What it sounds like to me is that they started raising money for this project under the false pretense that they actually owned the thing. Which apparently they do not.
I call Cedar Point my home park even though I live in the Chicago Suburbs.
It sounds like the seller decided to renege on whatever deal was originally made. Was the sale price more than what the buyers had on hand? But I thought payment had been made for the agreed price.
I don't see that this is fraud in the sense they were deliberately taking money from people like a bogus charity. All indications were that a deal had been made, and now it appears it hasn't. If anybody wants their donation back, just ask for it. It's not like anybody's going to get too far away with $384. And BTW, who is really going to post on their website "we've been asking you to give us money to fix up a structure we don't really own, cya bye"?
If title to the property had not passed to Kat and her partner - then she did not legally own the property in question. Stating that they owned it is a lot different than stating that they were "Going to" own it.
From Kat's website -
“After two weeks of negotiations, a sale was finalized on September 30, 2010 and Harold Garmonsway and Kat Jones were named the new owners of the coaster.”
Now - whether Kat and her partner have a case in court against the current owner is yet to be seen -
Did she have good intent? yes I think she did. Did she execute that intent properly? no I don't think so.
A bill of sale would serve as a "Title" in this case.
Someone who is a private property attorney in Ohio may be able to embellish -
http://www.savethebigdipper.org/2011/01/11/final-update/
Sounds to me like that crazy guy who owned/still owns the coaster is... still crazy.
I call Cedar Point my home park even though I live in the Chicago Suburbs.
Alvey is so classless. He had people donating $1 just so they would have to be refunded. Seriously? That's pathetic. And he's been so rude and crass over this whole thing. You'd think after 3 marriages and 100 kids that he would act his age, and not 12.
It looks like 2 people that really didn't have a clue as to what they were doing, but had good intentions got in over their head. If what was posted is totally true, and there are obviously 2 sides to every story, it still seems like the owner (Mr. Woosom, or whatever) is a nut. But I think we all figured that out a long time ago.
Ok - I retract my previous statements based on this explanation - it is unfortunate that this has come to pass....
Soooooo . . . Kat now says that they are forced to break the agreement because they have not received any paperwork since they made a down payment (even though until this last update, they claimed they had already paid for and took ownership of the BD).
Are you telling me that they handed over money on what seems to be a pretty significant purchase, without any signed paperwork, or lawyers to back them up? They thought a VERBAL agreement was enough??
**Hey Mr. Used Car Salesman: Here's a $5,000 down payment for that shiny truck. No, don't worry about signing anything or giving me a receipt - I trust you and will just pick it up next time I swing by.**
Then to make things exponentially worse, they solicited and accepted donations for something they had no actual title or legal ownership over? Isn't that fraud?
Why do I have a feeling that their lawyer is Lionel Hutz!?!
I thought that it said on the linked Blog post that they expected to receive the title of the coaster after paying a down payment, per contracted agreement.
I could be wrong, but I am not going to go back and read it again.
-Travis
www.youtube.com/TSVisits
It wouldn't be fraud unless they intentionally tried to defraud someone and I think it's pretty obvious that wasn't the case. I honestly think they were in over their heads, well meaning, but didn't think/plan things our, or get a lawyer or some type of legal representation to help out from the get go.
Travis: You could be right. I've read over it several times, and can't make heads or tails out of what's really going on. I originally took it as they were giving up because they blindly sent Woosman the down payment without any type of signatures, legal documents, etc. and got burned because they have no proof of anything.
However, I suppose it's just as likely (if not more so) that they simply ran out of the money they would need to fight him in court.
Whatever the truth is, I think everyone can agree with Tek - its been shown over and over that they were in WAY over their heads.
Too Bad
Well if there is any good news in this I would say it's that the original owner will no longer be able to remain anonymous, right? Now maybe the enthusiasts can "get him" like he feared all along. *sigh*
"If passion drives you, let reason hold the reins." --- Benjamin Franklin
And if everyone had listened to Tek in the first place, who had been saying that it seems like everyone getting involved didn't quite know what they were doing (and were in over their heads), the world would be a better place.
Remember this lesson, folks, Tek is ALWAYS right.
;)
This just in -
http://www.savethebigdipper.org/2011/01/13/additional-donations/
Don't people have a life? This is equivalent to ringing doorbells and running off the porch...
I had the impression that the seller just changed the terms of payment, outside of the contract. That begs the question... Where is the contract?
Jeff - Editor - CoasterBuzz.com - My Blog
Closed topic.