Many of you already know about the lawsuit at hand. There are many issues to consider about this case, which others have shared with me via email and over the phone. I wanted to share their thoughts with you.
1) I was never contacted by the developer of Opera Tower, nor his representatives, to correct the misstatement. The lawsuit was the first instance of me finding out that he was upset about the blog post. Had he contacted me to make a correction, or to take it down, I would have gladly done so.
2) A blog is an open forum. My Miami real estate blog allows people who visit this blog to leave comments. The developer, or someone associated with the developer, could have left a comment correcting the misstatement. This was never done.
3) I did not have my license hung with EWM at the time that I wrote the post. Does this mean that all corporations should now be held accountable for the blog posts that their employees wrote on Myspace before working for them? Does corporate America now need to review all blog posts that someone may have written before the employee was hired?
4) Every day, people on Amazon.com leave both positive and negative views about products. Does this mean that Amazon.com should be sued because somebody has an unfavorable opinion about a product and has decided to leave a comment that is deemed to be negative? What happens if their comment turns out to be a misstatement about the product?
5) The bottom line is that this is a blog. Wikipedia’s definition of blog is the following:
A blog (a portmanteau of web log) is a website where entries are commonly displayed in reverse chronological order. “Blog” can also be used as a verb, meaning to maintain or add content to a blog.
Many blogs provide commentary or news on a particular subject; others function as more personal online diaries. A typical blog combines text, images, and links to other blogs, web pages, and other media related to its topic. The ability for readers to leave comments in an interactive format is an important part of many blogs. Most blogs are primarily textual, although some focus on art (artlog), photographs (photoblog), sketchblog, videos (vlog), music (MP3 blog), audio (podcasting) are part of a wider network of social media. Micro-blogging is another type of blogging which consists of blogs with very short posts.
To me, a blog is a way to share thoughts and ideas with others. As Robert Jarvis, a constitutional law and ethics professor at Nova Southeastern University, stated in the Miami Herald article “Courts understand [blogs] are written in unedited, unvetted fashion”.
6) Journalists are offered the opportunity to retract misstatements. If a newspaper publishes a misstatement then the publisher is offered the opportunity to make a retraction. A blog writer, however, is not held to the standards of a journalist. As stated above, blogs are viewed as open forums. The plaintiff could have corrected the misstatement by addressing it in a comment left on the blogger’s website.
I’m not going to reveal the amount of traffic that this blog receives, but considering the number of people in this world, the visitors to this website represents such a minute percentage of the global market. Miami is not a local market. There are people from all over the world who have an interest in owning property in Miami and Miami Beach. If I had written about the housing market of some small community in Arkansas (sorry to use you as an example…please don’t sue me) then maybe a court could show that I influenced the thoughts of buyers and sellers within that community. The fact of the matter is that there is interest from buyers from all over the world that have their eyes on Miami real estate. To say that my blog influenced the Miami condo market is ridiculous. Flattering, perhaps, but still ridiculous. As I said, the percentage of people who read my blog in this world is minute.
Opera Tower, LLC & Tibor Hollo Sues Me for $25M
As some of you may already know, my employment at EWM Realtors was terminated this afternoon. The Miami Herald published a story this evening on their website revealing that developer Tibor Hollo of Opera Tower has sued EWM, and myself, for $25M.
The interesting thing about this case is that I did not have my license hung with EWM when I wrote that post. In my opinion, Tibor Hollo and Opera Tower, LLC are coming after EWM because their parent company is owned by Warren Buffett’s Berkshire Hathaway. I have no ill feelings against EWM. I fully understand their position on the situation, given that they are owned by a much larger entity.
The reason why I wrote the post is because I was receiving a lot of phone calls from contract holders at Opera Tower telling me that they had no intention on closing on their condos. In my opinion, a blog is a vehicle to share opinions, thoughts and concerns. I was merely sharing these concerns with potential buyers and contract holders. About three weeks ago, a local newspaper disclosed a story about a class-action lawsuit against the developer filed by contract holders wanting to get out. This topic was an area of concern, and one that I felt needed to be addressed to my readers.
I had no malicious intent against Tibor Hollo nor the condo development. I was merely sharing my opinion with the readers of my Miami real estate blog and the concerns of current contract holders. I see myself as a real estate agent on the street that is sharing the concerns and opinions of others.
Rumor Mill on the Streets of Manhattan
I arrived at La Guardia Airport in New York City on Tuesday afternoon. The good news was that the weather was fantastic. It was in the high 60s, which was unprecedented in New York City for the month of January. The weather was just what I needed after arriving in Chicago last week on the coldest day of the Winter season (I think it was something like 15 degrees below zero with wind chill). Brrrrr!!! In fact, the first thing I did when arriving in Chicago was to go to Target and buy some long underwear. It was that freakin’ cold! I used to live in downtown Chicago for 4 years so I should know cold, but that day was damn cold! Maybe living in Miami for so long has made my blood thin out a bit or something.
