Observer
Well-Known Member
I had the deposit (20k, which happened to be the broker's fee) given to broker as stakeholder. No worries there, I'm happy to gamble 20k to get a deal done. (Gamble is a strong word -and he was an excellent broker, utterly trustworthy imho, I would happily deal with him again). But I had the balance of the price (half a bar) wired directly from buyer's account to my account. It didn't go thru the broker. Out of respect to the buyer's concerns, prior to the payment I lodged with the broker as escrow agent all the ship's papers, the signed BoS and the boat's keys, and I wrote a letter saying that on the money landing in my account in cleared funs the escrow came to an end and the escrowed property (being the papers and the keys, not the boat) was to be released to buyer, and the buyer then could take possession of the boat as he saw fit, which of course he (sensibly) did straight away. All QED and i think Observer would approve![]()
I do. The even-handedness of ensuring both buyer's and seller's interests are protected would be (I expect it was) very reassuring to the buyer. If finance is involved (on either side), the completion arrangements would need to be expanded and would be a bit more complicated, but that's not hard to do with some clear thinking and use of simple written instructions/agreements about who gets what and when.
It would be even better if a convenient way of mitigating the deposit risk could be added, should the seller (or buyer, or both) be unwilling to carry the risk on the broker. I suggested the joint names/dual signature bank account as a simple, practical solution, but it creates a possible 'deadlock' that might not be acceptable to the buyer if there is significant uncertainty (e.g. survey result) about the deal not proceeding to completion.
It could be a good idea for MBY or MBM (or the RYA?) to commission someone like jfm to construct a transaction 'route map' that buyers and sellers could use and tailor to their own circumstances, perhaps with a model of a simple escrow arrangement for completion docs, with brokers as escrow agent. Don't know if you'd be up for that, jfm, a la the VAT article? If not, any decent solicitor could do it, with some guidance on marine/marine finance issues if needed.