Greg and Charles, this is a very complex deal with a lot of moving parts. We went under contract for $862,500 for a vacation rental in St. Croix, USVI. AS IS sale, ARV $1.1ml . 30k in repairs. Seller was offering financing from the start, Sellers Attorney drafted the mortgage and note. $200k down total, 50k in EMD balance due at closing, Seller financing the balance over 20 years @ 4.75% Originally during the due diligence period the financials, P&L, copy of the booking site past and upcoming rentals all added up to a sensible ROI, at the least the property would pay for itself. Our plan was to keep it running as a short term rental as is, all the business pieces were there including a on site caretaker to manage the bookings, house guests needs and the property maintenance. This is why we purchased the business LLC and all its assets including all booking sites, web presence, client and vendor list and transfers of all USVI legal documents such as business license, LLC, etc.....
We were originally scheduled to close 8/25/17 that did not happen due to Seller not having a certificate of good standing, expired business license and the survey came back with encroachments, a neighboring fence.
-Everything has been taken care of now by the Seller however the title company put a special exception on the encroaching fence, (not sure what that means)
-before we signed the contract the seller showed us that there was a booking for 3 months which would net us 50k in our minds that would pay back the EMD and we saw on the Sellers books that the property paid for itself, now this 3 month booking is actually only one week @ 16k, seller explained that the backed out! and there are 0 bookings for the entire winter season, which seems strange to us due to the income from the financials show different from the past 10 year rental history the seller shared with us.
- It states in our contract that the Seller must continue with managing the property as usual and we the buyers would pay the Seller 20% for any bookings made by seller during this contract period for bookings made past the closing date. I do not feel as though the property is being managed as usual or the financials the seller submitted are false.
How can I possibly prove that? Our concern is that the property will not pay for itself and will actually drain our bank account. This is why we are willing to loose 50k instead of 200k or even the financed amount of $662,500.
Contract Here is a Onedrive link to the contract
Thank you in advance,
Maggie