View Poll Results: Who Thinks Long Duck Dong should be Long Gone from OSO
Long Duck Dong Stays
11.98%
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Old 11-06-2008, 03:11 PM
  #21
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Quote:
Originally Posted by nordic95 View Post
Yea sad part is Kid is out 14,000.00 on a boat he dont own because of this guy.
$$$$$$$$ 14,000.00 that suks
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Old 11-06-2008, 03:16 PM
  #22
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in any sale i have ever done, whether it was the buyers fault, the banks fault, his momma's, or any fault, i have ALWAYS given the deposit back, even if the supreme court would rule i had every right to keep it based on contracts and emails and even recorded phone conversations. I just think its the right thing to do.

In this case, (this is just example numbers), but if the original agreement with prostock and LLD was say 22k, and prostock gave a 14k deposit.......... when it didnt work out and the boat sold somewhere else, the LEAST LDD could do is give back the difference in what he lost in the new sale... in other words if he sold it on ebay for 20k, then he only took a 2k hit, i would think surely the other 12k should go back to prostock....
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Old 11-06-2008, 03:24 PM
  #23
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Keeping the whole deposit Steve is totally wrong and would be hard to sleep at night U would be all over the phone if it was U at the deposit end ...I've overheard a few of your phone calls when deals went sour on ebay .. Can you say KARMA ?????????????????????
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Old 11-06-2008, 03:47 PM
  #24
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Looks to me from the contract the there was really only a $2000 non-refundable deposit. There was a $12K partial payment made after the deposit. How much did you sell the boat for? Where there any additional costs incur to sell the boat? Do the right thing and refund the difference. Anything else will result in bad karma. Just ask Earl!
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Old 11-06-2008, 03:51 PM
  #25
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Quote:
Originally Posted by AIR TIME View Post
That looks fine to me, it states boat as is. Idid not see the other post but its looks like a judge would go with steve . artie
I won't repost the possible issues but:

If you like that contract I highly advise you to seek legal council before you transact business.

It has a number of possible issues. Not saying it wouldn't stand up in court but I wouldn't bet my mortage on it either. I've seen much better contracts not hold up especially considering the amount of loss versus the sale price.

As I also said before the buyer was an absolute idiot to sign it.

I will say if prostock wants his $$ back and the seller disagrees, that's what courts are for all others should just watch the show.

Last edited by Von Bongo; 11-06-2008 at 04:04 PM.
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Old 11-06-2008, 03:51 PM
  #26
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If anybody familiar with contracts reads that contract (which is a really bad contract btw....) there is a distinction of "good faith deposit" of $2,000 versus a second deposit of $10k.

Only the first "good faith deposit" is clearly defined as non-refundable.

Somebody tell the kid to go to court and get his $12,000 back.

That was easy.

Next case please.
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Old 11-06-2008, 03:54 PM
  #27
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Quote:
Originally Posted by BajaFresh View Post
Looks to me from the contract the there was really only a $2000 non-refundable deposit. There was a $12K partial payment made after the deposit. How much did you sell the boat for? Where there any additional costs incur to sell the boat? Do the right thing and refund the difference. Anything else will result in bad karma. Just ask Earl!
I didn't see that before you posted.

I totally concur.
Although there was ONLY a provision for the 2k.... there was no provision for mitigation of damages incurred in relisting, so any judge worth his/her salt would probably rule that the 2k WAS the mitigation of losses incurred by a non-sale to the depositing party.

This one was really easy.

Steve... you need a better lawyer, a better contract, a check for $12k made payable to Mr. Wilde and a conscience.
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Old 11-06-2008, 03:56 PM
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This is what they call

"foisted on your own petard."
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Old 11-06-2008, 03:57 PM
  #29
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Quote:
Originally Posted by fund razor View Post
If anybody familiar with contracts reads that contract (which is a really bad contract btw....) there is a distinction of "good faith deposit" of $2,000 versus a second deposit of $10k.

Only the first "good faith deposit" is clearly defined as non-refundable.

Somebody tell the kid to go to court and get his $12,000 back.

That was easy.

Next case please.
OK Judge Judy!!!!!
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Old 11-06-2008, 03:57 PM
  #30
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Oh... I almost forgot Steve.... you also owe him 6 months worth of interest on 12k. Plus court costs. Plus his attorney fees, depending on the state.
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