Blue Moon Capital, LLC I am being ripped off by a firm that will not return my $5,000 deposit. Denver Colorado

George,  I have same problem with Blue Moon and have contacted the attys you suggested.  Thank you so much for info.  One more favor?  Would you contact their office with your full name so they can look up your court case to compare it to mine?

It would be appreciated so much.  Thanks, Pam

I have had almost the exact same negative experience with Blue Moon Capitol of Denver, Colorado. In 2007 I purchased a "Turn-Key" investment property in Pittsburgh, Pennsylvania.
After months of promises and missed deadlines I started receiving notices from the City of Pittsburgh that the property was derelict and full of rats and trash. Blue Moon would not return my deposit of $5000, but just kept promising to get the rehab finished. This never happened.

Finally I found a law office in Pittsburgh that was able to help me. They charged a reasonable fee for their services and dealt with the matter quickly. (I was about to be dragged into court in Pittsburgh (from California where I live). The name of the law firm is Dornish and Scolieri. They were able to secure my refund plus legal expenses and disentangle me from the horrible mess that Blue Moon had made of "The Turn Key Investment Property"
Dornish and Scolieri quite familiar with the rip off tactics of Blue Moon Capital in Pittsburgh, Pennsylvania

Dornish & Scolieri, PC
Attorneys At Law
1207 Fifth Avenue
Pittsburgh, PA 15219

412.765.2726 phone
412.765.2736 facsimile
info@doscolaw.com

One other comment I wish to add to my complaint is that although I may feel that I have been defrauded since Blue Moon has breached their contract by not living up to what they promised by the deadline dates they themselves set, I do not claim that this is fraud but rather it is simply a breach of contract and for that I feel that I am entitled some damages which for the most part happens to be the $5,000 deposit I make in good faith in the first place even knowing that I agreed that it would be non-refundable. It seems to me that regardless as to why Blue Moon did not live up to their end of the bargain, I should not be the only one to suffer a loss. That is why I offered to split the difference with Bob Lemon earlier and asked them to at least give me back $2,500 instead of the entire deposit. I am not an unreasonable person and if Bob would meet me in a middle ground, I would be pleased to end all of my discussions and ask that this complaint be removed from your files or ammended to say I have reached a satisfactory settlement with Blue Moon.

In my many discussions with Bob Lemon, I got the impression that he fired the two salesmen who were working with me but Bob tells me that he did not fire them, they left on their own accord. I did not want anything I say about Blue Moon to be wrong especially now that Bob is so angry with me for filing a complaint with the BBB and writing about my experience with his firm on Rip Off, that he has instructed his attorney to sue me for somehow damaging his reputation. He offered me a generous amount of money--all of $1,000 to retract all of my statements and dismiss my complaint with the BBB of Denver, CO which I agreed to accept to end this but when I was asked to sign release statements, they were so onerous that I could not sign them. I am now being told if I do not sign their release statements which includes language which states: Schwelling agrees to indemnify, protect, and hold harmless (including but not limited to attorney fees incurred) BMC and each related parties above described from any and all claims, liabilities, actions or damages of any kind or nature, arising or which have been incurred, or may be incurred by BMC as a result of Schwelling's actions prior to the date hereof. Which means, I guess that if anyone ever read what is being done to me and they do not do business with Blue Moon, I would have to pay Blue Moon's legal expenses to sue me for any loss of business! Great. How punitive can this firm get when it wants to beat up on some one who complains about a breach of contract on their part. If I am sued in any court, I am sure that due to their breach of contract I will win but I dread having to spend more money on a lost cause which I wish would just go away.

I sure hope you didn't let that lawyer bullie you! I think the contract with BlueMoon should have been made null and void since they didn't keep thier part of the contract. Contracts are written based on 2 parties. They are both expected to abide by it. I think that the lawyer was trying to bluff you into just settleling for whatever Bluemoon felt like giving you,whenever they felt like it. Don't stand for that! That is unacceptable.

Even though I got the impression when Bob Lemon talked to me that he fired the two salesmen that worked with me, he corrected this by telling me that he did not fire either of them but they both left on their own accounts due to the slow down in business. The last thing I want to be accused of is saying something that is not true so that is the reason I am ammending this report. I am currently in talks with Bob's attorney who has made me an offer to settle this matter in a letter dated February 17 which I accepted on Friday the 20th of February but now his attorney is trying to get back to Bob to confirm our agreement and I am waiting for him to get back to me.

I also filed a complaint with the BBB in Denver and when Bob Lemon found out about it he has now instructed his lawyer to do whatever he can to try to sue me for complaining. I do not need a big corporation bullying me just because I file a complaint. Can someone help me? I cannot afford to fight lawsuits over $5,000 which should be returned to me. How can this company do this to me and get away with it?

Although Blue Moon and I concluded that their rationale for withholding the deposit was valid, Blue Moon was considering making some sort of reasonable accommodation in your case in the interests of good customer relations. That was, of course, prior to learning that you had filed a complaint with the BBB.

It is unfortunate that you have apparently elected to resolve the issue your way. Now that the damage has been done, so to speak, my client has lost all interest in accommodating and settling with you. Moreover, I have been directed to investigate the filing of an action against you for any other public remarks which may have been made by you in this regard. My client has made it clear that they will use every legal means available to obtain redress against you.



Daniel J. Levin, Esq.

Levin & Weiser, LLC

950 S. Cherry St., Suite 1000

Denver, CO 80246-2667

Tel 303-504-4242

Cell 303-829-8899

Fax 303-691-9719

dlevin@lw-law.com