[quote=First Mate;316837]yeah right. what if they just scare you by being crazy? what's the court going to do to help you if they just aren't normal people? It wasn't much
money - just glad to get rid of the creep. What if he did something criminal just to get even with us? Personally, we don't have the nuts to fight with crazy people.
btw - he ended up selling the
boat for less
money than we tried to renegotiate, he had to fix the list of failed surveyed items, and he had to use a
broker to sell it. we were so glad we didn't buy that
boat from that horrible person. Saving a few grand to avoid broker's
fees is not worth going through court, Lis Pendes, etc. for us.
We have a life to live, not an axe to grind. If you have time and energy to take on a wackadoo in court to fuss over a few grand, more power to you.[/quote]
Duly noted;
1-We're pretty good at getting the pulse of the seller (& their level or grasp of SANITY) in a hour/two
inspection, albeit thorough & experienced, asking questions about the blatantly obviously repairs/upgrades, lack of same & maint. issues, hours on
engine, when
oil was last changed, checking dipstick "just to know", examining EVERYTHING...it's what get's done when it's OUR money...our eyes are wide open and we ALWAYS...leave to go have some lunch/dinner & discuss same before coming back in a "while" with that offer. IF we think they're loonytoons(no reflection on the
cartoon characters)....we don't even STOP for that meal...we simply point toward home & I set the
cruise control.
IF we entered in to a contractual relationship w/that FSBO Owner, WE provide the
contract & Deposit, in the form of a Check, and expect signature on that
Contract w/i 48 hrs, & a signed copy faxed to my business # along w/a confirmation
Phone call to further
work out the details of this exchange, including but not limited to surveyor's
inspection, report, contingencies for quotes regarding
repairs identified by that report, etc. IF they wanna back out, OR we wanna back out...that check is either stopped, or if cleared, followed up on in court, & I don't give a rats azz how "whacko" they become...our last deposit was for $5k. My
kids are grown & gone...I'll see them in small claims court and they'll PAY me, ESPECIALLY IF THEY'RE in fact "CRAZY". Judges aren't clueless & the more
documentation the better. IF the contract says if we opt to bail we're owed our $$$ back, It As a Contract entered in to by sane people at the time, SPEAKS as a document
for itself. They fly off the handle & become a raving lunatic in front of a judge...case closed. Getting the money back AFTER that judgment is a cinch.
As stated previously, didn't lose yet, don't expect to, ever, by going in to an Adversarial Relationship, focused around OUR Money and Their Representations of a Product with our (and contractually confirmed on their)
parts with Eyes Wide Open. Only a crazy or foolish person would seek to screw me&mine. We learned, BY prevailing the 1st time.
It's reasonably concluded that You had no idea of their "wackiness" prior the relationship process necessary for buying/selling, however Never, EVER give them Your Home Number, Address, or other vital information which would allow victimization, at the slightest inkling of Your suspicions which became reality (which some clue had to be out there at 1st meeting) I'd involve a buyers
broker also, IF we wanted the boat THAT Badly...which so far has been Never.
There's No WAY somebody is walking away w/Our Hard Earned Money, formerly, now, or in the future; annoying, nutjob, or otherwise. Not without a JUDGE telling me we were in the wrong. Agreed, for You, walking away was an expensive yet tolerable option. It's not for us.
Hopefully others learn from both our positions and enter/pursue this process with more education for potential pitfalls (including emotionally/mentally unstable SELLERS).
There are no "wrong" answers for a dilemma such as Yours' presented either, imo, just those outcomes we Can and Choose to live with. For some folks a couple grand down a rat hole, versus tons more w/boat probably "sabotaged" after the fact is a Very Smart Move. We try to find out their personal life situations (going thru a nasty divorce,
lost spouse, was the spouses/parents' boat, etc.) by simply asking questions. We can't afford to throw away money & won't. We also, like You, caught in the RIGHT mess would likely do the same thing & call it 1 heluva well learned (& expensive) "life" lesson.
Peace,
-Mick