My arrival in New York City, however, soon turned sour after learning that my luggage was lost by American Airlines. Regardless, I checked into my hotel and tried to make the best of my trip. My luggage did finally arrive at 3am that night (the next morning).
Last week, I wrote a post mentioning that I would be in New York City from January 8-11 for the Real Estate Connect NYC 2008 Conference. I was contacted by one hedge fund analyst and two investment groups that wanted to meet me while I stayed in New York City. They each had an interest in the Miami condo market.
Today, I attended the first day of the Real Estate Connect Conference and listened to a few industry leaders speak about the market. I also picked up some great information in conversations with people in the hallways as well as the hedge fund analyst that I met with later in the evening.
Okay…enough with the boring stuff. Let’s get to the goods! The following is the rumor mill that was revealed to me throughout the day. This is just what I’ve heard. I am in no way saying that the rumors are true (although these rumors came from accredited sources).
WCI will declare bankruptcy within the next two weeks. Shares of WCI, the developer of One Bal Harbour, dropped 52.98% today on worries that WCI will declare bankruptcy. Standard & Poor affirmed WCI’s junk rating status and provided a negative outlook for the company. (Can you say “Pink Sheet”?) WCI was provided an extension until January 16, 2008. That’s a very short extension. My source disclosed to me tonight that the bank is probably finally realizing that it is in their best interest to pursue bankruptcy proceedings rather than delay the inevitable. The mathematics makes sense for the bank to do so. Most banks loaned about 65 percent of the total construction costs. As of right now, according to public records, WCI has closed 50.3 percent of the condo units at One Bal Harbour. If I were the bank holding onto the construction loan for One Bal Harbour, I would foreclose on this development immediately. The lender could at least offset their other losses with the gains they may realize with the sale of the defaulted units at One Bal Harbour. They know that it’s a strong development…I know that it’s a strong development. Until the investment funds step in, however, there’s still a lot of risk.
Marina Blue closings have been pushed back 2 months and possibly even longer. I heard this rumor when I was in Miami on Monday but I didn’t accept it until tonight. I’ve heard that Marina Blue has no clue when closings will begin. Somebody please tell me that I’m wrong! I’ve heard this one from multiple sources though.
Opera Tower is delaying closings another month. I’ve heard this one from multiple sources as well. What the hell is going on with this development? It keeps delaying its closings. Weren’t closings supposed to realistically begin around September? I was recently misquoted about Opera Tower in the papers. I was quoted as saying something along the lines that Opera Tower will have a 50 percent default rate. I actually said that Opera Tower will have at least a 50 percent default rate. Just my opinion though. Also, just my opinion is that this development is doomed. There’s a large lawsuit against the developer of Opera Tower. You may think I’m crazy but I think in six months my 50 percent default rate for Opera Tower will be considered an overzealous prediction.
Here’s the big one. Countrywide Financial Corporation is going to declare bankruptcy within the next three weeks. Countrywide has lost about 44 percent of its value within the past 5 days. Rumors around Wall Street are that this turkey is just about roasted and ready to be eaten. We should see this one fall soon…and it’ll make a huge thud on the Street when it does.
This one isn’t so much a rumor. Quantum on the Bay began closings and the development isn’t even close to being completed. (From what I’ve heard) TCO was granted in order to avoid a lawsuit pertaining to how long the development took to be completed. My guess (and only my guess) is that some money (maybe a lot) was transferred between the developer and city to get the TCO done to avoid lawsuits against the developer.
Closings to Begin at Opera Tower Very Soon
Word reached me tonight that the crown top at Opera Tower has been illuminated. I have also been informed that the swimming pool and hot tubs have been filled. Opera Tower is located in Miami’s up-and-coming Edgewater neighborhood.
This suggests to me that closings at Opera Tower will begin very soon, although closings were originally scheduled for September. However, when I drove by Opera Tower this past week, the street-level commercial spaces still looked to be at least one month away from being finished.
I’m not a fan of this development. I’ve made it known in a previous post that I think that this development will have a high default rate for various reasons that are disclosed in that post. I think it is likely that we will see a majority of these condos owned by the bank that loaned money to the developer of Opera Tower by April 2008.
What do I know though? I’m no real estate oracle.
Opera Tower Closings to Begin in September
In a previous post I stated that I heard closings at Opera Tower would begin in July. However, I confirmed today that this was inaccurate. Closings will begin in September for condo units on the first 21 floors of Opera Tower. I was told that closings on the remaining floors would begin in October. Opera Tower sent this letter to contract holders at the beginning of June. It provides important information regarding closings.
