Yacht Brokerage Law and Ethics - Page 4 - SailNet Community
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post #31 of 61 Old 03-25-2012
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Re: Yacht Brokerage Law and Ethics

Sounds to me like the seller was just looking to screw the broker over if he could. You don't know what arrangement the seller had w/ the broker though.
Tough noogies for you. Doesn't matter if you flew all the way across the country, stayed at a pricey hotel or if it was at the marina next door to where you live; bottom line is the seller doesn't HAVE to accept ANY offer, even if it's for more than the asking price.
You as the buyer have no rights in this case. MAYBE the broker has a case for a commission but you aren't a party to that issue.

Go find another boat. There will always be a good deal to be found if you look hard enough. I did.
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post #32 of 61 Old 03-26-2012
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Re: Yacht Brokerage Law and Ethics

OK, so maybe I'm not as grumpy today.

I get that you can fall in love when you think you've "found the one".

And that it hurts when that one gets away.

That said I was put off by the fact that the OP's first reaction was to run to a lawyer.

You don't always get what you want in life, and when that happens you're not automatically entitled to sue somebody.
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post #33 of 61 Old 03-26-2012
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Re: Yacht Brokerage Law and Ethics

Sounds like the OP has given up on this since we haven't heard from him.

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post #34 of 61 Old 03-26-2012
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Re: Yacht Brokerage Law and Ethics

Don't get attached to a boat before you own it. If this type of action has occurred before the sale, just think what may lay in store AFTER the sale. Find another boat and another agent/seller. There's good ones out there. Best of luck.

Dave
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post #35 of 61 Old 03-26-2012
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Re: Yacht Brokerage Law and Ethics

Sorry for the pathetic grammar in my above post. I'm testing and tweaking the Pusser's Painkiller, and it makes no guarantees as to spelling and grammar skills.
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post #36 of 61 Old 03-27-2012
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Re: Yacht Brokerage Law and Ethics

Quote:
Originally Posted by dnf777 View Post
Sorry for the pathetic grammar in my above post. I'm testing and tweaking the Pusser's Painkiller, and it makes no guarantees as to spelling and grammar skills.
Ahh, now there's a sailing subject I can get behind. Who needs a lot of bothersome measuring and tweaking when making boat drinks?

Painless Painkiller recipe - no measuring:
  • 1 15oz can of Cream of Coconut (Coco Lopez) in your blender
  • Fill the rest of the blender with Dole Pineapple-Orange Juice
  • Blend
  • Put 2 shots of Pusser's Rum into a 16oz glass or mug with two ice cubes
  • Pour the mix over the rum & ice
  • Forget the nutmeg this is the simple recipe.

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post #37 of 61 Old 03-28-2012
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Re: Yacht Brokerage Law and Ethics

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Yes, the listing agent has done something unethical:
She informed you that (according to her knowledge) your offer had no competition.
I think that is a violation of the loyalty she owes to her customer, the owner who had her list the boat.
??????????????? How do you figure that? If, as far as she knew, there were no other people ready to put an offer on the boat, how is that unethical? What if you asked specifically? - should she say "that's need to know only" or something?

The only unethical person in this saga is the vendor - they undercut their broker.

I, myself, personally intend to continue being outspoken and opinionated, intolerant of all fanatics, fools and ignoramuses, deeply suspicious of all those who have "found the answer" and on my bad days, downright rude.
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post #38 of 61 Old 03-28-2012
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Re: Yacht Brokerage Law and Ethics

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The only unethical person in this saga is the vendor - they undercut their broker.
How can you say that? You have no idea of the contractual arrangement between the seller and broker in this case.
When we sold our last boat, the owner of our marina who is also a boat broker, made it clear we were free to find a buyer on our own if we wanted. We never even had any written agreement with the guy. Eventually, he found a buyer and he earned his commission.

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post #39 of 61 Old 03-28-2012
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Re: Yacht Brokerage Law and Ethics

No one should pay full price for a boat in this market.
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post #40 of 61 Old 03-29-2012 Thread Starter
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Re: Yacht Brokerage Law and Ethics

Its me the OP. Here is what I have been able to figure out.

1. If the owner was marketing the boat on their own as a courtesy they should have informed the broker of what they were doing as they went along for the precise reason to avoid what happened me.

2. The broker should never have promised me my offer would be the only one presented when the broker does not have control over other people making offers to the owner bypassing the broker.

3. If the broker had a high level of ethics she should have severed her relationship with the seller the moment she realized what the seller had done going behind her back marketing the boat. The commission was more important than the ethics.
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