Reply
 
Thread Tools Display Modes
 
Old 01-11-2015, 01:35 PM   #41
Guru
 
City: Satsuma FL
Country: United States
Vessel Name: No Mo Trawla
Vessel Model: Hurricane SS188
Join Date: Jul 2014
Posts: 1,680
Quote:
Originally Posted by Mimi View Post
Well, after submitting a signed offer, and having it accepted; and after having arranged for a survey and sea trial and diesel engine survey; and after rearranging my work schedule, booking non-refundable airline tickets and hotel reservations; not to mention countless hours researching, phone calls back and forth, including from the Bahamas last week while on vacation; after all that, Brad Nelson, the broker for American Yacht & Ship, sent me an email yesterday at 5pm to tell me he sold the boat to another buyer....
Can some one explain to me how a boat can be sold when they have accepted a contract to sell to another buyer? Seems to me Mimi has grounds to sue for breach of contract to cover her costs.

I certainly would not want to deal with this broker or his brokerage.
__________________
Advertisement

Donsan is online now   Reply With Quote
Old 01-11-2015, 01:40 PM   #42
Guru
 
siestakey's Avatar
 
City: Sarasota,FL/Thomasville,GA
Country: USA
Vessel Name: Steppin Stone IV
Vessel Model: Marine Trader Kelly Trawler 46
Join Date: Jul 2013
Posts: 1,271
Send a message via Skype™ to siestakey
Mimi

Sorry to hear that
__________________

siestakey is offline   Reply With Quote
Old 01-11-2015, 02:47 PM   #43
THD
Guru
 
City: Seattle
Country: US
Join Date: Apr 2012
Posts: 1,142
I am with Donsan on this one. As an attorney, I can only see two alternatives here: (1) the seller had accepted an offer but still accepted Mimi's offer and then chose between them; or (2) the seller accepted Mimi's offer and another buyer came at the last minute with a higher offer. In either case, the seller has breached the Agreement to Purchase to Mimi. Even if the Agreement is conditional on survey and sea trial, as virtually all are, the seller cannot unilaterally void the contract. While I cannot offer legal advice here, I would advise talking to your lawyer the very first thing tomorrow morning and have him contact the broker and let him know that you are seeking reimbursement for all your costs from him. If you know the seller's name and contact info, I would have my lawyer contact him directly with the same demands. If I were really pi$$ed off, I would contact the BBB and the Fla State Agency responsible for licensing brokers and file complaints against that broker. Totally inexcusable that you have an accepted Offer to Purchase that was breached by the seller.
THD is offline   Reply With Quote
Old 01-11-2015, 02:49 PM   #44
THD
Guru
 
City: Seattle
Country: US
Join Date: Apr 2012
Posts: 1,142
I should add that it is unlikely you would be able to reverse the sale to the other buyer. But, being the bit of a vindictive person that I am, I would want to make that sale cost the broker as much of his commission as I could while recovering as much of the money I had spent on the deal as possible.
THD is offline   Reply With Quote
Old 01-11-2015, 02:52 PM   #45
Member
 
City: Vero Beach, FL
Country: United States
Vessel Name: Mimi
Vessel Model: Fleming 55
Join Date: Dec 2014
Posts: 8
Apparently the builder has a buyer in Australia. He wants to have a Bering in Australia to show in that market. They used my signed offer to get their buyer to move. If he'd have balked I'd have gotten the boat and either way the Broker makes his deal. Business? Yeah, I guess.
In any event, I've had my say.
And thanks for the condolences ;-)
I'm not gonna sue. I've got the tickets, I booked the room, I took the time off.... I'm going to go down to FLA and look at some boats!
Mimi is offline   Reply With Quote
Old 01-11-2015, 02:57 PM   #46
Master and Commander
 
markpierce's Avatar
 
City: Vallejo CA
Country: USA
Vessel Name: Carquinez Coot
Vessel Model: 2011 Seahorse Marine Coot hull #6
Join Date: Sep 2010
Posts: 10,265
Quote:
Originally Posted by Mimi View Post
.... I'm going to go down to FLA and look at some boats!
... to make lemonade from the lemons.
__________________
Kar-KEEN-ez Koot
markpierce is offline   Reply With Quote
Old 01-11-2015, 03:13 PM   #47
Guru
 
N4712's Avatar
 
City: South FL
Country: U.S.A
Vessel Name: Oliver
Vessel Model: Nordhavn 47 Hull# 12
Join Date: Apr 2013
Posts: 3,613
There's a ton of boat in FTL so you won't have that problem.
__________________
Thanks, Oliver
M/V Oliver
Nordhavn 47 Hull #12
N4712 is offline   Reply With Quote
Old 01-11-2015, 03:22 PM   #48
Guru
 