It will be interesting to see what happens there. Opera Tower has a total of 635 condo units made up of studios, one and two bedroom condos. That’s a lot of units coming onto the market given the current condition of the Miami real estate market. I think closings at Opera Tower will help reveal the true nature of the market at this time. It will act as a prologue to what will happen at other developments scheduled to begin closings in the next 12 months. It will be important to keep an eye on closings, or lack of closings, that occur at Opera Tower.
My prediction is that the developer of Opera Tower will get back a lot of units. It is a shame that the developer charges 13 percent of the sales price to contract holders who want to resell their contract. It would be in the best interest of the developer to help these contract holders, who are primarily investors, get their unit into the hands of an end-user. Many of these investors are looking to break-even or accept a small loss. With a 13 percent resale fee, however, it makes this nearly impossible. This will come back to bite the developer of Opera Tower in the ass. As of now, the best deal through the developer for an east facing unit is one priced at $509,000. It is on the 21st floor. That comes out to $485 per square foot. I think within six months we’ll see 2 bedrooms at Opera Tower priced below $400,000.
Midtown 2 was a recent large development to begin closings. Closings there began about a month and a half ago. Last week the South Florida Business Journal reported that 17 contract holders at Midtown 2, who want out of their contracts, filed a class action lawsuit against the developer. The attorney representing the plaintiffs is also planning a class action lawsuit representing contract holders of Midtown 4. This lawsuit could spell trouble for all developers if the judge rules in favor of the plaintiffs.
To Close or Not to Close? – Tough Decision Ahead for Preconstruction Contract Holders as Closing Dates Approach
Closing dates are quickly approaching for preconstruction condo holders in several big name developments. Closings continue at Midtown 2 while closings at Latitude on the River and Ten Museum Park began a few weeks ago. Closings at Opera Tower and Onyx on the Bay should begin later this month.
I’m sure a good number of these contract holders have asked themselves whether or not they should close. Most have probably even crunched some numbers to figure out what they should do. With deposit money equal to 20 percent of the total purchase price at stake, it is a very important decision.
The question on everyone’s mind is what percentage of these condo units are owned by investors versus those who intend to occupy the unit. An even better question though is of the investor-owned units, what percentage are owned by people who were looking to flip their unit prior to closing versus those intending to hold long term.
Those who were looking to flip their condo prior to closing most likely had their unit in the developer’s resale program. Each resale program is a bit different and the fees required to resell the unit can vary greatly. Most charge a 6 percent commission as well as a transfer fee which I’ve seen range from as little as .75 percent to as high as 7 percent. For example, Ten Museum Park charges a .75 percent transfer fee, or 6.75 percent when including the commission, while Opera Tower charges a 7 percent transfer fee, or a total of 13 percent when including the commission.
I think Ten Museum Park might have a few forfeited deposits but nothing too serious. It gave contract holders another option besides walking away from their entire deposit. They are allowing contract holders to accept a loss but still get back a portion of their deposit money. This past week I had a client who purchased a unit at Ten Museum Park from a contract holder for $55,000 less than what it was purchased for in January of 2004. The contract holder also paid the 6.75 percent fee which totaled $61,087.50. Of the $181,000 that the contract holder laid down as a deposit, they will see $64,912.50 at closing. It’s a big loss but it is still better than walking away from the entire 20 percent.
Buildings like Opera Tower and Quantum on the Bay, however, are not giving their contract holders many options. They aren’t allowing people to take a loss until after closing. In fact, at Quantum on the Bay, it is required that you list your unit at a minimum of 16 percent above the purchase price. That is insane! Who is going to buy that? You might as well not have your unit in the resale program because it won’t sell. Quantum on the Bay charges a total of 12 percent in fees to resell a unit in their resale program.
Of course, contract holders could do a simultaneous closing to avoid these heavy transfer fees. However, most first time investors are unaware that this option exists. Even if they are aware of this option, they still need to find a replacement buyer or hire a real estate agent to help find one for them.
Time is running out and many are asking whether it is better to close on their unit or walk away from their 20 percent deposit. Keep in mind that most developers charge a developer’s fee which is due at closing. This fee is typically 1.75 percent of the purchase price. Also, units come “decorator-ready” so additional money will be required if you want to have the option of renting it out in case it doesn’t sell. Too many times I have seen people hope that they could quickly flip the unit after closing rather than invest additional money into the unit. The unit ends up sitting on the market for six months and then they decide that they’ll have to rent it out. They would have saved themselves a lot of money if they had prepared to have the option of renting the unit at the beginning rather than wasting six months. You’ll need to spend money to install floors, window treatments, light fixtures and to have the walls painted since most come with the walls only primed.
