Offshoreonly.com

Offshoreonly.com (https://www.offshoreonly.com/forums/)
-   General Boating Discussion (https://www.offshoreonly.com/forums/general-boating-discussion-51/)
-   -   Dealer won't fund Factory, Need Advice (https://www.offshoreonly.com/forums/general-boating-discussion/289078-dealer-wont-fund-factory-need-advice.html)

Chuck 12-19-2012 02:32 PM


Originally Posted by c_deezy (Post 3834532)
Why would somebody that lives in NY, 'sell'/trade a boat to a dealer that is in Oregon who is then 'brokering' a new build from manufacturer in Florida? The logistics seem pretty far out.

OCM is their only dealer and the only dealer who would take the boat as a trade towards something of lesser value. Maybe now we know why.

Chuck 12-19-2012 02:35 PM


Originally Posted by compedgemarine (Post 3834533)
I am no attorney but based on the values and the events this would be considered "theft by conversion" and at this value would be considered a felony in most if not all states. if you are tired of dealing with it just contact the states attorney and the police and let them do their thing. yes he can close down and change company names but it is hard to do business from a jail cell.

I will reach out to the Oregon Attorney Generals office. I hope your right and that I am wrong in thinking it is a civil matter.

huskyrider 12-19-2012 02:36 PM


Originally Posted by OldSchool (Post 3834462)
If that's the case, then just contact the authorities, have the guy arrested and let the judicial system take care of it because laws were broken by him stealing 185K. That would not be a civil matter.

If that's not the case, you're screwed...

In Texas this is completely a matter for civil court.
In our state you can pursue a suit and be awarded a "Summary Judgement" to invoke it you must also pay to file a "Writ of Execution". Chuck's correct, it doesn't mean you get the money on the spot, your simply in line to get paid, and it clouds his (OCM) credit terribly.
He might never pay it, ask the Goldman family how much they collected on the Judgement against O.J.

Chuck , I'm sorry but I disagree with you and completely agree with RebarBox.
Get an Attorney immediately, file a civil suit of ???Breach of Fiduciary Obligation??? (I'm no attorney but this is probably it)
The sooner you file your case as the Plainteff the sooner you'll get a mediator and it could most likely be handled without going into the Courtroom. It was OCM's obligation to the factory to advance such monies as received, to them (Frisini, Spetre) for construction purposes. Obviously, they did not fullfill their obligations on their end.
I equally hate me/my business filing lawsuits but if you let him off the hook you only screw yourself and other potential buyers.
Note, if you can come up with others, besides the one you now have, that are having the same situations, together you can file a class action suit and probably get it recognized as a criminal matter when it's determined to be an "Intent to Defraud Purchasers"
This will be a huge Felony criminal offense, and hopefully Oregon would prosecute it with much more vigor than we saw the State of New York handle theirs recently.

Good luck,
Kelly

TEAMBAJA 12-19-2012 02:38 PM

I just wish I had the money to get myself into a situation like this.

:drink:

pondrunner 12-19-2012 02:47 PM

Easy fix, old school...send out Paulie, Silvio and Christopher to "Take care of business"! Alot cheaper than attorney fees and more satisfaction! :angry-smiley-038:

Chuck 12-19-2012 02:53 PM


Originally Posted by huskyrider (Post 3834551)
In Texas this is completely a matter for civil court.
In our state you can pursue a suit and be awarded a "Summary Judgement" to invoke it you must also pay to file a "Writ of Execution". Chuck's correct, it doesn't mean you get the money on the spot, your simply in line to get paid, and it clouds his (OCM) credit terribly.
He might never pay it, ask the Goldman family how much they collected on the Judgement against O.J.

Chuck , I'm sorry but I disagree with you and completely agree with RebarBox.
Get an Attorney immediately, file a civil suit of ???Breach of Fiduciary Obligation??? (I'm no attorney but this is probably it)
The sooner you file your case as the Plainteff the sooner you'll get a mediator and it could most likely be handled without going into the Courtroom. It was OCM's obligation to the factory to advance such monies as received, to them (Frisini, Spetre) for construction purposes. Obviously, they did not fullfill their obligations on their end.
I equally hate me/my business filing lawsuits but if you let him off the hook you only screw yourself and other potential buyers.
Note, if you can come up with others, besides the one you now have, that are having the same situations, together you can file a class action suit and probably get it recognized as a criminal matter when it's determined to be an "Intent to Defraud Purchasers"
This will be a huge Felony criminal offense, and hopefully Oregon would prosecute it with much more vigor than we saw the State of New York handle theirs recently.

Good luck,
Kelly

I have consulted with an attorney in Oregon. There is no way that I would ever just let it go. I am waiting to hear from the other customer that is in a similar situation with OCM. He is from Ireland and it may prove difficult, but I will definitely inquire about a class action suit and possible criminal charges. Thank you for your reply.

Drock78 12-19-2012 03:09 PM

im still waiting for OCM to explain where the other $175k is and why it wasnt paid on the new boat as soon as the new customer bought your Nor-tech...

huskyrider 12-19-2012 03:28 PM


Originally Posted by Drock78 (Post 3834564)
im still waiting for OCM to explain where the other $175k is and why it wasnt paid on the new boat as soon as the new customer bought your Nor-tech...

You'd be best served packing your lunch box cause it'll be a long wait.
Any, reasonably smart, business owner will refuse to answer this question by taking the 5th.
IMO, it pretty obvious that they took these funds and used them for other purposes than what the obligated purpose was.
Personally, I'd love to hear his response too.

See ya,
Kelly

Pismo10 12-19-2012 03:33 PM


Originally Posted by antisocial (Post 3834218)
Since when does money that was going to purchase another boat that has a contract on it become working capital ? Thats a priceless quote.. I think its time to take a plane ride..

When the dealership is on the ropes and using any cash it can gets it's hands on to keep from going under. That's sounds like what is happening here.

PatriYacht 12-19-2012 03:48 PM


Originally Posted by mike tkach (Post 3834392)
chuck,im not a lawer or a cop,but if the nortec has a lean on it,i think it would be a criminal act for ocm to sell it to someone else without satisfying the leanholder,something is not adding up here.

Bingo! It's not legal to sell a boat with a lien on it. In a trade in situation, the dealer is buying your boat from you and then selling it to another person. You can't sell something you don't own.


All times are GMT -5. The time now is 03:47 AM.


Copyright © 2026 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.