We reported last week that we had heard about a class action lawsuit filed by a group of 22 “buyers” at Century Plaza who wanted out of their 31 purchase contracts and the return of approximately $775,000 of earnest money. Since 31 contracts constituted approximately 40% of the total contracts that the Sales Manager for Equus (the developer of Century Plaza) said they had and they represented more than double the number of units that had actually closed since early July, we suspected that the lawsuit signified major trouble for the project.
The day after the principals of Century Plaza got hit with the lawsuit the public learned that the lender for the project, M & I Bank, filed a suit claiming that Equus was in default of the loan and a receiver was appointed to oversee the operations of the project.
What is really too bad about this entire thing is that I think it may have been avoided.
Approximately two months ago I contacted the main sales rep for the project and warned him that buyers representing approximately 45 sales contracts had contacted me and expressed disillusion with the project and concern about current values. Every one of them told me that they were very disinclined to close on the contracts. I called the sales rep, not for personal gain, but out of professional courtesy and because I wanted to see Century Plaza succeed. I like the building, I like the area, and after all, I’m a fan of urban living.
I figured that my conversations with these buyers were much more candid and “real” than any conversations that they might have been having with representatives of the developer. I had hoped that by giving him a “heads up” that maybe a disaster could be avoided. I thought that I could offer them needed insight as to what the buyers were really thinking. I told him that the buyers needed to see price reductions to feel good about moving forward. I also told him that buyers were VERY concerned with the financial viability of the project and the Home Owner Association (HOA). I suggested proving to buyers that the HOA was solvent. I also strongly suggested that they stop the practice of negotiating different deals with various buyers or groups of buyers. I told him that the buyers were talking amongst themselves and that certain parties were getting ticked off that they were being offered lesser concessions than what was being offered to other parties. I told him that they should offer one concession package to everyone PERIOD.
I thought that I was offering some sound advice.
Apparently that was not how my message was received by “corporate.” The next day I was informed by the sales rep that people around the office were saying that I was “bitter” (I was under contract to buy a unit at Century Plaza myself and it looked as if I would lose my earnest money) and a trouble maker. I was basically told to butt out.
To make matters worse, Equus hired an attorney to send me a “bully” letter threatening me with a defamation lawsuit. It seems that they didn’t like comments that people had written on the Century Plaza page on my web site. I’m embarrassed to admit that I gave into the bullying. But after all, I don’t have the time or energy or money to fight a defamation battle. And even though I felt that their claims were completely groundless I agreed to remove the comments from the page.
Frankly, I think it would have been wiser for Equus to try to truly reach out to these people and figure out how to make them happy so that they would actually close on their purchase. But instead they bullied the messenger (me) into sumbission. Well, I guess you reap what you sow and now the project appears to be in major trouble.
All this is too bad. I would like to see Century Plaza succeed. I think its a very nice building in a really great area and I am a fan of urban living. Maybe now that the lender is playing a more active role in the project we’ll see some progress.
Oh, and for those of you who have news or different perspectives on this whole matter, feel free to post a comment at the lower left hand corner of the page. I have re-activated the comment section. Turns out I grew a backbone over the last several weeks


















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