Oh, boy, I never did think Teton Springs was smart...
Lawsuit filed against developer
Plaintiffs say they were duped by Teton Springs officials
By PAUL MENSER
Twenty-one people who bought land at the development near Victor want out of their contracts.
Twenty-one people from five states have filed a lawsuit in U.S. District Court claiming they were rooked into investing in the Teton Springs development outside Victor.
Seven couples and seven individuals, most of them from California, say the developer, Teton Springs Golf and Casting Club; its agent, Utah-based Nu Way Partners; and its mortgage broker, Eagle River Mortgage Co, violated federal law and engaged in common-law fraud when they sold the plaintiffs lots and built homes in the Mountain Meadows project that turned out to be way less profitable than what they'd been promised.
The suit, filed Monday, seeks to have the plaintiffs' contracts rescinded or revoked. It also asks for punitive damages to be paid.
J.T. Bramlette, founder of Nu Way Partners, said Wednesday he was unaware of the lawsuit and declined to comment until he'd consulted with legal counsel. Efforts to reach the plaintiffs' attorney, William H. Thomas of the Boise firm of Huntley Park, were unsuccessful.
Much of the 192-page complaint focuses on the behavior of Nu Way, which bought lots in the Mountain Meadows section of Teton Springs and sold them to real estate investment club members.
The company bills itself as "an innovative real estate opportunity and development firm that enables both seasoned members and ambitious entrepreneurs the opportunity to gain financial independence by investing in premium-quality properties in the most sought-after resort locations in the United States."
According to the current issue of Personal Real Estate Investor, the company bought 110 lots in Mountain Meadows at about $140,000 a piece "versus the projected market rate of $250,000." This strategy "amounted to much-needed capital for the developer and then yielded the lowest price point for NuWay members in a desirable second-home resort community," the article said.
The people filing the lawsuit allege that Nu Way agents:
Represented the house/lot parcels as "no risk" investments.
Misrepresented the equity the investors would have once the homes were built.
Told them they'd have no difficulty selling the properties.
Misrepresented the demand for properties in the subdivision.
Told them they could quickly "flip" their properties and make hundreds of thousands of dollars
Told them the developer would buy back the properties.
Told them the possible risks and profits had been thoroughly researched.
Told them Nu Way had extensive and unique real estate investment experience that eliminated the need for the plaintiffs and other investors to undertake their own due diligence.
Pressured the company Rivers Edge to overstate the properties' value in appraisals.
Two plaintiffs, Alan and Christine Wilson of Carlsbad, Calif., said they learned about Mountain Meadows at an April 2006 real estate investors seminar called "Massive Passive Cash." After signing a contract the following month, the Wilsons allege, they learned in October 2006 that the monthly income figure on a retyped loan application had been changed from $12,500 to $35,000.
Another party in the lawsuit, Denise Kamenzind of Victor, alleges that in July 2006 she called an agent for Eagle River Mortgage to express concern about the difference in monthly income she stated on the loan application and the monthly income figure the company's agent had submitted to the lending company, First Horizon. According to the complaint, the agent told her, "$28,000 a month is your current potential future income. I wouldn't worry about it. I've never seen it become a problem."
The Teton Springs development dates back to 2001. Most of the homes have been built on half-acre to three-quarter-acre lots, and property owners have had the flexibility to bring their own builders in.
With Mountain Meadows, a more high-density project, the deal was for Nu Way to be the sole agent and Headwaters to be the builder.
Teton Valley, Idaho, has gotten press from such media as USA Today and CNBC as "the quiet side of the Tetons," where property was relatively cheap in comparison to Jackson Hole, on the other side of Teton Pass.
Staff writer Paul Menser can be reached at 542-6752.