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Old 01-11-2015, 12:35 PM   #41
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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.
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Old 01-11-2015, 12:40 PM   #42
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Mimi

Sorry to hear that
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Old 01-11-2015, 01:47 PM   #43
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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.
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Old 01-11-2015, 01:49 PM   #44
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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.
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Old 01-11-2015, 01:52 PM   #45
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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!
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Old 01-11-2015, 01:57 PM   #46
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.... I'm going to go down to FLA and look at some boats!
... to make lemonade from the lemons.
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Old 01-11-2015, 02:13 PM   #47
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There's a ton of boat in FTL so you won't have that problem.
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Old 01-11-2015, 02:22 PM   #48
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Do you have a copy of the contract signed by the seller or his agent?
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Old 01-11-2015, 02:27 PM   #49
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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.
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Old 01-11-2015, 02:46 PM   #50
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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.
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Old 01-11-2015, 04:27 PM   #51
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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.
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Old 01-11-2015, 04:45 PM   #52
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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.
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Old 01-11-2015, 04:47 PM   #53
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just seems awfully unethical to me !! :
What part of it seems unethical to you?
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Old 01-11-2015, 04:52 PM   #54
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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.
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Old 01-11-2015, 05:03 PM   #55
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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
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Old 01-11-2015, 05:06 PM   #56
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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?
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Old 01-11-2015, 05:09 PM   #57
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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.
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Old 01-11-2015, 05:12 PM   #58
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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?
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Old 01-11-2015, 05:17 PM   #59
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Link to information on how to file a complaint against a broker in Florida.

LSCMH Yacht FAQ
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Old 01-11-2015, 05:23 PM   #60
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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
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