Seller not responding post contract - New one to me.

[lambohill]

I don't believe there is any realistic solution here, but its a definitely a new one to me.
Boat viewed twice, in depth viewing inspection. Deal agreed, Contract duly signed by both buyer and seller in presence of the broker.

Buyer as agreed, arranges surveyor and engine surveyor within 2 days, and prepares the deposit of 10%, then call from broker to buyer, advising that the seller cannot be reached and is ignoring all calls. This impasse is now going on for over 2 weeks. It seems in spite of no word from the guy, he is still alive and well on social media, but cannot be bothered engaging with the broker who now says he guesses the seller has taken 'cold feet'. So much for the contract.

 

[ari]

I don't believe there is any realistic solution here, but its a definitely a new one to me.
Boat viewed twice, in depth viewing inspection. Deal agreed, Contract duly signed by both buyer and seller in presence of the broker.

Buyer as agreed, arranges surveyor and engine surveyor within 2 days, and prepares the deposit of 10%, then call from broker to buyer, advising that the seller cannot be reached and is ignoring all calls. This impasse is now going on for over 2 weeks. It seems in spite of no word from the guy, he is still alive and well on social media, but cannot be bothered engaging with the broker who now says he guesses the seller has taken 'cold feet'. So much for the contract.

 

[ari]

Trying to post on phone - can't edit, can't delete. Sorry.

 

[Whitelighter]

My experience is ultimately the contract is only enforceable if you have the means and thecwill to go through the courts.
Is the boat unique or a particularly good price? Is it worth considering alternates?

Do you still have the Searay or did I see you'd sold that? Hoping you get something sorted before the summer ticks away.

 

[Jim@sea]

I have just had that with a Commercial Property and what is annoying is that my solicitor will be charging me to prepare the contract.
In addition the place was taken "off sale" for two months.

 

[rubberduck]

We are beginning to nose around at possible boats to upgrade to, have yet to receive a reply to several sent emails.
Doesn't fill me with the confidence required to actually buy from or through these people.

 

[lambohill]

My experience is ultimately the contract is only enforceable if you have the means and thecwill to go through the courts.
Is the boat unique or a particularly good price? Is it worth considering alternates?

Do you still have the Searay or did I see you'd sold that? Hoping you get something sorted before the summer ticks away.

Indeed the contract is only any use if I want to go to court.
I did sell last boat as at the time I had 'shook hands' on a replacement and was in car driving to The marina in SoF when I received call that the buyer was pulling out.
This time around contract signed and then buyer 'disappears '.
Boat not unique but deal suited.
I'm back looking, dont know what seller is at.....

 

[lambohill]

We are beginning to nose around at possible boats to upgrade to, have yet to receive a reply to several sent emails.
Doesn't fill me with the confidence required to actually buy from or through these people.

In my experience over not too many reply to emails, some don't even reply to phone messages.
Deals done verbally, I've done 2 before this, buyers renaged. Actual contract, first for me. I think people see the sun shining and change their mind. The 'word is your bond' does not seem popular?

 

[lambohill]

I have just had that with a Commercial Property and what is annoying is that my solicitor will be charging me to prepare the contract.
In addition the place was taken "off sale" for two months.

Sorry to hear that, but I presume you were on the other side of this , i.e. The buyer pulls out (which is more typical) . Seller pulling out less typical particularly in contract.

 

[superheat6k]

This must be very frustrating, but if you wish to terminate due to his lack of response be careful you do this within the terms of the contract you have signed, otherwise you could find yourself later being bound by this same contract, and perhaps by then owning another boat. This might require proper legal advice, or at least something in writing from the Broker agreeing his client has reneged.

 

[westernman]

This must be very frustrating, but if you wish to terminate due to his lack of response be careful you do this within the terms of the contract you have signed, otherwise you could find yourself later being bound by this same contract, and perhaps by then owning another boat. This might require proper legal advice, or at least something in writing from the Broker agreeing his client has reneged.

+1. Be very careful.

