Yacht Brokerage Law and Ethics - SailNet Community

   Search Sailnet:

 forums  store  


Quick Menu
Forums           
Articles          
Galleries        
Boat Reviews  
Classifieds     
Search SailNet 
Boat Search (new)

Shop the
SailNet Store
Anchor Locker
Boatbuilding & Repair
Charts
Clothing
Electrical
Electronics
Engine
Hatches and Portlights
Interior And Galley
Maintenance
Marine Electronics
Navigation
Other Items
Plumbing and Pumps
Rigging
Safety
Sailing Hardware
Trailer & Watersports
Clearance Items

Advertise Here






Go Back   SailNet Community > On Board > Boat Review and Purchase Forum
 Not a Member? 


Like Tree22Likes
Reply
 
LinkBack Thread Tools
  #1  
Old 03-23-2012
Junior Member
 
Join Date: Feb 2012
Posts: 13
Thanks: 0
Thanked 0 Times in 0 Posts
Rep Power: 0
mariopoli is on a distinguished road
Yacht Brokerage Law and Ethics

I made a written offer on a boat today (at full asking price all cash, 10% deposit).

The listing agent phoned me latter and told me my offer was rejected because when she presented my offer to the owner the owner told her she had found a buyer on her own and wanted the listing agent to use her buyer instead of me. Before my offer was presented the listing agent verbally assured me that my offer would be presented alone without competition with other offers at the same time.

Has the listing agent done anything unlawful or unethical? If so is this actionable and what action could I take? What would be the legal basis for any claim I would have?
Reply With Quote Share with Facebook
  #2  
Old 03-23-2012
GMFL's Avatar
Large Member
 
Join Date: Jun 2010
Location: Newport Beach, CA
Posts: 276
Thanks: 5
Thanked 3 Times in 3 Posts
Rep Power: 5
GMFL is on a distinguished road
Re: Yacht Brokerage Law and Ethics

I think you should sue. After all, this is America, that's what we do.
Reply With Quote Share with Facebook
  #3  
Old 03-23-2012
deniseO30's Avatar
Move over Joan Rivers!
 
Join Date: Nov 2006
Location: Bristol pa
Posts: 6,145
Thanks: 52
Thanked 89 Times in 79 Posts
Rep Power: 9
deniseO30 will become famous soon enough deniseO30 will become famous soon enough
Re: Yacht Brokerage Law and Ethics

Blessing in disguise, no one pays asking price for a boat. Be glad not mad!
RichH, HPLou and jameswilson29 like this.
__________________
Denise, Bristol PA, Oday 30. On Tidal Delaware River, Anchor Yacht Club. New Website!
To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.

my current "project"!
To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.
Reply With Quote Share with Facebook
  #4  
Old 03-23-2012
DRFerron's Avatar
A mod and her dragon
 
Join Date: Nov 2005
Location: SE Pennsylvania
Posts: 3,910
Thanks: 55
Thanked 133 Times in 123 Posts
Rep Power: 10
DRFerron is on a distinguished road
Re: Yacht Brokerage Law and Ethics

You want the boat that bad? If you do, I think you should consult a lawyer in whatever state or country in which you live and not depend on legal advice given over the internet. We don't even know that you're in the US based on the information that you gave.
mstern, davidpm and jameswilson29 like this.
__________________
Donna


To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.
Catalina 30 TRFK

Contributing Editor
To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.
magazine

To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.
Rock Hall Cruising Station

All things that are, are equally removed from being nothing. John Donne
Reply With Quote Share with Facebook
  #5  
Old 03-23-2012
SimonV's Avatar
Wish I never found SN!
 
Join Date: Jul 2006
Location: Brisbane Australia
Posts: 1,996
Thanks: 3
Thanked 4 Times in 4 Posts
Rep Power: 9
SimonV will become famous soon enough
Re: Yacht Brokerage Law and Ethics

Boat deals fall over a lot of the time. If you really want this particular one wait a couple of weeks and see if it is back on the market, there might even be a survey report available. What boat was the offer made on.?
__________________
Simon
Ericson 39B.
To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.

I love my boat
S/V GOODONYA
Brisbane
present location Heading to the Whitesundays

To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.

