Havasu dealer sued for withholding payment
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Join Date: Apr 2013
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This does feel a little National Marine 'ish. I guess the main difference is that Bill was selling boats that he took in trade and never paid off the previous lien holders. End result is the same. Somebody is getting screwed and the dealer is pocketing the loot.
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Location: 29°50'49.74"N 95° 5'17.55"W.......TEXAS
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OCM, Frisina, and I entered into a contract where I released OCM from future liability in exchange for the funds to be be put into an escrow account that I controlled. As part of that contract and discussions between Frisina and myself Frisina agreed to complete the boat with an initial advance of fifty thousand dollars which I wire transferred in early February 2013. Three weeks to the day Frisina called and texted me a minimum of twenty times pleading with me for an additional thirty thousand dollars. My biggest mistake was releasing this additional thirty thousand dollars. After releasing the additional funds I receive a blocked call from an individual informing me about the boat having the Spectre logos which were part of the paint job removed. I call Frisina obviously upset and am told that " I don't fuc*** sell Spectres anymore, take it or leave it". So at this point the boat is badged a Spectre on the custom interior from PPI, has custom Spectre gauges from Livorsi, and all the panels say Spectre, but has a new painted logo saying Sonic on the exterior. The logo also looks like a third grader painted it on the boat. Chris Dilling is long gone at this point and who knows who painted it. Bottom line, when I refused to release anymore money to Frisina before the boat was 100 percent complete ( which now is a much smaller balance since I released the additional 30k I shouldn't have) Frisina tells me that if I don't pay now he is changing the COD to nearly double. Now here is where you all say " but how can he do that? It should be in the contract". Your right, it should have been! The problem is that Frisina owed me a large sum of money for the period of time that I worked for him. After receiving zero compensation after two months I went back to running my own business and no longer worked for Frisina. Frisina didn't want to write the check for the money he owed me and we agreed to put those funds in options for the boat. So these items are not listed on my paperwork from my original deal from OCM. I do retain all the texts from Frisina and myself and the copies of the wire transfers for everything stated here and these are 100 % the facts.
OCM was released from all liability in an agreement between Frisina, OCM, and myself. Tim/OCM did his part and is no longer part of this mess. Tim/OCM has been cooperative and friendly when I still have questions about this matter and I would like thank him for that. In hind sight Tim/OCM was never any part of the problem although I was lead to believe different. Thanks for your continued help Tim!