. But he acknowl­edges that the road ahead will not be easy.

    But get­ting this far has already been an accom­plish­ment. The project has been the sub­ject of skep­ti­cism from some in the real estate com­mu­nity, that it would never get built.

    If some­one had told me it would take this long to build, I would never have believed them,” says Shnaider.

    It has been a bumpy road. Shnaider’s prop­erty was orig­i­nally sup­posed to be a Ritz Carl­ton when it was launched with much fan­fare back in 2000.

    But the Star revealed that the orig­i­nal devel­oper had been con­victed of bank­ruptcy fraud, which caused the Ritz to back out and even­tu­ally move to a new loca­tion near the enter­tain­ment district.

    Shnaider’s Talon devel­op­ment even­tu­ally took con­trol of the project. Trump is man­ag­ing the hotel, but this is Shnaider’s money on the line, along with minor­ity part­ner Levitan.

    The Trump name has not been a guar­an­tee of suc­cess. The Amer­i­can bil­lion­aire and star of TV’s The Appren­tice has placed his name on every­thing from golf courses to vodka and mattresses.

    In Chicago, the 92 storey Trump Inter­na­tional Hotel & Tower still has almost one third of its units unsold after clos­ing on units more than two years ago. And in Florida lenders fore­closed on the devel­oper of the Trump Hol­ly­wood, where he had licensed his name. At the time only 22 of the tower’s 200 con­dos had been sold. It has since been bought by new investors.

    So far the hotel rooms in the Toronto Trump are 85 per cent sold and the res­i­dences above the hotel are 60 per cent sold. And Shnaider says he has con­fi­dence that the project will sell out once buy­ers can see the bricks and mortar.

    When you are pay­ing that much you want to be sure of what you’re get­ting,” says Shnaider.

    One bright spot is that the Cana­dian econ­omy con­tin­ues to out­per­form the G-7, and hotel rates and occu­pancy lev­els have slowly been inch­ing up from the depths of the recession.

    Luck­ily, Shnaider has deep pock­ets. Cana­dian Busi­ness mag­a­zine ranks him as the 23rd rich­est man in Canada with a net worth of $2.06 bil­lion, putting him ahead of play­ers such as Michael Lazaridis and Jim Bal­sille of Research in Motion Ltd., and Gerry Schwartz and Heather Reis­man of Onex Corp. and Indigo Books.

    The Russ­ian born Shnaider immi­grated to Canada at the age of 13 where he went to high school at William Lyon Macken­zie and at York University.

    He got his break trad­ing steel when the Soviet Union started to decen­tral­ize. He has since divested him­self out of the steel busi­ness, and branched into real estate, retail, trans­porta­tion and agri­cul­ture across Europe and North America.

    Closer to home he con­tin­ues to invest in the hotel busi­ness. He recently pur­chased the land­mark King Edward hotel along with a con­sor­tium of investors, of which he is the largest shareholder.

    He has also owned a For­mula 1 rac­ing team, and a soc­cer club in Israel both of which he sold. His empire has become so vast, and he is on the road so often, that he has not vis­ited the Trump prop­erty in more than a month, until this week.

    Over the last few months a colder than nor­mal win­ter has meant con­struc­tion has been slower than hoped. But there has also been much to approve of.

    Before the guests leave, Damelincourt’s staff are on hand to pro­vide warm nap­kins and spritzers pre­sented on a sil­ver plat­ter to guests so they can wash the soot of the day away before they leave the premises. It gives a hint of the five star ser­vice that has arrived, and harkens of things to come for the city.

    ———————————————————————————————————————
    Con­tact the Jef­frey Team for more infor­ma­tion – 416−388−1960

    Lau­rin & Natalie Jef­frey are Toronto Real­tors with Cen­tury 21 Regal Realty.
    They did not write these arti­cles, they just repro­duce them here for peo­ple
    who are inter­ested in Toronto real estate. They do not work for any builders.

    ———————————————————————————————————————


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