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Old 08/09/2006, 03:49 PM
cschweitzer cschweitzer is offline
President emeritus, ORCA
 
Join Date: Feb 2005
Location: UCF area, Orlando, Fl
Posts: 3,086
Thank you for explaining your sides a little better. It depends on who is telling the actual scenario, but it seems like there was either miscommunication or misunderstanding of the terms of agreement. If they are not set in stone, the deal should be dissolved. A deposit is usually set and contractually agreed upon in terms prior to sale occurring. Deposits, unlike how Mike has put it, are many times refundable or percentage refundable if deal falls through. If none of these arragements were made prior to deposit being left, the terms are not clear. If terms of a deal are not clear, we should at least be able to agree it was not a formal deposit and it was not a formal agreement of terms. If terms are not met by both sides, the deal should be put off. I still think, in any of these cases, if he did not receive the product, he should be able to get refunded for the deposit. Besides, Mike, there was no contract, no contractual agreement that states anything involved with this sale's deposit. No contractual bindings, no deposit. I'm not legally involved in this case, but it would prove who is the bigger man if you would just give the deposit back, Dan. I'm not saying you are wrong, I really don't know from your posts and discrepencies in time frames. Next time, in your pms, agree on a refund or lack thereof before beginning a deal. Whenever I trade with someone, I work out what will happen in the event of a loss or such. With purchases I attempt the same. I make sure we discuss the major problems that can arise. I guess you don't have to return it, Dan. If not, KK, try to continue your attempt to regain the money legally through PP and Visa. If nothing comes of it, live and learn. $100 isn't that much in the long run and after this, make sure to carefully describe your attempts of any more deposits.

What would you guys say to a compromise, maybe a 30% fee for the holding of the product and an 70% return to the person for no receipt of the product? Not saying that is proper or right, just an idea with some figures I came up with off the top of my head. Kind of the same way it is with a hotel...If you cancel before a certain time, you a percentage back. Again, I am just trying to make it so noone gets screwed.

Another idea is just to give me the deposit and let me put it into a financial investment(me) J/K. How about a donation to RC or to MACNA or something reef related. Heck, that way you can write it off on your taxes at the end of the year.
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