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No boat, can't get deposit back!!!!

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M

mrstchr1

Guest
Hi. My sister and her fiance signed a contract with a private individual for the use of his 30' sailboat during this summer in Massachusetts. They paid an $850 deposit and signed a contract which stated, in part, that they would use the boat no later than May 31, every other weekend, until early Sept. They also agreed to do some of the repair work (which was extensive) on the boat.

As of early June, the boat was not in the water, and they spoke to the man about getting out of the contract. He agreed completely as he knew he would not have the time to get the boat into the water. However, they have not yet received their deposit of $850. They tried calling, amicably, and also sent 2 letters requesting the return of their deposit. They had received no response from him.

They have now filed a claim in court. He received the letter from them stating their intention to sue for the money and he called leaving a very belligerent message threatening them (not physically) and saying they owe him $3000 (the rest of the boat payment). They are getting married in September and this is the last thing they need. Do they have a good case? They have the contract, cancelled check, and copies of correspondance. Thank you, Jo [email protected]
 



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