Let's hear this story backwards:
Defendant admitted that the advance deposits that Plaintiff kept on all sixteen units, and not just on the ten units Defendant said he had accepted, went toward the purchase price. Some people had paid advance deposits on the six units that Defendant claims he did not accept and Defendant admitted those people never received a refund.
Source of snip: IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE
Assigned on Briefs December 7, 2006
Defendent and Plaintiff: ROBERT W. BIBLE, D/B/A CHALET VILLAGE CHALETS v. TED MULLIKIN, ET AL. (Mountain Rentals in Gatlinburg)
The Problem: Ted didn't pay Bob all his money. Your slap in the face is on page 6.
Ted and Bob didn't even have the benefit of the new provision in the VLS rules ~ yet, they still treated the escrow account as petty cash. If the guests in those six units didn't get to come and stay, and perhaps no one told them, and they didn't get a refund, then - well, i guess they just got screwed all around.
This all began in 2000 ~ and i know that if you are one of those guests unwittingly embroiled in all this b.s. that you have NEVER forgotten about it.
Allow me to at least offer you an embarrassingly belated apology.