Redfish Village Beach Access

[Kevin Thompson]

KT-IF you were smart enough you would continue to read on before you go and pull out your Condo. Goofy on some of this. Do not choke on your Cosmo.. Do not get me started again this is all public. You need to learn how to completely read these documents that you post.

I am not going to get off of the subject but I will not let someone come on here and act like the expert. Everytime you post KT you dig another hole for RFV..

718.506 Publication of false and misleading information.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0718/SEC506.HTM&Title=->2006->Ch0718->Section%20506#0718.506

(1) Any person who, in reasonable reliance upon any material statement or information that is false or misleading and published by or under authority from the developer in advertising and promotional materials, including, but not limited to, a prospectus, the items required as exhibits to a prospectus, brochures, and newspaper advertising, pays anything of value toward the purchase of a condominium parcel located in this state shall have a cause of action to rescind the contract or collect damages from the developer for his or her loss prior to the closing of the transaction. After the closing of the transaction, the purchaser shall have a cause of action against the developer for damages under this section from the time of closing until 1 year after the date upon which the last of the events described in paragraphs (a) through (d) shall occur:

Great here we go again with the legal expert. You are the one in over your head. Edroedrog I asked you to post specifically the false and misleading information that you know about. Don't rely on the Walton Sun. Rely on what you specifically know so you can be the one saying it. I have asked you before, say what you know has been lied about. You made a goof of yourself with the 250 ft buffer and now you are doing it again. Maybe the internet is not such a good thing.:nono1:

 

[SHELLY]

Vagrant your attempt to try to get people all pumped up because you say somebody advertised something early is pathetic (to use your words). The letter I have told you about makes your entire case ridiculous. I never thought I would see this but you are almost as goofy as Edroedrog, who by the way is so far gone I don't even understand what he is saying.

This statement is pretty much identical when used in most ALL advertisements for properties for sale at Redfish:

"Redfish Village is a development by New Orchard Group.....The village will feature scenic trails and wooden boardwalks through the dunes and beside the lake. Redfish Village landmarks will include an open-air gathering place, a restaurant with bar, and the Redfish Village Beachwalk -- an owners only private gateway and vista to the white sand beaches of the Gulf of Mexico."

Here it is again in the September 2006 pullout of the Walton Sun called and "Owners-only beach boardwalk to the gulf."

(Did these people just make this up or were they spoon-fed "forward looking statements" from the PR sausage machine?)


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[Kevin Thompson]

This statement is pretty much identical when used in most ALL advertisements for properties for sale at Redfish:

"Redfish Village is a development by New Orchard Group.....The village will feature scenic trails and wooden boardwalks through the dunes and beside the lake. Redfish Village landmarks will include an open-air gathering place, a restaurant with bar, and the Redfish Village Beachwalk -- an owners only private gateway and vista to the white sand beaches of the Gulf of Mexico."

Here it is again in the September 2006 pullout of the Walton Sun

(Did these people just make this up?)


.

Shelly what about that is wrong? I see advertisements all the time for developments not yet built. The obligation of those advertisers is to deliver what they say. There are all kind of disclaimers in ads I see and I have seen developers in Walton County do this for the thirty years I have been here. What I am saying is that there are people here trying to smear people and that is wrong. They are using this to try serve their purpose but they are just digging themselves into a hole which I would imagine will end up bad for them.

 

[fisher]

Shelly what about that is wrong? I see advertisements all the time for developments not yet built. The obligation of those advertisers is to deliver what they say. There are all kind of disclaimers in ads I see and I have seen developers in Walton County do this for the thirty years I have been here. What I am saying is that there are people here trying to smear people and that is wrong. They are using this to try serve their purpose but they are just digging themselves into a hole which I would imagine will end up bad for them.

Let me get this straight--just because someone else has advertised falsely in the past, it makes it okay for Orchard Group to do the same thing????

This developer did not have the beach access when the ads were written, correct? And, there was no guarantee that they would get the access. I agree with the folks that call this false advertising regardless of past practices. The ad should have said, "developer is seeking property to give residents a private gateway to the beach, however, such property has not been acquired as of the date of this ad." I know it doesn't sound as good as the original, but it sure is truthful.

