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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 41221
Experience:  Run my own successful business/contract law practice.
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I have a loosy goosy contract with a personal manager of a

Customer Question

I have a loosy goosy contract with a personal manager of a power vessel, that the manager is Marketing on Airbnb as a dockside Boat and Bed. His contract states he will Market and give me a full report each 2 weeks. He is to give me 30% of the revenue, and impound in addition, a trust account for repairs or maintenance of 20% of all revenue collected, and 20% goes to the Marina. San Francisco stats boost a 87% hotel occupancy. He has not paid me from Dec-June. What actionable breaches come with a fiduciary responsibility? Does he not have such a responsibility in managing my Asset? I know of one stay in December he hasn't accounted for. Can I sue for damages, because he didn't even Market the Boat until May? He has been entrusted with the Boat Hotel since Aug last year.
Submitted: 2 years ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
To answer directly, it appears that he is in breach of actual contract to you. In addition he may be pursued for 'bad faith' and for 'conversion' of assets for failing to return to you the funds owed (which will also go under 'breach of contract'). And you can also sue for expected lost profits if due to his negligence and inaction you ended up losing out on legitimate opportunities.
Dimitry, Esq.