Oh he's that type of guy alright!

This is a legitimite question but not inthis case.Heres why,

A contract was signed by LDD for a 32 fountain one week before Prostock sent him a deposit for the 30' cat.This loan was a high interest 30 day note that had to be paid in 30 days.This is why LDD listed the cat for sale in the first place so that he hoped to sell it and pay off the debt.Then when Prostock showed interest in the cat LDD drew up the time line of the contract so that he would have the money in hand in time to pay his previos debt off.So the day after the contract ended and the last payment was not made because of questionable damage that was not disclosed,a payment was offered in full so not to lose the 2000.00 deposit.Further dealing were denied by LDD because it was past the due date.Now LDD had to short sale the boat to pay off his previos loan so as not to get hit with interest.I dont understand why he just didnt eccept the offer in full and we would never be here.SO the short sale on the boat should not be held against Prostock!!

i would be sooo afraid of guy that wrote a contract like that, he just means to get you, i flew to Texas to buy my boat what a stand up guy that i bought the boat from, i just have a saying , what goes around comes around, u must feel good about keeping some 1 dead dads money, i hope u feel Proud !!!!!

Long Duck Dong agreed to buy a new 26 Joker from me. Told me the deposit was on the way , deposit never sent. He then put MY 26 Joker on e-bay with no reserve(he never owned it). It went cheap to some poor soul and the guy that won the bid never got his boat. I tried to warn you guy's last year but the thread got deleted!

Ive been reading this thread and I feel really bad for Prostock I understand LDD is going through a divorce and times might be tight but after reading LDD's posts over on BF and seeing pics of his new bachelor pad and seeing the $ he seems to have why wouldnt he just send back the entire 14k.

check out his thread !!!!!

http://forums.boatfreaks.org/showthread.php?t=11558

Actually its unjust enrichment, and you are correct. In my personal opinion, and not offered as legal advice, I would argue that the clause is a penalty and not liquidated damages and that as such, the same would not be enforceable in many jurisdictions. I do not know where this transaction took place, and I do not know the laws of other jurisdictions, but I can attest for the fact that it is a general principle of law that courts do not favor penalties in contracts nor will they enforce a contract where one party is unjustly enriched. I agree with many on this board, that LDD should return the money, LESS a REASONABLE retainage for liquidated damages (which could be measured as the difference between the original sales price and the Ebay price received, if any).

PS85 - talk with an attorney in your state or the state in which the boat was being sold. You may have a cause of action.

:food-smiley-007:

You have got to be kidding! :mad:

I bet he was praying for that day to come w/o payment in full.

http://forum.ih8mud.com/merchandise-...ed-time-3.html

READ THIS. RIPS OFF MORE KIDS!

Sounds the same... but it is spelled "preying."

I cant beleive this!!!!!! 5 more victims.Somone needs to stop this guy.....