Boat Legal Problem

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Rick D

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Oct 15, 2010
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799
Hello all.
Anyone ever put a deposit on a boat, have the boat fail survey and when you request the refund (which I have paper work with the sellers signature acknowledging full refund should the survey be rejected), the seller simply refuses to take your call?

I've even had the marina out of which he does business call him and tell him I am trying to get in touch with him and they say, "OK, he said he would call you right back"...but nothing.

Very frustrating. I have to hire an attorney on my dime to get the refund back?!?!

--Rick
 
my advice is speak with your attorney before you do anything. if the amount is small enough to make it into small claims court you might want to file that yourself.
 
Rick, we have made a deposit for a boat build thru a Broker, and build wasn't to specs,,thus cancl. and we have had to bring suit for repayment. Still no $ after 2yr., but have a consigned judgement to be filed next month. As I look back, I wish I'd taken the $ for the attorney and spent it on someone to offer results from NJ.
 
Actually... I'm overlooking the obvious... I made my deposit on a Credit Card... will take my grievance up with my CC card company.
 
You said deposit with the seller which implies a private sale then mention The marina he does business out of... Is it a brokerage boat? Dealer?

At this point you may have to show up in person and make some noise...
 
Hi Pascal,
It's a brokerage boat. The agent just rents and office at a marina. The marine took the deposit from me apparently onto the brokers account with the marina. The woman I spoke with that took my deposit sounded very annoyed with the broker, indicating that she has to field calls like this all the time with this guy.

CC company told me I have to wait 30 days before they can take action.
 
IIRC boat us has an esrow service to avoid just this problem.
 
See if the broker is a member of the local yacht brokers association and file a complaint with them. Pressure on the governing body could get some results.
 
Working through the CC company is your best bet. Good move on your part!!!
 
quote:
Originally posted by Rick D

Hi Pascal,
It's a brokerage boat. The agent just rents and office at a marina. The marine took the deposit from me apparently onto the brokers account with the marina. The woman I spoke with that took my deposit sounded very annoyed with the broker, indicating that she has to field calls like this all the time with this guy.

CC company told me I have to wait 30 days before they can take action.

Click to expand...


And the marina keeps him around for what reason???? What a deadbeat!!

BTW, escrow account is the ONLY way to go- PERIOD! That can be done through Boat U.S. as already mentioned, or an attorney, etc. Too risky to do it any other way. You are lucky you did it on a credit card.

For what it is worth, yacht brokerage is typically about 50 years behind where one would think industry standards should be. They would do well to have licensing like real estate.
 
"And the marina keeps him around for what reason????"

For the rent would be my guess. Why does the CC company want you to wait 30 days? They can stop the payment now. My guess is that they've already credited the broker's account and they know its unlikely there will be more funds coming through his account to withhold anytime soon. However, if the CC transaction was made through the marina's account you can be sure there is money available. If that's the case you should tell the marina's business office that you filed a complaint with the CC company. As the marina knows that will generate a hit on their account you can be damn sure they are going to lean on the broker to settle-up. Either that or take Dusty's advice and call the guys in "Jursey wit da bent schnoze".
 
Rick, is this the Larson that you said passed the hull and engine survey on 11/11?
Is the problem a dispute over how much off the price will be allowed for repairs?
Or, is the boat now unsatisfactory?
 
Rick. How much money we talking about ?
Can he hide behind the law and hold it for a period of time ?
I might be able to run over to NY for you and get it.
I need a name , address and phone number
 
quote:
Originally posted by marathon man

Rick, is this the Larson that you said passed the hull and engine survey on 11/11?
Is the problem a dispute over how much off the price will be allowed for repairs?
Or, is the boat now unsatisfactory?

Click to expand...


No, not the Larson... I take delivery of that Monday. It's the wet stringer Silverton.
 
quote:
Originally posted by giolic

Rick. How much money we talking about ?
Can he hide behind the law and hold it for a period of time ?
I might be able to run over to NY for you and get it.
I need a name , address and phone number

Click to expand...


Thanks... appreciate the offer. It's 2K. I am confident I will get my money back. I'm confident the broker will realize he made a mistake... eventually.

Let you know how it goes.
 
Check out whether CT has small claims ct and file there if they do. A lot of times, the threat of being sued lights a fire under them. You can always withdraw the action if he makes you whole. Write a letter to Soundings explaining your situation, cc it to the marina.
 
Got my deposit back. Called the marina that rents this guy his office space and explained to them that a broker they rent space to had me place a deposit directly into his personal account with that marina via the marina's front office. The general manager got things rolling pretty quick... but did tell me that this broker owes them big time also for unpaid rent/lease. Don't know why they are still giving him space or allowing him to conduct business...

Anyway, thanks to everyone for chiming in.
 
All of the above gets me thinking about escrow services again.
 
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