Ok I don't own it

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

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  1. Boston

    Boston Previous Member

    ya there is about three or four of those available from Boneyard Boats, free for the taking. The old Chriscrafts simply don't hold there value. That and there's no way to tell what the details are from the add. Oh well I always appreciate the suggestions

    cheers
    B
     
  2. cthippo
    Joined: Sep 2010
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    Location: Bellingham WA

    cthippo Senior Member

  3. masalai
    Joined: Oct 2007
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    Location: cruising, Australia

    masalai masalai

    Boston, I thought you were after a "fixer-up-er" with all your excellent wood-working skills and tools.... ? That quest is taking an awful long time to start on the rebuilding part :eek:... Best of luck bud...
     
  4. Boston

    Boston Previous Member

    I am but its got to be the right fixer upper
    diesel
    40' range
    genuine antique preferably with sound mechanicals and rotten woodwork
    basically a rebuilder as much as a fixer upper

    and
    its got to be cheap so I dont go into debt buying it
    remember I'm debt free and intend to stay that way

    cheers
    B
     
  5. masalai
    Joined: Oct 2007
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    Location: cruising, Australia

    masalai masalai

    Pays to re-iterate your goals, objectives and desires regularly, best wishes...
     
  6. Boston

    Boston Previous Member

    Thanks
    I'm still hopeful but its going to be harder than I thought
    if I would not have been ripped off on the Haida princes I'd be out there right now, but as it is my finances are only capable of so much without getting into debt again
    which I am hell bent on not doing

    oh well I'm sure I'll find something eventually
    cheers
    B
     
  7. Mikeob
    Joined: Jan 2011
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    Location: North Saanich, B.C. Canada

    Mikeob New Member

    Haida Princess

    I am new on the forum. I joined because some one sent me the thread on Haida Princess. I owned her for ten years and cruised her out of Vancouver to Seattle and up the inside passage to the Broughton archipelago.

    If you have any questions about her, I have scads of info. By the way, the pic of her on the water was taken in Desolation Sound about 20 years ago.

    Mikeob
     
  8. Boston

    Boston Previous Member

    Welcome to the group
    Ya I saw her for sale and negotiated a price, signed the papers and sent in the money. Couple of weeks later the seller returned the documents to me and said he sold the boat to someone else, which seemed awfully odd to me cause I had a signed contract and had made a payment sooooo seems like it was a done deal. I complained to the attorney general out there and I suppose its backlogged for there attention when they get a chance. I would have loved to owned her and was bouncing off the walls to get out there and begin restoring her but it was not to be. Not sure what was up with the seller but something smells fishy and my lawyer said as far as he can see I owned the boat. Its pretty much up to the courts at this point or will be once the AG investigation is done and depending on what there findings are.

    I'm sure that was not what you where expecting when you were kind enough to write in but thats my sob story. I did find some blue prints that look exactly like her though. Do you know who the original designer was because I might just have "her" prints.

    Oh
    not sure who bought her out from under me or where she is now but something tells me dishonesty will catch up to these people some way or another.

    beautiful boat by the way
    someone did a spectacular job bringing her back to conditions

    cheers
    B
     
  9. Jingsong
    Joined: Jul 2010
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    Jingsong Junior Member

  10. bntii
    Joined: Jun 2006
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    bntii Senior Member

    My read on all of this is that there was no dishonesty involved B.
     
  11. Boston

    Boston Previous Member

    I made an offer
    they made a counter offer
    I accepted
    they sent me papers
    I signed and sent money
    I also sent a photocopy of the signed papers and the check

    a week later they told me they sold it to someone else
    according to several lawyers the boats mine pending an investigation
     
  12. bntii
    Joined: Jun 2006
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    bntii Senior Member

    The broker will tender an offer with a prepared contract and your good faith deposit.
    Until the contract is sighed by the seller, the contract is not binding.

    Certainly- no fault is to be found with the buyer who has honestly purchased this vessel.

    Bad luck or bad timing.
     
