i'd take 12k and call it a day.
i'd take 12k and call it a day.
PS has an attorney in AL he has been speaking with.But no retainer sent to this lawyer yet.Does anyone know a really good AL attorney????Please PM me or PS and let us know.I really want him to have a bull dog right in his back yard.He also has two other non local attorneys working on other aspects against LDD so they will continue as well.
Stainless,I think you are right,best for everyone,but I made my comment because I don't think anything short of court will make LDD move.Best case scenario,yes,12K and walk away,but I doubt it will happen.Sad for both sides,good for the lawyers.
for $12K I'd settle......otherwise I'd go to court. Seems he's got a good case for at least that amount....$14K isn't unlikely.
5-6 years ago I had a customer stick us for $56K. The problem.....they lived on a 50+ ft sailboat in the Carribean. 2 years later we found an attorney to go after them. He tracked them down, got them in court and then settle for our money, interest, and most of his fees. After the lawyer was done we still walked away with $53K of our original $56K.
Boatme -- its not a screen name, its a statement...but you're absolutely right I am immature. But dumb I am not.
and..no problem nordic95, I tired to change the screen name...but I can't. I definitely don't want to mess with the thread. The Admins can always change the screen name as well instead of killing the thread. If they do, my new name can be SumYungGuy.
For ProStock: From all the reading I did, it really seems like you may have to lose that initial $2k but not $14k. I think any judge will side with you. Just because something is in writing on what a person calls a "contract", that does not make it legal, even if you sign it. There are many illegal contracts out there, and this may be one of them.
Some main points:
Who was selling the boat? LDD or his auto dealership?
What is the good faith deposit exactly? $2,000?
Is it reasonable to keep $2,000 or $14,000?
What would be reasonable?
Was it the sellers intent to actually sell the boat, or to just keep deposit money?
Was it the buyers intent to actually buy the boat?
Was any sort of a loss incurred by the seller because of this transaction?
I think a judge will probably have a problem with the whole arrangement, and at most allow LDD to keep the $2000. But any sharp law man will see through everything and I think that its very likely that LDD may get to keep nothing, as he really suffered no loss from the whole arrangement, and it seems that ProStock actually intended to purchase the boat from LDD, whereas LDD did not seem to really have intent to sell the boat to ProStock. If I'm holding someones deposit and I want to sell them a vehicle, then I will make every reasonable attempt to fulfill my contract. I will communicate incessantly with my customer, and I will give him an extra couple of days to come up with money if he says he will. Especially if I already have in hand half of the purchase price. It may also be possible for ProStock to sue for attorney fees. Just be careful to choose a decent lawyer that will not charge an arm and a leg. This is a very simple case and should be settled quickly with the proper interpretation of contract law by the attorneys and the judge.
Last edited by FukLongDuckDong; 11-24-2008 at 09:07 PM.
I have a thought……………
LDD DOESN’T HAVE THE MONEY!!!!!!!
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