Firefox,
I think the bigger issue in this thread is not the contract, it is where peoples morals are these days. LDD should know keeping all that money is not right and if he doesnt than he is a damaged human being.
Quote:
Originally Posted by danh63
I agree! It seems like he would do anything to screw someone over. My dad was like that. He died a lonely old man
It's called "Karma" and Karma is a bi tch
Last edited by 29Firefox : 12-11-2008 at 09:18 AM.
The amount LDD sold the boat for to a party after his dealings with Prostock has no bearing on the monies Prostock will receive back from LDD for their supposed transaction.
That was LDD's choice to sell it to someone else for less.
Your still missing the point. The Donger can claim that he was damaged by the fact that Pro failed to comply with his "contractual responsibilities" and the "damage" would be the difference between the agreed upon price and the actual sale price. You can say it isn't so a million times but that fact isn't going to go away. But!!! by not refunding the difference the Donger has damaged Pro. So the remedy is to have Donger give Pro back the difference. It's a screwed up ending but when stuff like this happens in life the remedy is usually as screwed up as the situation.
Stand up wind and let em get a wiff of that wad of C notes. When they start sweating it's time to start haggling. When ya want put a hurt on em start to leave with the money
Last edited by 29Firefox : 12-11-2008 at 11:57 AM.
does the fact that LDD damaged the boat and didnt tell prostock about it AT ALL mean anything. After prostock sent the money he had to read on a boat forum about the new undisclosed damages?
Firefox, now you are talking some sense. I agree that the cheaper route for the both of them would be to work something out. I think both parties here realize that there will be a split and chances are the lawyers will get that split. I hope that LDD can make an offer that is fair to the both of them.
At this time there is obviously a lot of opinions going around. Most (now myself included) this I'm an idiot for signing it. There is no doubt I had faults in this situation, but I don't believe they were worth 14K though.
I could do what others including Firefox stated, paid up then sued over damages in small claims court. There are a few problems with the suing after the fact. For one, I would have to fight in Alabama, which makes it very difficult for my travels, especially when the other party just has to call out to have it postponed last minute (wasted trip). And second, if I were to win, Alabama has a maximum $3000 payout (rumored). I never thought waiting till I went there in person would have turned into this..
At this time there is obviously a lot of opinions going around. Most (now myself included) this I'm an idiot for signing it. There is no doubt I had faults in this situation, but I don't believe they were worth 14K though.
I could do what others including Firefox stated, paid up then sued over damages in small claims court. There are a few problems with the suing after the fact. For one, I would have to fight in Alabama, which makes it very difficult for my travels, especially when the other party just has to call out to have it postponed last minute (wasted trip). And second, if I were to win, Alabama has a maximum $3000 payout (rumored). I never thought waiting till I went there in person would have turned into this..
Most, if not all of that post is incorrect. Possibly small claims court has a max of $3k, but even for small claims, that seems low. Your case would not be a small claims; you need to get a saavy attorney and get moving.
If he doesn't show up for a disposition, arbitration or scheduled hearing/court date, it would not help his case; in fact it could severly damage his case. Just call an atty.and discuss the case in full.
In the end, you both lose and attorneys make some coin.
I've been through a few lawsuits on both sides in biz deals. The last one the other party lost 70k, I lost six figures, and the trustee, lawyers, accountants and auctioneers ALL made $$big money$$! Money from sale of assets that my business(& me personally) created/built.......Settle it out; or u both lose, period.
all law and court business a side. It is just a bad thing. To take advantage of this deal like he did. He trusted and got burnt.
Here is the deal on when I bought my boat. I now know it was stupid but it turned out good and I trusted and the other person was true to his word. Bought the boat signed over my one Harley and made the first payment before I ever saw the boat in person. The only thing that wasn't there was the bimni top. I am a very trusting person because I am a man of my word and would like to think that most are also. This just shows you and taught me that I needed to change my ways
32' Fever, 30' Chris Cat (SOLD) & 27' Lazer (SOLD)
Quote:
Originally Posted by prostock85
At this time there is obviously a lot of opinions going around. Most (now myself included) this I'm an idiot for signing it. There is no doubt I had faults in this situation, but I don't believe they were worth 14K though.
I could do what others including Firefox stated, paid up then sued over damages in small claims court. There are a few problems with the suing after the fact. For one, I would have to fight in Alabama, which makes it very difficult for my travels, especially when the other party just has to call out to have it postponed last minute (wasted trip). And second, if I were to win, Alabama has a maximum $3000 payout (rumored). I never thought waiting till I went there in person would have turned into this..
I and I assume many other were under the impression that you had already secured legal counsel and were in process of coming after me? Appearantly this is more smoke and mirrors as to whats going on....None the less had you followed through with your contract you claim you'd have to sue me in Alabama for the damages you claim were undisclosed (dock rash). The fact is NOW you still have to sue me Alabama, so whats the difference if you would have followed the contract?....NONE....
Quote:
Originally Posted by danh63
all law and court business a side. It is just a bad thing. To take advantage of this deal like he did. He trusted and got burnt.
Here is the deal on when I bought my boat. I now know it was stupid but it turned out good and I trusted and the other person was true to his word. Bought the boat signed over my one Harley and made the first payment before I ever saw the boat in person. The only thing that wasn't there was the bimni top. I am a very trusting person because I am a man of my word and would like to think that most are also. This just shows you and taught me that I needed to change my ways
All bogus and bullsh*t assuptions aside.....I KEPT MY WORD! I did EXACTLY what I said I was going to do on the contract you idiot's....Its in writing, what part of that cant you dumb mother f*ckers read? Deadline wasnt met, no phone call or email for 2 1/2 days to make other arrangements on Saturday or Sunday....he defaulted.....you may not like it, may not agree with it, but facts are facts.....I made an offer to refund the difference, made an offer for additional money, he declined my offer.....
A LOT of time has past, still a little huff and puff but no action, just all talk!
Last edited by long duck dong : 12-12-2008 at 07:05 AM.
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