View Poll Results: Who Thinks Long Duck Dong should be Long Gone from OSO
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Old 11-06-2008, 04:06 PM
  #31
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Fact is Prostock is still quiet, Nordic95 is doing the talking...

No one is bashing anyone here.....just a difference of opinion... Nordic is waiting to hear from legal counsel, Ive already been advised....

If it goes to court is goes to court.....we both have settlement offers on the table, we both are passing on settlement offers right now....
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Old 11-06-2008, 04:11 PM
  #32
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Quote:
Originally Posted by long duck dong View Post
Ive already been advised....

If it goes to court is goes to court.....we both have settlement offers on the table, we both are passing on settlement offers right now....
Just throwing this out there Steve.... do you happen to know if it impacts your credit rating when someone seeks and is awarded a civil judgement against you?

Maybe that is one to run by the counsel that you have retained in this matter.
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Old 11-06-2008, 04:14 PM
  #33
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Wait a minute.... you have a settlement offer on the table prior to litigating on the validity of the contract?

Ask your counsel if offering the guy a settlement was a de-facto admission that the contract is not binding.
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Old 11-06-2008, 04:32 PM
  #34
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Buyer looks for a boat...
Finds one online.
Never goes and looks at it.
Send $14000 to owner as deposit/payment.
Buyer never contacts seller after that?
WTF?
I'd like to hear prostocks side of that.
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Old 11-06-2008, 05:29 PM
  #35
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Quote:
Originally Posted by Stormrider View Post
Buyer looks for a boat...
Finds one online.
Never goes and looks at it.
Send $14000 to owner as deposit/payment.
Buyer never contacts seller after that?
WTF?
I'd like to hear prostocks side of that.
Yes. I wouldn't have sent anybody 14k sight unseen. But if I did, I wouldn't have waited 6 months to get my 12k back. Around here... we make personal, persuasive visits to reclaim 12k.

Something tells me that they should just go to court and this thread should be deleted. Our opinions won't sway Steve, and they don't matter in court.
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Old 11-06-2008, 05:29 PM
  #36
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If I wrote a check for $14K to someone and the deal fell thru for whatever reason I'd be calling them every day, probably like 10 times a day, show up and "meet" them etc. until I got my money back... I'd be like Stewey on Family guy!

So much time has passed and make a reasonable assumption the money has been spent...

If he wanted to file a complaint or get a lawyer involved doesn't he have to do it within a reasonable amount of time? Is 6 months too long to finally do something?

Personally I would give it back minus some "damages" but that's just me and I don't buy/sell stuff for a living.

http://www.youtube.com/watch?v=_AJ0SkbPxAk

Last edited by Panther; 11-06-2008 at 05:32 PM.
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Old 11-06-2008, 05:33 PM
  #37
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Part II
http://www.youtube.com/watch?v=EuAVgWJ28Hw
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Old 11-06-2008, 05:34 PM
  #38
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Quote:
Originally Posted by Boomer35 View Post
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....
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!
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.
I don't know any of you guys but these seem like what I was thinking.... I'm a car dealer and couldn't imagine if I was the seller on this deal.... The courts would hang me.... And then there's just good nature, seeing that the boat sold anyway, why profit from someones misfortune.... I've had a customer leave me a fairly large deposit for me to find them a specific car, when the time came that I found and purchased the car, the customer could not complete the transaction, at that point I held his deposit until I sold the car... He wasn't thrilled initially but it worked out for both of us as he got his money back and I still sold the car.
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Old 11-06-2008, 05:40 PM
  #39
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After the deal fell thru Prostock was so embarresed about what he had done that he didnt want to show face here and bring up the subject.He did however seek legal advice and has a lawyer that feels they have a great case.But he didnt have the funds to get the ball rolling so he has been waiting for Steve to contact him hoping he would send some portion back.I know it sounds silly but hard times were bought up and Prostock felt bad even to ask for the money till now.You guys would really have to read all the info to understand like I do.I do encourage any thoughts on how this should be handled.Trust me, when I had been taken by a member of the board I also was ashamed and didnt want to make a big deal out of it on here.But as everyone that knows me can attest I speak my mind and walk a straight line.So I did make a fuss and received a deal.Thats why I feel compelled to try and help these two parties out of this bind.

Thanks Anthony

Last edited by nordic95; 11-06-2008 at 05:44 PM. Reason: cant spell
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Old 11-06-2008, 05:42 PM
  #40
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Quote:
Originally Posted by 007joe View Post
I don't know any of you guys but these seem like what I was thinking.... I'm a car dealer and couldn't imagine if I was the seller on this deal.... The courts would hang me.... And then there's just good nature, seeing that the boat sold anyway, why profit from someones misfortune.... I've had a customer leave me a fairly large deposit for me to find them a specific car, when the time came that I found and purchased the car, the customer could not complete the transaction, at that point I held his deposit until I sold the car... He wasn't thrilled initially but it worked out for both of us as he got his money back and I still sold the car.
One party is a car/boat dealer here.
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