Ok I don't own it

Good luck with it all Boston.

 

In reading your responses, was the contract you sent off, along with your "bankers cheque", signed by the seller? If so, then as soon as delivery was effected, on my understanding of international law, You have a binding contract...

The issue may be in determining when "delivery was effected" in relation to the time the other buyer had his contract of sale made binding... Here I am suggesting the possibility of fraudulent behaviour if the timing of your binding contract being "executed" (legally accepting your binding prepayment), was delayed or deferred temporarily... For example, the agent bearing the contract and cheque was told by the seller something like "I am not available at the moment, come back tomorrow" and the next day to discover that the boat was sold, so the agent misses out on his commission and will also be pissed off (he may be an ally?)...

If the contract was unsigned by the seller, then, The whole picture changes... Key factors being, signed and dated signatures of both parties and money exchanging hands...

 

FWIW:

I saw this in Everett and thought of you, Boston. Chalk it up to eye candy...

 

ah your torturing me Hippo
just the kind of thing I've always wanted

 

bntii
While I appreciate your just trying to save me some trouble, I negotiated in good faith, haggled out a price, signed and sent a check, and I have a number of folks from that state who do contract law telling me I had a consummated deal. I figure I got robbed and I want my day in court. I might be wrong I might be right but either way I think its a joke on the part of this broker to rip the boat out from under me after I went to all the trouble. Judge just might agree with me, depends on the judge, oh, I might have forgotten to mention that a close friend of mine here is a judge and pretty much gives me a 50/50 shot of walking out of it with a favorable decision, it completely depends on the judge.

The broker is the authorized agent of the seller which gives them the right to negotiate on behalf of the seller, which is exactly what happened and I accepted there offer. From that moment on I owned the boat, at least according to my people here. My people in Oregon tell me that once I signed the papers they sent and showed proof of that signature along with verified funds I was good to go. So I'm thinking if I go in and look the judge right smack in the eye and tell it like it is I should be good, let the other party do the worming and squirming and piss off the judge cause I dealt in good faith and am only asking for a fair shake. I purchased a boat, either they sold my boat to someone else or they sold the same boat twice but either way its illegal. Which is why I sent it to the Oregon state attorney, once they determine if criminal charges are in order then I'll decide whether to proceed with my case. Deal is I signed and sent a check as well as sent proof of doing so, deal was consummated, so asking, where's my boat, seems reasonable to me.

I'm a business man and I do contracts all day long, I know all about when I can bail out and when I can't and frankly on this deal I smell a rat. One way or another I want that rat exposed.

 

Sounds great Boston.

Just remember- there are thousands of "agents" for the seller all over the world who are equally charged with selling the boat. None of them can truly transfer ownership. All of them can prepare a contract which can be submitted to the seller for approval.

There is a phrase used in the boat brokerage industry:

"Sale pending"

It attempts to keep all parties appraised of the extend of existing negotiations with buyer(s)/seller.
I don't believe it reflects anything in a legal sense and does not suggest that the seller (or buyer) cannot retract or have the vessel sold to another party.

In your case the sale was "pending". In going with another party the seller most likely blindsided the broker it seems. They also probably left him out of any claim on fees...

I have 20 brokers within spitting distance of my shop.
If you wish I can run this by them.

Don't we have any brokers in this forsaken place?
This is standard fare for this industry...

Regards

 

OK- I walked up an sat down with a yacht broker to suss this out.

He is and I kid you not, a retired judge. A law education and a career on the bench.
I got an ear full and a mini primer on English common law.

This all goes back hundreds of years and apparently one cannot buy an loaf of bread without evoking a very clear precedent for contract law.

He tells me three things are required for a binding contract:

1) An offer
2) Acceptance
3) Consideration

He explained that in yacht brokerage business the 'agent' is not empowered with the ability to accept an offer. He states that the agent in almost all cases do not carry power of attorney for the seller and the seller therefore is required to satisfy "Acceptance".

Your mailed contract would have to be given to the seller for signature to certify 'Acceptance'.

He warned that in his brokerage experience, every sale is subject to a buyer appearing with the Proverbial "brown paper bag of cash" and negotiating a immediate purchase with the seller in spite of all other standing offers.
He is surprised that anything went by post: "Everything is done via e-mail and wire transfer"
"Sale Pending" denotes all contract requirements met and not yet at closing..

He also states that you have no 'loss'. Therefore there is nothing to petition the courts to provide remittance for.

I am out of it.
My apologies if I barged in...

 

well taking it point by point

there was an offer and they made it
I accepted and provided both consideration and proof of both not only in writing but also in an email
the owners were consulted and it was there counter offer that I accepted so your point about how the broker isn't authorized to negotiate or accept as final a purchase is somewhat moot, the owners made me an offer which I accepted with consideration IE money.

I have also a loss but that can be argued once the state makes its own finding and depending on what that finding is. You forget that I not only retained a naval architect to assist me in the process but also the costs of transactions and the diligence in reviewing the purchase, also now in legal fee's which may or may not be recoverable.

and no your not barging in at all, I'm going to probably have to address these issues in court eventually anyway so ya, no worries

cheers
B

 

Thanks B

I can be like a damn dog with a bone.....



I regularly see boats which are viable cruisers.
I will send along any interesting prospects (East Coast though).

 

cool
I'm still looking but am leaning towards building something I can just get out on the water with and I'll just have to wait on the live aboard till things pick up again.

 

Good on yer Boston, a 'voyaging' canoe ?

 

Hé Bos, I think I saw your boat in North Wales...



In a few months she can be in the PNW

Cheers
Angel

 

Looks like a great lady but folks in Alaska do so much fishing that aft cabin would probably be a deal breaker.

 

is a nice boat but its still a bank loan and I'm pretty determined to do this cash out of pocket.

 

Just fixed the above link... it seems to expire after some time... if it does again put ‘‘Parkinson & Williams’’ in here.

It seems to be about US $ 81 K asking. But.. the place (Amlwch Port, Isle of Anglesey) is far away for Bos...

Mean reason for posting it was to cheer you guys up with a nice girl....

Cheers
Angel


PS

Chopped the aft cabin and some of the sailing parts off for Easy