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  #21  
Old 10-11-2013
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Re: Almost!

Quote:
Originally Posted by chucklesR View Post
So is Julie for letting it go.
If Julie had a standard contract, she would be the only class act. The seller would have zero choice, but to offer a settlement post-survey. They would be locked into a legal commitment to sell at that point. Only the buyer maintains the option until acceptance. She did not have to let him out of it.
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  #22  
Old 10-11-2013
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Re: Almost!

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Originally Posted by JulieMor View Post
........What's the point of sharing that when you know the trolls will try to derail the thread? ......
But, you ultimately did decide to share?

I recall you had queried a lot of contractual input along the way. What kind of document did you ultimately use? At one point, I think you were set on using an attorney, which I hope you didn't find necessary. Suspect not, since you didn't mention returning legal fees.

What the new boat budget?
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  #23  
Old 10-11-2013
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Re: Almost!

Quote:
FWIW, I seriously began the boat search in May, 2013. Believe what you want, but that is fact.

As for your comment about what you think about needing prodding, there seems to be this belief by some that anyone considering buying a boat needs to do it immediately, if not sooner. And if they are taking longer than whatever that time frame is, someone needs to kick them in the butt and convince them to buy the boat. Why is that? What good does it do trying to push anyone into a boat purchase they may not even want to purchase?
I think you are putting a spin on my comment that is not warranted. I am suggesting (for your benefit) you might be looking for a perfect boat that might not exist and maybe getting bogged down and as a consequence you are delaying your goal. I think this is evidenced by it being nearly a 1/2 of year since you began your quest.

I think this was also the point James was making though not necessarily the way I would have made it. But I do not recall having read posts by him that were mean spirited and so I did not take it that way. If that is the case then, after tdw's call for an apology, I think tdw should apologise for making the assumption.

I'm not sure if you Eddie Haskell/troll labels were directed at me. If it was then I would ask you to back that with supporting evidence. I think you would have trouble. I am confident I have only commented on subjects brought up in the threads. If the not directed at me then there is the implication by association that I find unfair. Regardless I don't think labels or name calling belong on this forum.

Lastly, I wish you well on your boat purchasing endeavour and hope it comes to a conclusion sooner rather than later.
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  #24  
Old 10-11-2013
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Re: Almost!

Quote:
Originally Posted by Minnewaska View Post
But, you ultimately did decide to share?

I recall you had queried a lot of contractual input along the way. What kind of document did you ultimately use? At one point, I think you were set on using an attorney, which I hope you didn't find necessary. Suspect not, since you didn't mention returning legal fees.

What the new boat budget?
We took the broker contract, removed all the broker stuff and agreed on a few modifications. No attorneys. It was pretty basic but covered us both to a point. I did add that if the owner backed out we'd be reimbursed for our costs, though I never expected that to actually happen.

When the owner asked to be let out of the contract, I immediately thought "no way!" But this silly thought entered my brain. The sale has to be something both want or it will be a bad omen. Told you it was silly. But it goes back to when my dad bought his boat and immediately changed the name. I heard over and over, "You can't change a boat's name or bad luck will follow." Several months later the boat was sitting on the bottom of the Chicago River. But really, I knew I would never feel right about forcing the guy to sell. So I let it go. Maybe along the line we gained some friends.

And yes, I did share this experience here. But I was pretty rattled. I think I was just looking for a shoulder to cry on. That boat took my breath away!
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  #25  
Old 10-11-2013
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Cool Re: Almost!

Quote:
Originally Posted by JulieMor View Post
....
When the owner asked to be let out of the contract, I immediately thought "no way!" But this silly thought entered my brain. The sale has to be something both want or it will be a bad omen. Told you it was silly. But it goes back to when my dad bought his boat and immediately changed the name. I heard over and over, "You can't change a boat's name or bad luck will follow." Several months later the boat was sitting on the bottom of the Chicago River. But really, I knew I would never feel right about forcing the guy to sell. So I let it go. Maybe along the line we gained some friends.

....!
Nothing silly about that imho.
John Vigor might call it adding to the black box.
Good Old Boat - Vigor's Black Box Theory article

I call it good karma.

Good luck with your boat shopping.

