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I would be inclined to try and do an end-run around the broker and talk directly to the seller. They should be made aware of the reasons Salty walked. If the broker was being unethical then they should be able to get out of a listing contract pretty easily, especially if the broker wrote the contract himself!

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Discussion Starter · #42 ·
I wonder how he explained this to the seller.
I wondered the same thing myself. I'm sure the only thing he could say was that I didn't accept the seller counter offer even though he (the broker) had my updated offer in hand.

He told the seller that the Buyer walked, which is what I think ultimately happened, when they felt they were being deceived by the broker.
Well... I didn't walk away from the deal though. I was pushed away and left willingly.

I would be inclined to try and do an end-run around the broker and talk directly to the seller. They should be made aware of the reasons Salty walked. If the broker was being unethical then they should be able to get out of a listing contract pretty easily, especially if the broker wrote the contract himself!
That crossed my mind in a very serious way. I'm well versed in going over an adversaries head. With a little effort I could have tracked the owner down and remade my orgional offer reminding him that he'd be saving the brokers commission. But spite takes too much energy so I decided to just move on. Don't get me wrong, spite is a very justifiable motivator, it just has to be worth the effort. And besides, there was a clause that held the seller hostage for two years. If he were to sell the boat without the broker in that time frame, the seller would still owe him his pound of flesh. I didn't want to get him involved. I hope he sells the boat because he has reasons I sympathize with.
 

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The two year lock up is pretty standard. Keeps Sellers from cutting the broker out who has spent time and money to market the listing. That doesn't mean one can't negotiated directly, just that the Broker must be paid. If you gave the Broker a paginated offer, they are obligated to present it, as is. If they don't do so, there is probably some form of discrimination occurring.

Probably too much trouble to try to resurrect. I'm not sure why we're splitting hairs between walked away and pushed away. There is always another great boat out there.
 

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Discussion Starter · #44 ·
The two year lock up is pretty standard. Keeps Sellers from cutting the broker out who has spent time and money to market the listing. That doesn't mean one can't negotiated directly, just that the Broker must be paid. If you gave the Broker a paginated offer, they are obligated to present it, as is. If they don't do so, there is probably some form of discrimination occurring.
Oh absolutely, I completely agree. I've never had a listing agent (real estate) that didn't make me sign the same agreement and I had no problem with it.


Probably too much trouble to try to resurrect. I'm not sure why we're splitting hairs between walked away and pushed away. There is always another great boat out there.
That's the way I feel... not worth my time. Like I said before, I've learned that if I have to push to hard to make something happen it's probably not worth it in the end.
It's not splitting hairs, it's two completely different things.
 
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