Long Duck Dong
 

Hey Steve that was quick that you erased your thread already.I guess you see that people dont agree with you on your so called CONTRACT.I had just typed a four page response to you questions but didnt have time to post it before you ersed the thread.So you tell me,should I tell our side of the story???

Nordic95

:hitfan:

guy is a tool anyways. sux this happened....

:food-smiley-007: do tell!

Yea sad part is Kid is out 14,000.00 on a boat he dont own because of this guy.

let's hear it:party-smiley-004:

that is crazy. read the other thread... he should man up and send it back.

I saw the first 8-10 posts......Not knowing any of the circumstances I'd be inclined to at least give some of it back, if I truely felt jerked around the amount returned would diminish. Sometimes what's legal and what lets me sleep at night aren't the same thing.

but what the hell has taken 4-6 months to get this out in public and un-resolved.


I once took a $1,500 deposit on a piece of land ($28,000 sale). Before closing there were rumors of a potential landfill 3-4 miles away on a different road. The buyer was concerned so I agreed to wait it out another 60 days. Nearly 3 months after I recieved a deposit, they backed out. I had to re-list the land and ended up selling it a few $$$ less than I did the first time. The landfill was never built, the first buyer never saw his deposit either.

Lond dong duck,

Step up and give the kid his money back.
Do the right thing.

Ok so I'm confused, was there a contract? Did it say in the contract "no money would be returned if the deal fell through"? Did Long Dong try to make contact with the guy? And get no answer for weeks/months? Did long dong ask for 50% down or did the other guy just give it? Typical down payments are like $2500-5000 depending on price....Why was so much put down?

Listen,


As you guys can tell Im trying to do the right thing and have this situation defused before it had to go before a lawyer and or out in public.A lot of people know me here on this board and I feel I am a stand up and honest guy.When I heard this story I felt compelled to try and help out a fellow boater.I have spoken to all parties involved and have all the posts,e-mails,ect. to form my own opinion of the matter.Long Duck Dong bought this out in public on his own and then erased the thread when people started to tell him he was wrong.I will not post any info till the time is right.

Thanks Anthony R.

Here is the contract in black and white...

Nordic95 you can make any assumption you want....its in black and white with his signature....

Remaining balance was not in my office on 6/13/08 as agreed, buyer looses deposit as specified in the contract...

BTW....Where is Prostock85 in all of this? why cant he speak for himself? who shoved their arm up your @ss and made you his puppet?

You can make excuses and claim damage to the boat, trailer, or whatever....fact is payment was not here as agreed......I offered to return a portion, but Nordic refused my offer....I'll wait to go to court

I was just thinking,Is there a lawyer on the board who is a boater and would understand the pickle we have here?I would like to have a third party lawyer that is not associated with either party look at the evidence and guide these individiuals to an agreement that works for both of them.

PM me or call

1-732-921-3355
Anthony Rogosich

Here you go again out in public.Dont you understand I am not against you but trying to help both of you.You really just dont get it.

Anthony

Yeah....ok...

Whats on paper is the FACTS...when you distort it with claiming undisclosed damage then people come to your rescue, but as you said on the phone you have the pics that show the damage....I have the original emails sent between buyer and seller that show the damage....Unless your buyer is SOOOOO stupid he would not only sign the contract but buy a boat completely sight unseen with no pictures....Come on buddy get a clue....

What you offered was an insult.

Why resort to name calling?

I'll take my chances and wait it out.....

calling you buddy?...

The contract is one small piece of evidence in this issue.Please send me what you said you would and lets not go here with this till I receive your info.

Thanks

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

Agreed...But where is Prostock85 ?? Why can't he say anything on this situation.

$$$$$$$$ 14,000.00 that suks :angry-smiley-038:

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....

Keeping the whole deposit Steve is totally wrong and would be hard to sleep at night :rolleyes: 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 ?????????????????????:cool:

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! :eek::D

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.

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 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.

This is what they call

"foisted on your own petard."

OK Judge Judy!!!!!:evilb:

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.

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....

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.

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.

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.

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

Part II
http://www.youtube.com/watch?v=EuAVgWJ28Hw

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.

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