Ski in NC's Avatar
 
City: Wilmington, NC
Country: USA
Vessel Name: Louisa
Vessel Model: Custom Built 38
Join Date: Jan 2014
Posts: 3,888
Do you have a copy of the contract signed by the seller or his agent?
Ski in NC is online now   Reply With Quote
Old 01-11-2015, 03:27 PM   #49
Guru
 
pilothouse king's Avatar


 
City: St. Lucie VILLAGE -NOT- Port St. Lucie!!!!!
Country: USA
Vessel Model: 15' Hobie Power Skiff w/90hp Yamaha-owned 28 years. Also a 2001 Bayliner 3788 that I took in trade
Join Date: Sep 2013
Posts: 533
Quote:
Originally Posted by Mimi View Post
Well, after submitting a signed offer, and having it accepted; and after having arranged for a survey and sea trial and diesel engine survey; and after rearranging my work schedule, booking non-refundable airline tickets and hotel reservations; not to mention countless hours researching, phone calls back and forth, including from the Bahamas last week while on vacation; after all that, Brad Nelson, the broker for American Yacht & Ship, sent me an email yesterday at 5pm to tell me he sold the boat to another buyer.... He said he hoped I wasn't too upset... I feel I was used and deceived, but, live and learn.
Thank you all for the enthusiastic advice and participation. The silver lining in all the disappointment was joining this forum!
Unless the seller had signed the contract and you had a deposit in the brokers escrow account, you didn't have a deal. Brad works for Atlantic Yacht and Ship.
I had a deal snatched out from under me yesterday at the last moment by another buyer, and another broker. IF the boatyard in Marathon had let the buyer on the boat on Thursday as they were supposed to instead of having to wait until today several "domino's" would had fallen. _ _ _ _ happens. No worries mate.
Those Aussies and Kiwi's move FAST. This is something I've warned repeatedly on my website and other forums. Many of them buy sight unseen and don't even survey. That's why all the best boats from the SE are now 'down under'. IF our dollar wasn't so strong now- more boats would be gone too.
__________________
.
Blake Davis Yacht Brokerage Inc

Yacht Broker/Owner since 1984, Florida License #32
pilothouse king is offline   Reply With Quote
Old 01-11-2015, 03:46 PM   #50
Senior Member
 
West's Avatar
 
City: Vancouver BC
Country: Salish Sea
Join Date: Dec 2014
Posts: 302
Quote:
Originally Posted by Mimi View Post
They used my signed offer to get their buyer to move.

I'm not gonna sue. I've got the tickets, I booked the room, I took the time off.... I'm going to go down to FLA and look at some boats!
I don't think there is anything wrong with letting other potential buyers know there is an offer on the table in order to spur more interest and get folks off the fence.
Although if that broker disclosed "your" terms and price to the other buyer he should loose his licence.

I would look at this as an omen that there are better deals to be had once your there.
West is offline   Reply With Quote
Old 01-11-2015, 05:27 PM   #51
Senior Member
 
jimbob's Avatar
 
City: Tennessee River
Country: united states
Vessel Name: SEEKER
Vessel Model: Trans Pac Eagle 32
Join Date: Jan 2014
Posts: 141
Quote:
Originally Posted by Mimi View Post
Well, after submitting a signed offer, and having it accepted; and after having arranged for a survey and sea trial and diesel engine survey; and after rearranging my work schedule, booking non-refundable airline tickets and hotel reservations; not to mention countless hours researching, phone calls back and forth, including from the Bahamas last week while on vacation; after all that, Brad Nelson, the broker for American Yacht & Ship, sent me an email yesterday at 5pm to tell me he sold the boat to another buyer.... He said he hoped I wasn't too upset... I feel I was used and deceived, but, live and learn.
Thank you all for the enthusiastic advice and participation. The silver lining in all the disappointment was joining this forum!
Sorry this happened MIMI, just seems awfully unethical to me !! Going to Fla myself looking at boats this month so I made a note of that broker and brokerage to steer clear of.
jimbob is offline   Reply With Quote
Old 01-11-2015, 05:45 PM   #52
Guru
 
BandB's Avatar
 
City: Fort Lauderdale
Country: USA
Join Date: Jan 2014
Posts: 13,158
Quote:
Originally Posted by Mimi View Post
Brad Nelson, the broker for American Yacht & Ship, sent me an email yesterday at 5pm to tell me he sold the boat to another buyer.... !
I assume you meant Atlantic Yacht and Ship.

I'm going to give one word of caution for the future too. When looking at a boat to buy, don't disclose publicly, such as on this forum, the specific boat or price. I'm not saying it happened this time, as that's probably not what happened, but there have been times where someone read the information and then jumped onto the deal and took it from you.
BandB is online now   Reply With Quote
Old 01-11-2015, 05:47 PM   #53
Guru
 
BandB's Avatar
 
City: Fort Lauderdale
Country: USA
Join Date: Jan 2014
Posts: 13,158
Quote:
Originally Posted by jimbob View Post
just seems awfully unethical to me !! :
What part of it seems unethical to you?
BandB is online now   Reply With Quote
Old 01-11-2015, 05:52 PM   #54
Guru


 
City: Full-time onboard
Country: USA
Vessel Model: Trawler
Join Date: Oct 2007
Posts: 937
I'll give you a preview of what I've been working on - it directly relates to the subject of boating services like this.

