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Old 09-04-2010, 11:10   #16
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Speculation about a buyer's motives is probably worse than free speculative legal advice. Repairing the deal has to be a first attempt effort since in that case things could be worked out. Having a local agent that can verify the boat problem and perhaps oversee any repairs might help as well as a legal document that can be used to for certain close the deal and let you off the hook. So a little bit of legal work and diplomacy could sort this out and that is an attempt worth taking. Preparation for getting the boat back is also a possibility and that will require another set of paperwork else be accused of stealing a boat that never was sold. Might work out in the end but the middle could be a problem without limitation.

Should the diplomacy fail, the process of recovery needs to be at hand. With different countries and the distance issue you need the leg work done yesterday.

Negotiation works well when you understand the processes and costs of the alternatives. At some point in time there will be an obvious lessor of many evils that will emerge. Best to jump on it when it comes because it can always be worse.

To rephrase Dockhead "Free legal advice is worth what you pay for it and legal advice from the Internet is worth even less." Talking about it here for free may help you feel better but you need a pro to help you navigate.

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Old 09-04-2010, 17:13   #17
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Originally Posted by speedoo View Post
"Within the sale documents was a clause, stating the vessel was "being sold as is. If the inboard diesel engine expires due to oil leak within 6 months of signature of this document, seller to be liable for repair costs."...
I too wonder where this clause came from..???

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Old 09-04-2010, 19:22   #18
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I'd make sure to get him off the boat and take back "possession" of the boat before you fix the motor, he does, after all, want to back out. Then you could consider starting any renegotiations and amendments to the sales agreement.
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Old 09-04-2010, 20:47   #19
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Oh man, get him off the boat, give him his money back. Then re sell it without that sunset clause about the motor in it! Or, if you fix it for the "new owner", you must renegotiate the contract to remove that clause? It's just the beginning of a nightmare for you?
Good luck from Keith.
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Old 09-04-2010, 21:54   #20
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I'm sure it's not what you wanted to do this weekend but if I were you, I would get to your boat in person - right away. Don't tell the buyer you're coming. Just show up. The "red flag" to me is that he didn't have the courtesy to call you to discuss the engine problem before holding up payment. "Win-win" people don't do that.

When you get to your boat, climb on - "take possession". Be concerned and friendly. Try to work it out. The "engine expire" clause does not give him the right to hold up payment - it just makes you liable for the cost of repairs.

If he wants to cancel the deal, let him. Life's too short. But don't let him keep living on your boat without you having the money. It gives him all the leverage. Use the liability excuse if you feel the need for an excuse. Offer to help him pack but make it clear that he's sleeping at a motel not on your boat. With any luck, his wife will beat some sense into him.

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Old 09-04-2010, 22:14   #21
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CarlF has given you some excellent advice, IMO. It's what I would do in your circumstances, and the longer you let him live on your boat, the harder it will be to enforce your property rights.

You don't want to hear it, of course - you probably know this very well, now, anyway - but never allow anyone to take possession of your property before the money is in your account. And when someone insists on adding a strange, trap door clause to a contract, don't sign the contract until your legal eagle has read it and explained the downside of doing so.

"Your vision becomes clear only when you look into your own heart. Who looks outside, dreams; who looks within, awakens."
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Old 10-04-2010, 07:03   #22
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I think Carl's words are good too. Mabe take your biggest buddies along too - it should NEVER come to violence, and the presence of your buddies should help ensure that.

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Old 22-04-2010, 23:49   #23
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Hi, have you had any progress with your delema?
I once sold a boat to guy who tried to nit pick the boat to get the price as low as possible, he was most put out when I started fixing these minor problems. He also expected me to discount the boat to cover the cost of stripping a heavy antifoul build up.
The final insult was when he held up payment as long as possible when I was trying to buy another boat.
Anyway I had the last laugh, he then went on to spend a fourtune on over the top upgraded gear for the boat and now can't sell it even though he is only asking a couple of K more than he bought it for.
Karma is a wonderful thing, I hope it works for you too.
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Old 23-04-2010, 00:28   #24
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This is an awfully good forum. MY hat is off to everyone who has posted. Excellent advice. In my experience, everyone hates lawyers till they need one. The OP needs one.


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