 

[MapisM]

Seller pulling out less typical particularly in contract.

Agreed, unless the seller gets a better offer after accepting yours.
In this case, he might wish to steer you towards a termination of the existing agreement, to be free to pursue the other punter.

I experienced something similar not long ago, but after the other buyer offer didn't materialize, the seller came back to me.
By which time, I was tempted to tell him right away where he could stick his boat, but other folks involved suggested me that I was going to buy his boat, not to marry him.
So, I held my nose and restarted. Long story short, eventually the deal aborted anyway, for several other reasons, after wasting further time on it.

If there's a moral of the story, it's that yes, you are buying a boat and not marrying her owner, but also the seller reliability does matter.
In your boots, unless you think that the boat is the deal of the century (but which boat is?), I'd walk away regardless.
I fully agree with the recommendation from SH6K in post #10, though.

 

[lambohill]

Thanks for replies. I am aware that we are in contract and that it will breach if we do not survey etc, but we cannot do so because seller is the one who is blocking that. None the less this needs further attention asap.

I always take the view that it is the deal not the dealer, but I am aware that 'bad faith' is an issue.

I am looking elsewhere, sure isn't that half the fun

 

[bedouin]

Not a legal expert but I think contracts at this stage are not worth much - no court is going to enforce the sale so all you will be able to do is reclaim costs, and so far there don't seem to be any of those.

Best way out is to write to the seller saying that "time is of the essence" and that if you can't survey with 7 days you will consider the contract cancelled.

 

[Whitelighter]

Can I ask - has a deposit been paid (I hope not)

 

[lambohill]

Can I ask - has a deposit been paid (I hope not)

I'll see how I get on tomorrow.

 

[volvopaul]

I don't believe there is any realistic solution here, but its a definitely a new one to me.
Boat viewed twice, in depth viewing inspection. Deal agreed, Contract duly signed by both buyer and seller in presence of the broker.

Buyer as agreed, arranges surveyor and engine surveyor within 2 days, and prepares the deposit of 10%, then call from broker to buyer, advising that the seller cannot be reached and is ignoring all calls. This impasse is now going on for over 2 weeks. It seems in spite of no word from the guy, he is still alive and well on social media, but cannot be bothered engaging with the broker who now says he guesses the seller has taken 'cold feet'. So much for the contract.

I just hope your broker is the real deal and he doesn't run off with your money that's sat in his bank, is this deal U.K. Based or abroad?

 

[lambohill]

I just hope your broker is the real deal and he doesn't run off with your money that's sat in his bank, is this deal U.K. Based or abroad?

Broker, seller and boat are abroad. But seller, myself and the broker are all UK people, and boat UK reg. I still have the deposit as the broker called to warn me before i had it transferred.

 

[Montemar]

You are still bound by the contract unfortunately regardless of what the seller does. Is there a get-out clause or time limit?

 

[westernman]

You are still bound by the contract unfortunately regardless of what the seller does. Is there a get-out clause or time limit?

Step 1)

The usual way is to set a reasonable time limit (e.g. two weeks) for him to rectify the deficiencies found by the surveyor which were not mentioned explicitly in the contract or to agree to a mutually acceptable discount on the purchase price to cover such works.

You send a registered letter to him setting this time limit, what you expect to happen before the expiration of the time limit, (rectifying work, hand over of the vessel, keys and documents) and that you will hold him in breach of contract if those things are not fulfilled in the time limit. You then explain that the breach of contract will mean he will have to return the deposit and to reimburse you for your time and reasonable expenses including travelling costs and the cost of the survey.

Step 2)

If there is no reply in that time frame (he might reasonably ask for a longer period to rectify problems), then you send a further registered letter telling he is now in breach of contract and you present him with the bill (deposit to be returned, plus reasonable expenses) with a two week delay.

Step 3)

If still no reaction then small claims court to recover deposit and expenses. Contract is effectively now nulled.

I am not a lawyer, and this advice is probably not worth what you paid for it.