The screen shots tell the whole story. Almost every broker in the world is loaded into the system and there are a few hundred reviews already. The "(missing)" in the review shown shows a little of what's still left to code. It's all pretty close though - this is real. The review for American Yacht & Ship is real - they'll open with one 5-star review from a real user who had a good experience.

There will be brokers who'll be a little shaken up when they realize that there are going to be reviews on their actions. It's no different than everything we've seen before - the great ones will rise to the top and embrace it. The less-than-great ones will fight it.

But the crowd always wins in this type of thing. And us boaters...we're the crowd.
Attached Thumbnails
Click image for larger version

Name:	1.png
Views:	76
Size:	147.3 KB
ID:	36267   Click image for larger version

Name:	2.png
Views:	68
Size:	157.8 KB
ID:	36268  
Jeffrey S is offline   Reply With Quote
Old 01-11-2015, 06:03 PM   #55
Senior Member
 
jimbob's Avatar
 
City: Tennessee River
Country: united states
Vessel Name: SEEKER
Vessel Model: Trans Pac Eagle 32
Join Date: Jan 2014
Posts: 141
Quote:
Originally Posted by BandB View Post
What part of it seems unethical to you?
The broker having had a signed and accepted offer in hand long enough for all surveys to be scheduled ,air travel and work rearranged and not go through with agreement, that part
jimbob is offline   Reply With Quote
Old 01-11-2015, 06:06 PM   #56
Senior Member
 
jimbob's Avatar
 
City: Tennessee River
Country: united states
Vessel Name: SEEKER
Vessel Model: Trans Pac Eagle 32
Join Date: Jan 2014
Posts: 141
Quote:
Originally Posted by BandB View Post
I assume you meant Atlantic Yacht and Ship.

I'm going to give one word of caution for the future too. When looking at a boat to buy, don't disclose publicly, such as on this forum, the specific boat or price. I'm not saying it happened this time, as that's probably not what happened, but there have been times where someone read the information and then jumped onto the deal and took it from you.
in Mimi,s quote is says american yacht which is correct?
jimbob is offline   Reply With Quote
Old 01-11-2015, 06:09 PM   #57
Guru
 
BandB's Avatar
 
City: Fort Lauderdale
Country: USA
Join Date: Jan 2014
Posts: 13,158
Quote:
Originally Posted by jimbob View Post
The broker having had a signed and accepted offer in hand long enough for all surveys to be scheduled ,air travel and work rearranged and not go through with agreement, that part
I missed that part. Back to Mimi. Did you have a signed copy back? If so, you should protest this. If not, then it wasn't accepted? I'm sorry I missed that part of your post.

If you have a signed, accepted offer then he can't do this and Florida is one of only two states licensing yacht brokers so there is somewhere for you to turn.
BandB is online now   Reply With Quote
Old 01-11-2015, 06:12 PM   #58
Guru
 
BandB's Avatar
 
City: Fort Lauderdale
Country: USA
Join Date: Jan 2014
Posts: 13,158
Quote:
Originally Posted by Jeffrey S View Post
I'll give you a preview of what I've been working on - it directly relates to the subject of boating services like this.

The screen shots tell the whole story. Almost every broker in the world is loaded into the system and there are a few hundred reviews already. The "(missing)" in the review shown shows a little of what's still left to code. It's all pretty close though - this is real. The review for American Yacht & Ship is real - they'll open with one 5-star review from a real user who had a good experience.

There will be brokers who'll be a little shaken up when they realize that there are going to be reviews on their actions. It's no different than everything we've seen before - the great ones will rise to the top and embrace it. The less-than-great ones will fight it.

But the crowd always wins in this type of thing. And us boaters...we're the crowd.
How do brokers have reviews on sites that aren't up yet? What am I missing?
BandB is online now   Reply With Quote
Old 01-11-2015, 06:17 PM   #59
Guru
 
BandB's Avatar
 
City: Fort Lauderdale
Country: USA
Join Date: Jan 2014
Posts: 13,158
Link to information on how to file a complaint against a broker in Florida.

LSCMH Yacht FAQ
BandB is online now   Reply With Quote
Old 01-11-2015, 06:23 PM   #60
Senior Member
 
jimbob's Avatar
 
City: Tennessee River
Country: united states
Vessel Name: SEEKER
Vessel Model: Trans Pac Eagle 32
Join Date: Jan 2014
Posts: 141
Quote:
Originally Posted by BandB View Post
Link to information on how to file a complaint against a broker in Florida.

LSCMH Yacht FAQ
thanks for that link, will be in Ft. Lauderdale looking at a boat on the 27th. Just can't say which one
__________________

jimbob is offline   Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off





All times are GMT -5. The time now is 01:08 PM.


Powered by vBulletin® Version 3.8.8 Beta 4
Copyright ©2000 - 2017, vBulletin Solutions, Inc.
Search Engine Optimization by vBSEO 3.6.0
Copyright 2006 - 2012