brokerage warning

[sundancer]

after paying my hard earned cash over to the very very nice man selling me
and also a years mooring fees.
i have discovered he is now no longer interested in my little craft unless i would like to pay him some more hard earned !
i understood he was selling the boat not as he put it "you know the score.... MATE"
So to any of you new to this scene BEWARE.
Make sure you are buying a boat from the dealer and not through a broker as your consumer rights go right out of the window.
oh i know i could go t the previous owner but hey. get real.
the boat seemed fine and surveyors report looked good etc etc but anything goes wrong then watch out !
once bitten, twice shy.


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[hlb]

Nothing wrong there. He's like an estate agent. Not his fault if house dont work and no come back from previous owner. Course you could buy from a dealer. But then he would want his profit and a bit to over come any guarantee work which might or might not be needed. So add ££££

<hr width=100% size=1> <font color=blue>No one can force me to come here.<font color=red> I'm a volunteer!!.<font color=blue>

Haydn

 

[petem]

Sundancer,

Please could you fill in your profile and tell us a little more about your problems.

Just out of curiousity, did the previous seller lie about the condition of the boat? Also, whose name was on the bill of sale, I assume it was the real seller?

Pete

<hr width=100% size=1><A target="_blank" HREF=http://www.FairlineOwnersClub.com>Fairline Owner's Club</A>

 

[sundancer]

my boat is a searay sundancer 22ft with 4.3xl engine

the so called broker was the name on the bill of sale the person whom i bought the boat from wouldnt tell me who the seller was

my probs are that on two occasions while out at sea she has conked out but i have managed to put-put into marina(first time under the rnli umbrella)
the second time this weekend we nearly got ran down by a container ship in the orwell river.
on previous sailings all well but only river use, doesnt enspire one does it !!
the man taking my cash claims no come back because he says the boat was sold under the brokerage umbrella and that is true.
but i believed it was sold as he being the dealer
anyway as we have the boat paid for next 12 months in his marina one would expect some sort of after sales good will.
no way from this person.
where shall i moor next season ????
who will i call when i need some work done on her ???
is it any wonder companys now go abroad for service.
rule brittania hey



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[c_j]

From what I understand of your post you could at least go back to your broker and ask for proper title. I am not sure on this size of craft but normally one would require evidence of ownership and transfer from new, ie ORIGINAL builders certificate and ORIGINAL bills of sale between owners from new. How do you know that the previous owner was in fact in agreement to the sale of the boat and that your "broker" was not just selling to recoup monies supposedly owed to him?
How could you be sure that the boat was not subject to a finance agreement of some kind? Did you have a written contract of any kind with broker?

As far as warrenty is concerned the rules are changing on this with consumers getting more protection, but I don't feel that you have any claim against broker, hell, thats what they do. Welcome to boating.

<hr width=100% size=1>CJ
chris@stone.uk.com


<A target="_blank" HREF=http://www.stone.uk.com>http://www.stone.uk.com</A>

 

[hlb]

I would have words with a Solicitor. Either the (Broker) Must give you the name of the seller. Or he is the seller and not a broker but a Trader. In which case liable for repairs.

<hr width=100% size=1> <font color=blue>No one can force me to come here.<font color=red> I'm a volunteer!!.<font color=blue>

Haydn

 

[tripleace]

I had a previous boat purcahsed from a Regal dealer who sold me the boat and never paid the widow who was the current owner.

Only after solicitors letter did the broker pay the widow.

can you name broker?? it may be the same one.



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[Trevethan]

It might be my suspicious mind, but sounds to me like the boat was repoed/acquired by the broker/dealer... hence no proper seller/title. If broker's name iis on the bill of sale he is the owner....otherwise he cannot be in a position to sell the craft to you can he?

Seek legal advice.. the original owner might turn up sometime wanting his boat back.....

regards,

Nick

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[cngarrod]

Hi Sundancer,

Sorry to hear about your brokerage problems - based on one of you other posts (mentioning Levington) - i am guessing you purchased your boat from what was Bob Spalding?

I had a rather interesting experience with him last year when selling my boat... can't say it was particularly bad, but will say it could have potentially been quite bad - will not touch him again for sure.

I am moored a bit further up the river - Neptune Marina in Ipswich - drop me a PM and we can exchange some details...

Cheers,

Craig.

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[ari]

I'm confused here, if the brokers name is on the Bill of Sale then clearly he's sold you the boat "from stock" as it were and therefore is legally obliged to offer some warranty.

If he is not on the Bill of Sale then the previous owner must be in which case it is a standard brokerage sale so you would have no comeback on the broker.

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[sundancer]

i understand you note ari.
i would of been nice if the marina guy would tell me the previuos owners name and address.
when i asked for it he said "customer confidentiality,"
he wont allow me the details. this is why all this came about because i can understand him not wanting to give out the address before sale complete but now ???

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[SteveJ]

the bil of sale should have the previous owners name and addres on it. Check the back of the bill of sale and ther is a section to fill in if the sale was business related, if this has been completed it would mean that the boat is owned by the broker/dedaler. you should also have the previous bills of sale ideally right back to the beginning ie from the original dealer to the first owner and so on up to you.

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[ari]

Yeah, agree with Steve on this.

The Bill of Sale is THE title document passing title from the previous owner to yourself. There is no way around putting the vendors name and address down as this should match the Bill of Sale to him. What does the previous Bill of Sale to the guy you bought the boat from say on it?

What has the broker done, left the sellers details blank? If so then it is a worthless piece of paper and you do not have proper title.

If the broker has put his details in as the seller then you've got documentary proof that he IS the vendor and therefore he must fulfill his obligations with regards to any problems you have.

It isn't complicated, it must be one or the other surely? I don't know how much you paid for this boat but it is going to be a sizable chunk of money. Put it this way, you wouldn't spend £15-20K on a car and then get fobbed off with no proper registration documentation, why should your boat be any different? Same sort of outlay!

You need to get this sorted in my opinion, otherwise you may end up with a boat that you cannot sell as you cannot provide proper title documentation to a prospective purchaser...

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