A lot of people will end up pulling money out at closing to pay for these expenditures. For example, someone might choose to do 90 percent financing so that they can get 10 percent back at closing. That 10 percent will pay the developer’s fee, closing costs and expenses for flooring, window treatments, light fixtures, etc. The money will also help pay the mortgage until the condo is either sold or rented. Unfortunately, in recent times, 90 percent financing isn’t as readily available as it was in the past.
Crisis Looming in the Arts District of Miami?
I busted out my camcorder today and headed out to beautiful Margaret Pace Park to take in the nice Memorial Day scenery. Okay, okay…so I had another agenda on my mind. I wanted to give everyone a firsthand look at the condo developments in Edgewater Miami along North Bayshore Drive.
Margaret Pace Park is a large park situated along Biscayne Bay from NE 17th Street to NE 20st Street. (The picture above doesn’t quite encompass the entire park). A variety of activities can be enjoyed there such as tennis, volleyball, basketball, running/walking/jogging, BBQing and condo construction watching. Along this park, from NE 17th Street to NE 20th Street, there are three major condo developments under construction: Opera Tower, The 1800 Club and Quantum on the Bay. Combined, these three condo developments will bring a total of 1,856 new condo units to the Miami real estate market by year’s end. That is just within three blocks! The picture slideshow below will show you a variety of pictures that I took of these three condo developments. The video footage that I shot can be found at the end of this post.
OPERA TOWER Opera Tower, located on the corner of 17th Street and North Bayshore Drive, will bring a total of 635 new condo units to the Miami real estate market. Closings are scheduled to begin in July.
THE 1800 CLUB The 1800 Club, which stretches from 18th Street to 19th Street along North Bayshore Drive, will bring a total of 469 new condo units. Closings are likely to begin around September.
QUANTUM ON THE BAY Quantum on the Bay, which is comprised of two towers and stretches from 19th Street to 20th Street along North Bayshore Drive, will bring a total of 752 new condo units to the Miami real estate market. Closings will likely occur by year’s end.
Last week, The New York Times published an article entitled, “As Condos Rise in South Florida, Nervous Investors Try to Flee”, which discusses how panicked investors are increasingly looking for ways to get out of their preconstruction contracts. When those hopes vanish, many end up walking away from hefty deposits. The article notes that an attorney in Boca Raton, Florida receives two to three phone calls a day from investors looking for some way out of their contract. A second attorney, working on behalf of developers in Miami, also added that “in some projects, up to 20 percent of buyers want their money back”. The article states that 8,000 new condos units are expected to be completed by the end of the year in Miami-Dade County alone. Another 12,000 condo units are expected to be completed by the end of 2008.
It seems that Opera Tower, The 1800 Club and Quantum on the Bay will represent a little over 20 percent of the 8,000 new condo units mentioned in the article for 2007. That is a huge chunk, especially when those units are located within three blocks of one another.
There will definitely be some great deals available in the coming months in Edgewater, as well as other Miami neighborhoods. I will do my best to report these deals as I find them. If you, or anyone you know, purchased a preconstruction condo and is looking to find a replacement buyer to close, please feel free to contact me.
The video below will show you the footage that I shot of Opera Tower, The 1800 Club and Quantum on the Bay. Notice how close the buildings are to one another.
The following is a video of Margaret Pace Park. The park runs along Biscayne Bay, so any condo units facing east in any of the buildings directly across from the park will have unobstructed water views.
Judgment Day Just Around the Corner for the Miami Condo Market
There are a number of premier condo buildings that are scheduled for completion in the next six months throughout Miami. These include, but are not limited to, the following:
It will be interesting to see, in the coming months, where prices will go from here. The number of distressed properties has been climbing throughout Miami-Dade County and that number should escalate as these new units hit the market. A year ago properties in Miami were selling like hotcakes. 12 months later the market has cooled considerably in Miami, as has the overall national real estate market. Vulture capitalists have been circling the skies of Miami for over two years, waiting for the right moment to swoop in and scavenge the real estate market here in Miami. 12 months ago vulture capitalists were told that their moment would never come as some real estate markets, throughout the United States, turned in double-digit growth. However, the next six months might be just the moment that they have been waiting for as national foreclosure filings has increased 35 percent over the previous year, according to RealtyTrac. Coupled with the increasing number of new properties that will come on board in the coming months, Miami may be ripe for the picking. The question is “Will the vulture capitalists provide a cushioned bottom for the inevitable judgment day that awaits the condo market?”. “Can their deep pockets provide the support that this market needs or will we find out just how deep the rabbit-hole goes?”
As the day of judgment comes we, here at Miami Condo Investments, will be ready to seek out the best opportunities and pass them along to our faithful blog subscribers. We plan to provide a complete analysis on all condo investment opportunities that meet our criteria, along with a comparative market analysis, pictures of the properties and, in some cases, video so our subscribers can fully grasp the opportunity.
