2 years?

[Leeward III]

We are considering the purchase of a boat, that the contract between the seller and the broker has expired. That document stipulates that the broker is entitled to his commission for a sale up to 2 years. Any ways around that or should we consult an attorney?

 

[tiltrider1]

I would consult a maritime attorney. How did you find out about the\ boat? Was it through the brokers marketing? Did you ever have contact with the broker?

 

[twistedtree]

Typically it's only for that particular buyer/seller pair. If the broker didn't introduce you to the seller, then I doubt they have any claim. And it would be the seller's problem anyway since the brokerage contract is between the seller and broker, and you aren't party to it.


Maybe just include in any purchase agreement that you are not liable for any brokerage fees.

 

[slowgoesit]

We are considering the purchase of a boat, that the contract between the seller and the broker has expired. That document stipulates that the broker is entitled to his commission for a sale up to 2 years. Any ways around that or should we consult an attorney?

It is not uncommon for a contract between a broker and a seller to state that if the seller sells to a person who was shown the boat by the broker during the listing period, the broker is due a commission for a specified time period, generally no more than 6 months.

HOWEVER, Any agreement between the seller and broker is just that, between the seller and the broker. That said, if the seller is being told that by the broker, I believe he's being taken for a ride. If the agreement actually states that, then the broker is . . . . somewhat less than professional, shall we say.

Bottom line, YOU, the perspective buyer are not bound by any agreement between the seller and the broker.

 

[tiltrider1]

Remember maritime law is different. A broker could possibly slap a lien on the boat for brokerage fees. While you would have an action against the seller you would still need to deal with the issue.

I am not certain if broker fees meet the maritime definition but if they do then the lien could be perfected against the boat regardless of who owns it.