  13. Boston

    Boston Previous Member

    according to contract law in the state in which I purchased the boat the deal was done when we agreed on a price and I handed over a check

    Its taking forever for the attorney generals office to get to what is probably a low priority case but once they do I'm feeling pretty confident that I will prevail. Granted there is always the chance I'm not getting good council but from what I'm hearing its almost a no brainer. The seller was "authorized" to negotiate on the part of the owner. Otherwise what is a broker if not an authorized seller himself. Done deal from what I can see, I accepted there counter offer, signed and sent a check.

    although don't get me wrong I'm pretty curious to see how this turns out and you might be right, which begs the question if you have ever made a purchase like this in Oregon and if it went south what was your response and the results ?

    and no
    I'm not faulting the buyer although I would like to know what is up with my boat
     
  14. bntii
    Joined: Jun 2006
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    bntii Senior Member

    Not true- and remember, funds did not exchange hands.

    The way this works and what I see as having happened in your case:

    The agent of the seller (the broker), is charged with selling the vessel. He is provided with a target price which is typically a range. When you offered, he countered with a price which was within the range as provided by the seller.
    He tells you "fine I will send out a contract for you to sign which I will submit to the seller upon receipt." He sets the condition of a good faith deposit.

    When he receives the prepared contract and your deposit he goes to seller and submits this all. If accepted and the contract is signed the whole effort is binding.

    Remember- the seller in this case most likely did not even know about your offer at the time you were signing what you considered to be a binding document.

    The seller is free to sell the boat in any case up in till that point at which he signed the contract.

    Everything you need to know about what happened is in the email you posted:

    "Dan,
    I forwarded your offer to the church a couple of days ago even though we still haven't received the signed contract/check as of today?
    In a previous e mail I said the offer would be tendered upon receipt.
    The church has declined your offer and has accepted another immediate cash offer."

    He says: "I will tender the offer upon receipt"

    Keep in mind that no one will send along a sighed binding contract without secured funds.


    A couple of things to remember:

    -The broker may have several offers at any given time for any given vessel.
    He is simply trying to get someone to commit to the purchase and send in a deposit and the prepared contract. If he has these things in hand he can complete the transaction with the seller.

    -While you feel cheated (& I know, it can be heart rending to loose a boat) the parties you are dealing with are simply trying to sell a boat. They would have happily sold it to you.

    -And from this:

    "note the wording that the seller "declined my offer"
    I didn't offer the seller came back at me with the 7k as a counter offer and I accepted his offer by sending in a check and signing my acceptance"

    This is just a vocabulary issue- your submitted bid is always an "offer" even if you have accepted the asking price set by the seller initially.




    Trust me- this is how it works.
    I signed the same "contract" several years back and send it a large check to the sellers agent for the deposit. When received, submitted and signed by the seller we had a deal and I had a boat...

    Just a couple of weeks ago I purchased another boat- lots of $ involved and I was told by the agent: "great, you bought the boat, "Unless the seller received another offer which I don't know about"" . The whole thing can make for some excitement and trepidation...


    I never made any purchase in Oregon but there is nothing which leads me to believe that the way boats are brokered through agents is any different there.


    Sooooooo............

    How do you keep this from happening again?

    Most will say to have ready cash and the ability to act quickly.
    This means knowing what kind of vessel you are seeking and being able to recognize when a good example enters the market.
    The really good deals will attract many offers and the first party to complete the transaction will own the boat...

    As to the boat you missed:

    A sight unseen purchase of a antique boat in need of repairs.....

    Loosing this one may feel like an assault on you dreams.
    It is very likely that the purchase could have resulted in a total destruction of your available means and effort.
    Be careful- a restoration can eat you alive.
     

  15. Boston

    Boston Previous Member

    I consulted three lawyers in Oregon and all three said it sounded to them like I own a boat. Not sure what you base this statement on but funds did exchange hands, my check and a signed agreement was received prior to the other offer as an e mail containing proof of funds and a photo copy of the signed contract. On the advice of my lawyer after the broker reneged on the deal I stopped the check at which point they returned it to me. They received the funds in good faith and reneged on the offer they made me. Pretty clear cut is what several people with experience in Oregon legal issues told me. I'm just curious as to when the SA will get around to looking into it.

    As for the rest that's pretty much up to the courts to decide, that and what has become of my boat and if its even possible to recover it at this point, could get interesting should things settle in my favor.
     
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