To re-surveyed or not?

[BruceK]

The most odd provision I found in a Brokers Sale Agreement was that if the Broker`s client,the Seller, failed to complete the Sales Agreement, the deposit was split 50/50 between Broker and Buyer. Unsurprisingly, it got changed. Later I rejected the boat for condition and recovered the full deposit.
When changing boats, I drafted 2 Agreements, one for me selling, one for me buying, they were different. He who drafts the Sale Agreement has, subject to objections, the opportunity to set up the deal in his own interests.

 

[slowgoesit]

The most odd provision I found in a Brokers Sale Agreement was that if the Broker`s client,the Seller, failed to complete the Sales Agreement, the deposit was split 50/50 between Broker and Buyer. Unsurprisingly, it got changed. Later I rejected the boat for condition and recovered the full deposit.
When changing boats, I drafted 2 Agreements, one for me selling, one for me buying, they were different. He who drafts the Sale Agreement has, subject to objections, the opportunity to set up the deal in his own interests.

Similar clauses are becoming common in Real Estate as well. I wrote a long reply detailing our experiences recently regarding this, but then deleted it because it didn't apply to boats! Suffice it to say that IMHO neither Seller's broker nor Buyer's broker should profit from bringing bad deals to the table that don't result in the boat sale closing.

 

[SteveK]

This would be acceptable
if the Broker`s client,the Buyer, failed to complete the Sales Agreement, the deposit was split 50/50 between Broker and Seller.

 

[Art]

I get a big kick out of the back n' forth in "broker" discussions.

IMO - considering most items/terms/words in "Broker" definition below:

"Broker" should be defined as "Separator" [which it isn't defined as]...

Wherein the broker is utilized and required to brake/broke/stand-in-between/separate communications of the principals. Because... the principals are not able to handle things on their own. In that: Brokers come in between [i.e. separate] the principals to work the principals into positions that the principals do not have capability [smarts/composure] to simply accomplish themselves.

To clarify my opinion of what a "Broker" actually is... I'll simply say... Yes - there are times an honest broker, who understands complicated law-effects and affects that may be at hand, is good to have. I've utilized a few.

To expand my opinion... in most cases, for most items, a broker [a "separator"] is not actually needed nor required. In other words: Principals should be able to figure things out and come to terms on their own. I buy and sell without a broker attending. I like looking the buyer or seller square in the eyes during negations. This saves $$$ and time for both sides of the deal. That said - It is important to have no problem of walking away from any deal before "legal" consummation has occurred - a necessary item for being a successful seller or buyer, of anything!

bro·ker /ˈbrōkər

noun: broker; plural noun: brokers

* a person who buys and sells goods or assets for others.
"the centralized lenders operate through brokers"

Similar:
dealer / broker-dealer / agent / negotiator / trafficker / middleman / intermediary / mediator / factor / trustee / liaison / representative / go-between / interdealer / representative / scrivener

verb: broker; 3rd person present: brokers; past tense: brokered; past participle: brokered; gerund or present participle: brokering

arrange or negotiate (a settlement, deal, or plan).
"fighting continued despite attempts to broker a ceasefire"