Boat names.
I never really bought into the bad luck thing around boat names, today I am starting(just starting) to believe. My boat was hauled out today and ran aground 10 feet from the dock, with the crane and crew waiting. Probably the marina's fault for picking the shallowest spot of the harbour to haul boats from Regardless I got her unstuck and hauled. Afterwards the supervisor asked my Dad what boat on his list was just hauled. Dad says the contessa 26 on the list. Supervisor says I have two on the list, one with no name. That's the one Dad says. Supervisor says, You know it is bad luck to have a boat with no name, Dad rolls his eyes. I jump in and remind him I just ran aground for the first time ever......

Time to start a thread looking for boat name idea's


John
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  #26  
Old 10-11-2013
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Re: Almost!

ScottUk .... don't hold your breath waiting.

James does have previous form re snide comments in Sailing forums. Emphasise Sailing. This is not PRWG.

If James were to come on here, withdraw his comments as being a bit of a gag that was meant to be harmless fun then I would withdraw mine. Simple as that but apologise ? In your dreams.
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Last edited by tdw; 10-12-2013 at 05:14 AM. Reason: edited out "unacceptable"
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  #27  
Old 10-11-2013
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Re: Almost!

Quote:
Originally Posted by JulieMor View Post
We took the broker contract, removed all the broker stuff and agreed on a few modifications. No attorneys. It was pretty basic but covered us both to a point. I did add that if the owner backed out we'd be reimbursed for our costs, though I never expected that to actually happen.
Very smart!!

Since this was a private sale what did you do about the deposit and earnest money?
Who held it? Did you use an escrow service?

Also did you do anything about liens? I suspected you didn't worry much about liens as they guy had the boat for so long and you knew him.
I wonder if the bank required anything to prove the title?

But you always wonder if he had a beef with the engine guy 5 years ago and never paid the last 5k.

I'm asking about these details because private sales leave more up to the participants than broker sales.
At 20k it's bad enough but at 100k plus you would hate to be the one person in 1000 that had a bad deal.
Look at what happened to Bitchin Bob to the tune of 1M.
Not exactly the same as being a business and a boat but a deal going bad none the less.

Keep on looking you will find your dream boat.

Would you mind posting your modified contract?
I know you have given it a lot of thought.
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  #28  
Old 10-11-2013
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Re: Almost!

Quote:
Originally Posted by JulieMor View Post
.....I did add that if the owner backed out we'd be reimbursed for our costs, though I never expected that to actually happen.....
If the seller asked for a back out clause, that was foreshadowing. To add it yourself, may have given them the idea that they could. Food for thought next time.

Quote:
I think I was just looking for a shoulder to cry on. That boat took my breath away!
Not much for crying, but there are a half gallon of margaritas that need to be finished before I shut down the fridges this weekend.
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  #29  
Old 10-11-2013
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Re: Almost!

FFS - a swan 44 ?????

That is not exactly a boat for rookies ( not saying Julie is one...)

Even though it might be bought for 100-200k (depending vintage and condition) it requires an open checkbook thereafter....

Since I seem to remember that Julie wanted to borrow money to by a boat,
That to me suggest the opposite of an open check book.....

I love Swans ( being scandinavian ) but think they would be less than ideal cruising boats for a couple, they are feckin winch farms with teak decks and steep companionways....

Julie, I think you got lucky...

Last edited by jorgenl; 10-11-2013 at 10:02 PM.
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  #30  
Old 10-12-2013
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Re: Almost!

Quote:
ScottUk .... don't hold your breath waiting.
Appreciate the advice but have and will continue to breathe normally.

Quote:
James does have previous form re snide comments in Sailing forums. Emphasise Sailing. This is not PRWG.
The tone of your post could be construed as snide. Should I deem it unacceptable and call for a retraction?

Not sure what the acronym PRWG stands for.

Quote:
If James were to come on here, withdraw his comments as being a bit of an unacceptable gag that was meant to be harmless fun then I would withdraw mine.
As I wrote above I took the comment as a cheeky way of warning about becoming a tire kicker. The point I made above was that searching for the perfect boat can incur cost.

I note your silence as to what might be considered name calling as stated in my previous post above which could be construed as acceptance to this type of behaviour. I think this could call into question your acceptable/unacceptable standards.

Quote:
Simple as that but apologise ? In your dreams.
Sorry but at this time I don't think you merit inclusion into my dreams. Maybe after we get to know each other better.
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