 

[SHELLY]

Shelly what about that is wrong? I see advertisements all the time for developments not yet built. The obligation of those advertisers is to deliver what they say. There are all kind of disclaimers in ads I see and I have seen developers in Walton County do this for the thirty years I have been here. What I am saying is that there are people here trying to smear people and that is wrong. They are using this to try serve their purpose but they are just digging themselves into a hole which I would imagine will end up bad for them.

Is it possible that this "appears" to be an "Artist's Rendition" of the toilets and private "Gateway to the Gulf?"

 

[edroedrog]

KT-You might want to go to the Draper Lake Thread and ask your questions that you do not have the answers for.

 

[John R]

so, if a builder states that the house will have granite countertops before the house is at frame, he's practicing false advertising? aren't they only required to have this PBA in place by the time the first contract is closed?

 

[Kevin Thompson]

Let me get this straight--just because someone else has advertised falsely in the past, it makes it okay for Orchard Group to do the same thing????

This developer did not have the beach access when the ads were written, correct? And, there was no guarantee that they would get the access. I agree with the folks that call this false advertising regardless of past practices. The ad should have said, "developer is seeking property to give residents a private gateway to the beach, however, such property has not been acquired as of the date of this ad." I know it doesn't sound as good as the original, but it sure is truthful.

Fisher no you didn't get that straight. The point is not false advertising which people should really understand before they say somebody else committed an illegal offense. The point is basically what Johnr says and that is that developers and builders can advertise that they plan to have a pool, that they plan to build a building, that they plan to have beach access, whatever they want. They just have to deliver what they advertise. Advertising something in advance is not wrong. This is the big point. This is not up for discussion. This is a fact. See all the billboards around town? See all the ads in the esteemed Walton Sun? Much of that is not built yet. Too many armchair quarterbacks here.

 

[Smiling JOe]

Let me get this straight--just because someone else has advertised falsely in the past, it makes it okay for Orchard Group to do the same thing????

This developer did not have the beach access when the ads were written, correct? And, there was no guarantee that they would get the access. I agree with the folks that call this false advertising regardless of past practices. The ad should have said, "developer is seeking property to give residents a private gateway to the beach, however, such property has not been acquired as of the date of this ad." I know it doesn't sound as good as the original, but it sure is truthful.

Nor did the developer have any of the other amenities such as the open-air gathering place and a restaurant with bar. Doesn't mean that they had not planned to get them built and in operation. If they don't doesn't mean that they are liars. If the advertised ammenities were material changes, the buyers may have a way out of the contracts without penalty.

What if the land on the property where the restaurant was going to be built was suddenly inhabited by an Ivory-billed Woodpecker and all construction was halted and the project was forever dead? Would you still call the developer a liar? Things change with time, and there are many unknowns when developing property. Was Redfish Village a little crazy for marketing the property with the Private Gateway to the Beach? In my opinion, yes. They will tell you that they were able to command higher prices with the private beach access, but during that frenzy, I don't think that would have stopped anyone from purchasing, at what even I thought were high prices.

It seems to me that you guys are still more pissed about the developer than you are concerned with the Private Beach Access. All of the above posts are regarding Redfish's statements and whether they were lying, and that is an issue for the people who have contracts, but that doesn't have anything to do with the Private Access being legally permissible to go onto lot #2.

Get out of the sandbox, boys, it's bedtime. ;-)

 

[edroedrog]

Fisher no you didn't get that straight. The point is not false advertising which people should really understand before they say somebody else committed an illegal offense. The point is basically what Johnr says and that is that developers and builders can advertise that they plan to have a pool, that they plan to build a building, that they plan to have beach access, whatever they want. They just have to deliver what they advertise. Advertising something in advance is not wrong. This is the big point. This is not up for discussion. This is a fact. See all the billboards around town? See all the ads in the esteemed Walton Sun? Much of that is not built yet. Too many armchair quarterbacks here.

KT-You do not want me to post the Developers Disclosure Prior to sale section do you?