Ok I don't own it

Discussion in 'Powerboats' started by Boston, Sep 15, 2010.

Thread Status:
Not open for further replies.
  1. Jingsong
    Joined: Jul 2010
    Posts: 12
    Likes: 1, Points: 0, Legacy Rep: 8
    Location: Marblehead Massachusetts

    Jingsong Junior Member

    Boston - My sympathy.

    There is no info in this thread you physically saw this boat or met the broker or saw the boat title.... or performed your own survey.

    For other's who read here and don't post much [like me] it could be useful to comment on this.

    I know you have been passionate with your desire - and hope you didn't purchase a mail-order bride.

    Contract law is pretty simple for this type transaction: meeting of the minds w/ seller = agreement .... w/ consideration = $$ >> contract to purchase = bill of sale and title = you own it

    If you didn't meet the broker and see his contract with the seller and the vessel title in his hand...........buyer beware. If you relied on a survey commissioned by someone other that yourself..........buyer beware.

    I truly wish you luck. Things like this happen for a reason. Buying a vessel like you dream for is a karma. Let this one go. You'll get your $$ back without a fight.

    Find your dream boat. This one isn't it.
     
  2. Boston

    Boston Previous Member

    Still no word from the broker

    He seems to be pretty serious about ignoring these calls

    Not sure if he realizes I'm not screwing around here

    He sold my boat and I'm curious what I got for it

    Cheers
     
  3. Boston

    Boston Previous Member

    Hey Jing

    I have a signed contract from the sellers agent but not the seller
    It represents there last offer to me which I accepted, signed and sent in a payment on

    I also scanned the cashiers check and signed contract and sent that via e mail
    Lawyer tells me I own the boat

    I'm not under the dilution il end up with this boat at this point but I will end up with something for this cluster ****

    Oh
    No I never did actually see the boat in person
    Never saw the tittle and never met the broker
    Makes no difference
    I signed the papers
    Boats mine as far as I'm concerned
     
  4. Jingsong
    Joined: Jul 2010
    Posts: 12
    Likes: 1, Points: 0, Legacy Rep: 8
    Location: Marblehead Massachusetts

    Jingsong Junior Member

    You have a signed contract with somebody. Unless you saw the seller's authorization to the seller's agent - and the vessel title ... you have a mail order bride and are working on faith.

    Your optimism getting ahead $$ on this deal is misplaced I fear. You will lose.

    I hope the most you lose is existing lawyer fees.

    Please re-read my previous post and all the points I mentioned and ask other members here you know and respect..... and your attorney - if you trust him.

    Best

    Jinsong
     
    1 person likes this.
  5. Brian@BNE
    Joined: Jan 2010
    Posts: 262
    Likes: 13, Points: 18, Legacy Rep: 151
    Location: Brisbane, Australia

    Brian@BNE Senior Member

    Hmm.... Rule 1 is to never buy a boat that isn't floating. But I just can't imagine buying one without at least stepping onto it either. Sure, a good survey tells you more than you'll notice yourself straight-up, but being right there gives you the chance to do as Jing says and satisfy yourself re: the paper trail. If the broker is now playing hard to find then chances are he's received a part commission at least and is happy to let you fume all those miles away.

    I'm not saying give up, but as the song says 'you got to know when to held 'em and when to fold 'em'. Think through how far to take it.....
     
  6. PAR
    Joined: Nov 2003
    Posts: 19,133
    Likes: 481, Points: 93, Legacy Rep: 3967
    Location: Eustis, FL

    PAR Yacht Designer/Builder

    Actually, no it's not Dan. As has been eluded to by myself and others, you looked at some paper work, from some people, but you may not have been actually with those truly and legally responsible for the sale and holding title. This could shake out as "well, we were talking to this Dan guy, who seemed interested, just when a previously interested party concluded their deal."

    I've seen this sort of thing happen before and the very best thing you can do is go public immediately. Get the local TV and news papers involved, call the church's national association and raise a big stink. Trust me, you'll get screwed if they can hide, but you'll get a settlement if the smell of **** is in the air, in the papers on the 11:00 news, etc. This is the point, to get a resolution. The longer you wait, the more likely the paper work will some how get lost, the people involved will disappear into the wood work and you'll totally out of luck. Call them and leave messages about you're plans to be knocking on their door Monday morning with a shot gun, to insure this gets resolved "one way or the other". You want them afraid and wishing like hell they hadn't screwed with you and most importantly that they'll have to make a settlement suitable to your level of misery.

    I'm not sure who Jingsong is, but he's got 2 posts here, both on this thread. I don't know his experience, nor back ground, you know mine. In fact, I wouldn't be surprised if Jingsong knows, represents or is aware of your broker, possibly is your broker, looking to tactic you off, licking your wounds, which makes me think he's involved in some way.
     
  7. Boston

    Boston Previous Member

    I'll wait to hear from my lawyer tomorrow
    If he has contacted the sellers rep and not received a favorable response then I will deal with that then, if the response is favorable then I own a boat. Chances are that I am screwed. I'll play with the fool for a while and see what shakes loose but I'm not under any delusions as to the likely outcome. No boat and no money.

    Thing is I'll follow pars suggested path if the lawyer rout does yield positive results

    B
     
  8. Jingsong
    Joined: Jul 2010
    Posts: 12
    Likes: 1, Points: 0, Legacy Rep: 8
    Location: Marblehead Massachusetts

    Jingsong Junior Member

    ^^^^^
    PAR
    No disrespect intended. Boston has severally mentioned lawyers and litigation.

