Epic Associates 84-III, William C. Griffith, Jr. - Page 55




                                       - 140 -                                        
                  In passing, we note that their appraisal of the 40                  
             units of the Reflections condominium complex is accompanied              
             by a memorandum, discussed above, in which Messrs. Dalton                
             and Ramos point out that this "wholesale value is 30                     
             percent lower than EPIC's projected retail value" of the                 
             condominiums, "$3,000,000", and they suggest that the two                
             values are within the range of what would be expected.                   
             Messrs. Dalton and Ramos also state that EPIC over-                      
             leveraged the condominiums "by financing the properties at               
             their retail price", and they note that "EPIC financed the               
             Condo’s at $3,000,000".  Thus, their memorandum implies                  
             that the sum of the retail values of the condominium units               
             is $3,000,000 or $48,000 less than the sum of the contract               
             prices of the condominiums, $3,048,000.                                  
                  It is evident from the above that the threshold                     
             question in these cases is whether the condominiums should               
             be valued on a retail basis or on a wholesale basis.  If we              
             decide that the condominiums should be valued in the retail              
             market, then it appears that the fair market value of the                
             condominiums exceeds the amount of debt.  This is true                   
             whether we base the retail values of the properties on the               
             contract prices, as argued by petitioners, or the retail                 
             prices implied in the reports of respondent's appraisers.                
             On the other hand, if we decide that the condominiums                    






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