DELIVERY SKIPPER
Drinking Rum before 10am makes you a Pirate NOT an alcohlic
Reply With Quote Share with Facebook
  #6  
Old 03-23-2012
Senior Member
 
Join Date: Oct 2009
Location: Virginia
Posts: 1,041
Thanks: 3
Thanked 14 Times in 14 Posts
Rep Power: 5
chuck53 is on a distinguished road
Re: Yacht Brokerage Law and Ethics

Quote:
Originally Posted by mariopoli View Post
I made a written offer on a boat today (at full asking price all cash, 10% deposit).

The listing agent phoned me latter and told me my offer was rejected because when she presented my offer to the owner the owner told her she had found a buyer on her own and wanted the listing agent to use her buyer instead of me. Before my offer was presented the listing agent verbally assured me that my offer would be presented alone without competition with other offers at the same time.

Has the listing agent done anything unlawful or unethical? If so is this actionable and what action could I take? What would be the legal basis for any claim I would have?

Sounds like your offer was presented alone with no competition. It was the seller who found another buyer, not the agent.
I'm no lawyer but I doubt this would stand up. let it pass and find another boat.
__________________
Catalina 34
Reply With Quote Share with Facebook
  #7  
Old 03-23-2012
Banned
 
Join Date: Apr 2011
Location: Southern California
Posts: 649
Thanks: 0
Thanked 0 Times in 0 Posts
Rep Power: 0
WDS123 is on a distinguished road
Re: Yacht Brokerage Law and Ethics

multiple offers on same boat ?


Lez les bon temps rollé
Reply With Quote Share with Facebook
  #8  
Old 03-23-2012
Junior Member
 
Join Date: Feb 2012
Posts: 13
Thanks: 0
Thanked 0 Times in 0 Posts
Rep Power: 0
mariopoli is on a distinguished road
Re: Yacht Brokerage Law and Ethics

The boat is a Gulf Pilothouse 32 in California.
Reply With Quote Share with Facebook
  #9  
Old 03-23-2012
Sabreman's Avatar
Senior Member
 
Join Date: Sep 2006
Location: Yeocomico River, VA
Posts: 1,604
Thanks: 2
Thanked 14 Times in 11 Posts
Rep Power: 9
Sabreman will become famous soon enough Sabreman will become famous soon enough
Re: Yacht Brokerage Law and Ethics

You don't have a case but the broker may have one against the owner. The broker did nothing wrong but the owner dealt behind the broker's back, undermining her efforts. I also suspect that the owner will try to renegotiate the commission because they found the buyer. Brokerage agreements between seller and broker are very specific on this point unless an exception is made in writing. My father did this, but was clear that he was actively advertising the boat. He had an exception written in the brokerage agreement and only ended up paying a storage fee when he sold the boat on his own.
jameso likes this.
__________________
Sabre 38 "Victoria"
Reply With Quote Share with Facebook
  #10  
Old 03-23-2012
Senior Member
 
Join Date: Oct 2009
Location: Virginia
Posts: 1,041
Thanks: 3
Thanked 14 Times in 14 Posts
Rep Power: 5
chuck53 is on a distinguished road
Re: Yacht Brokerage Law and Ethics

Quote:
Originally Posted by Sabreman View Post
You don't have a case but the broker may have one against the owner. The broker did nothing wrong but the owner dealt behind the broker's back, undermining her efforts. I also suspect that the owner will try to renegotiate the commission because they found the buyer. Brokerage agreements between seller and broker are very specific on this point unless an exception is made in writing. My father did this, but was clear that he was actively advertising the boat. He had an exception written in the brokerage agreement and only ended up paying a storage fee when he sold the boat on his own.
Different brokers handle this differently. Sabreman, our marina owner/broker (that we both pay rent to) allows his brokerage customers to pursue buyers on their own.
__________________
Catalina 34
Reply With Quote Share with Facebook
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

 
Posting Rules
You may post new threads
You may post replies
You may post attachments
You may edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Brokerage sales dip in December - Trade Only Today NewsReader News Feeds 0 01-10-2012 08:50 AM
Boat Brokerage Fees in the USA Zanshin Boat Review and Purchase Forum 6 02-12-2010 04:29 PM
Broker ethics question I33 Boat Review and Purchase Forum 17 03-11-2007 11:40 AM


All times are GMT -4. The time now is 12:37 AM.

Add to My Yahoo!         
Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
SEO by vBSEO 3.6.1
(c) Marine.com LLC 2000-2012

The SailNet.com store is owned and operated by a company independent of the SailNet.com forum. You are now leaving the SailNet forum. Click OK to continue or Cancel to return to the SailNet forum.