    I'm a Benefactor Member NRA. Love guns and the 2nd Amendment.

    The seller, agent, all - can read this open forum. Should something untoward happen to anyone via shotgun, potato gun, spit balls ----- Guess who gets an intimate interview with law enforcement? <Answer - you>\\

    I've been reading this forum for over well over two years and only registered in July 2010. It has been very valuable to me. I have an engineering background, am a single Dad with an 8 year old son - full custody. I'm 58 years old and work every day in Boston, Massachusetts as a construction project manager. I had many boats as a kid and young adult - runabouts, Rhodes, etc. I want my son to have at least as much fun as I had on the water and want to also enjoy it with him. I want to get a coastal cruiser in the next year or so - therefore my attendance here.... to pick brains much larger than mine.

    <removed inappropriate remark>

    MOD - I'm new here: what exactly was inappropriate? And how do I know any forum member was insulted? My response was related to alcohol consumption readily admitted to by Boston and reasonably inferred PAR............ I honestly don't want to appear a troll and will end it here. I've offered Boston my personal contact and given the forum honest personal information. <end>
     
    Last edited: Sep 24, 2010
  9. Boston

    Boston Previous Member

    Not sure what your meaning but my actions thus far have been nothing but honorable

    My contentions that I have a signed contract by the sellers rep though not the seller is completely accurate
    I have sent a check and I have proven such to the agent
    The agent assured me in writing that he was authorized to conduct the transaction and he instructed me to make all payments to him directly

    I have all in writing and there is not much question I own the boat according to my lawyer

    Who laughed his *** off when he heard my tale of woe and pain

    Deal is let's not make a mountain out of a mole hill

    I bought a boat
    The clown who sold it to me broke the contract and sold it to someone else

    He owes me a boat or what be got paid for my boat he sold without my permission
     
  10. Boston

    Boston Previous Member

    Ya Jing your posts seem a bit fishy to me

    If you are Jim I would suggest you produce the boat you sold me and stop playing games if you are unable to produce the boat then talk to my lawyer cause I have a case and you have a problem

    Cheers
    B
     
  11. Jingsong
    Joined: Jul 2010
    Posts: 12
    Likes: 1, Points: 0, Legacy Rep: 8
    Location: Marblehead Massachusetts

    Jingsong Junior Member

    Boston - give me a PM and I'll give you my cell phone number. I live in Massachusetts and know nothing about your deal - except what you have revealed in this thread.

    <removed>
     
    Last edited by a moderator: Sep 24, 2010
  12. PAR
    Joined: Nov 2003
    Posts: 19,133
    Likes: 481, Points: 93, Legacy Rep: 3967
    Location: Eustis, FL

    PAR Yacht Designer/Builder

    Okay, I'm not the only one that noticed the smell from Jinsing or who ever, but it does seem interesting, that since he's been reading the forum for "well over two years", but hasn't been aware of me, suggests more fish smell. Maybe I'm too full of myself, but I figured folks that read this forum had a pretty good clue.
     
  13. Boston

    Boston Previous Member

    Well I could certainly be wrong but at this point I wouldn't put anything past the yacht world

    My apologies if I was off base but the reality it I bought a boat that was then sold out from under me

    I tend to do very well in court and I'm equally as confident in this case as any of the rest

    Buyer be ware my ***
    Seller be ware cause I signed a check and a contract which was tendered by the sellers agent
    Who claimed in writing he was authorized to accept payment and consummate the deal

    Basically Oregon state law is clear on this issue
    Boats mine
    I want the boat or the money from it's sale

    Period
     
  14. PAR
    Joined: Nov 2003
    Posts: 19,133
    Likes: 481, Points: 93, Legacy Rep: 3967
    Location: Eustis, FL

    PAR Yacht Designer/Builder

    I've been called many things, but stupid and ignorant aren't typical, nor valid. So, what's the deal with you Jingsong? 40% of your first 5 posts have been edited by the moderator (at least as I'm typing), you've attempted to suggest Dan has done something wrong (maybe this wasn't your intent), other then his over excitement, which I believe was part of the problem. He didn't have to meet the broker, nor the owner for a reasonable deal. In fact, this is the point of brokerages. Dan isn't liable for my comments. So, why have you, after over two years of reading this board, suddenly decided that your coastal cruiser can wait, but this thread needed you attention? Not that there's anything wrong with this and welcome aboard, but you seem to have come off, well suspiciously. I'm sure this is a big misunderstanding, a bunch of crossed up syntax and all can be sorted out right Jingsong?
     

  15. troy2000
    Joined: Nov 2009
    Posts: 1,743
    Likes: 170, Points: 63, Legacy Rep: 2078
    Location: California

    troy2000 Senior Member

    Why are you bringing up the NRA, shotguns and cops? No one in this thread has threatened or suggested violence, or even hinted at it.

    I own guns and belong to the NRA, too. But I don't think that fact is somehow relevant to contract law in the State of Oregon....
     
Loading...
Forum posts represent the experience, opinion, and view of individual users. Boat Design Net does not necessarily endorse nor share the view of each individual post.
When making potentially dangerous or financial decisions, always employ and consult appropriate professionals. Your circumstances or experience may be different.
Thread Status:
Not open for further replies.