This isn't the first thread on the subject. It's been talked about since late last week. Mitch deleted the original thread out of respect to the individual. That should say a lot about Mitch's character IMO.

There could be a hundred view points on this whole subject. He said, she said. Should have, could have, would have and all that. Bottom line, where I come from you can look a man in the eye and take him for his word. I realize that's a novel idea to some, but it's still pretty much law around here.

Buck

I fully agree with you Buck, thats the way it should be and the way it is with me. However, thats why I've been burned before. I'd much rather make a deal, shake a hand and then do what you said you would do. That's contract enough for me. Its pride, its responsibility, it honor. But, there are low-life scum bags out there that couldn't care less about honor. Mitch ran into one and I've run into them also.

The bottom line is, it's a crap shoot taking anyone you don't know real well at their word.

I am glad that I didn't pursue that boat.

I know the guy and the boat. He runs out of Bonnie Castle in A Bay, Thousand Islands. Becca should know who he is too, I don't know how personal though.

To bad I missed the first thread.

I always liked the boat, less the cheesy pather

When selling or buying an expensive item and a deposit is needed, you have to get it in writing and spell out the terms. It can be as brief as:

Deposit of $2000 is refundable if buyer cancels within 72 hours.

Deposit is Non-refundable if buyer cancels for any reason.

If you have this document in your hand and present it to a judge, he will most likely go for what it says. Judges always lean to the consumer who has something to lose. In this case, it would be Mitch.

I feel for Mitch and I understand that he's pissed and I hope he gets his money back, but you just can't trust everybody.

Because there are unethical people out there, like this guy, you have to get it in writing to protect yourself.

I'm not picking sides here, just my 2 cents.

Absent and agreement to the contary, I think that a Court will require that he return the $$ unless he can show that his reliance upon the proposed purchase caused him to miss some substantial opportunities.

I am not criticizing Mitch but what exactly is the sellers motivation to accept deposits and hold off other buyers if the depositing buyer can just change his mind and walk away?? What benefit does the seller get from accepting the deposit? I guess my concern is that had the seller sold the boat out from under you would you be upset as well?? Of course! So what is the reasonable resoloution to this ? I am not sure, but I would never give a deposit without a complete understanding of the nature and cancellation conditions of the deposit, and in writing. The writing portion always gives you the ammunition if going to court is necessary.

If he has sold the boat since then for the same amount he would need to return the $$, if he has sold it for less then he may have a issue, and if he has not advertised since then it would appear that "no harm, no foul"......

What up Rock!!? Goin' boating today if she's done!!

This reminded me that I just went through this a few months ago with a client that was buying a boat out of the great lakes area. He found the boat and made an offer to the dealership on this very special and "rare" boat. The dealership accepted the contract, took a deposit and claimed to have removed it from the market. Come to find out the dealership continued to market the boat and while my client was arranging to get a survey the dealership sold the boat to another buyer offering more. Was the dealership wrong? Of course! Was this actionable? Hell yes! But my client decided not to pursue it because someone here on the board bought the boat and he did not feel like causing a bunch of litigation with the dealer, only to result in the other OSO member getting punished. This was with a written contract!! This BS cuts both ways.......

Mitch I think this one is not going to be as cut and dry as you think. Unfortunatly you will show up to court and say that there was a understanding that you could have your money back. He is going to show up to court and say that this was a non refundable deposit and that you knew that and that he missed selling the boat to TONS of other people yada yada yada..... I am not sure were you filed in court (near home or in NY) but if you had to file in NY then I would say that it may not be worth your while. Some times you just have to walk away from screwings like this. I just had to walk away from a 20,000 buck screwing that I got from a customer and so far I can not even get my tools and extra product back that is in his house!!!

Jon

That raises another issue..... you may not be able to file this suit in Michigan. For jurisdictional reasons it may require you to file in NY. You may get into a cost benefit analysis to decide whether you are going to spend the $$ and time to litigate this in NY.