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Old 06-10-2018, 09:34   #1
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Broker problem need advice please

Hi all!
I have entered a contract with a broker and I'm having some issues right off the bat.
1. He never updates me even though he swears there is always "someone" interested in my boat and that he has been showing it weekly.

2. He placed several ads with boat trader, yacht world, etc. with pictures I provided and all of sudden today all the ads are gone but he swears he can see them. I don't know if he is working off old links but I can't find my boat as well as other people who have searched for it.

3. He lowered the price of my boat without first consulting me and when he admitted to it he then said Oh wait! it is still listed at the agreed price on the websites....see # 2

If all he has done is list my boat on sites that I could easily do then why do I have a boat broker anyway???? What am I missing here?? All I am asking for is for him to check in with me weekly and not make any decisions regarding MY boat without talking to me first.

Ok ya'll give me your advice I welcome it!
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Old 06-10-2018, 09:40   #2
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Re: Broker problem need advice please

If the broker is in breach of the contract, then you have the right to invalidate it. But it will depend on what you agreed to. If the contract is worded to allow him to alter the list price, or not check in with you weekly, then you may be SOL.
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Old 07-10-2018, 03:18   #3
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Re: Broker problem need advice please

Quote:
Originally Posted by BamaRN View Post
... If all he has done is list my boat on sites that I could easily do then why do I have a boat broker anyway???? ...
A seller cannot (himself) list on YachtWorld - it requires a broker.

“To have your boat presented on the YachtWorld.com site, we require that you use the services of a professional yacht broker. YachtWorld advertising services are only available to yacht brokerage firms and dealerships representing multiple boats for sale on behalf of an owner/seller such as yourself. We do not offer services directly to the individual owner/seller.”

https://www.yachtworld.com/core/fsbo/addFsboAd.jsp
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Old 07-10-2018, 06:58   #4
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Re: Broker problem need advice please

Bottom line for me would be if I reached a point where I no longer trusted the broker I would find a new one. Simple as that. The fact that you’re posting this shows you’ve reached that point.
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Old 07-10-2018, 07:35   #5
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Re: Broker problem need advice please

From my short experience dealing with brokers there are good ones and bad ones the anecdotal evidence from CF doesn’t look good. But I have met some good ones. Sorry this post didn’t help you at all, just throwing it out there...
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Old 07-10-2018, 10:13   #6
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Re: Broker problem need advice please

To the OP. Suggest you should post a link to your boat listing here. Likely to be people interested.
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Old 07-10-2018, 10:20   #7
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Re: Broker problem need advice please

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To the OP. Suggest you should post a link to your boat listing here. Likely to be people interested.
Sure, but depending on the contract s/he's signed with the broker, a commission may still be payable.
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Old 07-10-2018, 10:42   #8
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Re: Broker problem need advice please

No broker contract precludes you canceling it at your discretion. If it was me, I'd stop wasting time here asking the obvious and get rid of him. The only tie you might have after firing him would be if. He claims you eventually sell to a buyer he brought to the table identified while your contract was in effect. So,firehim the sooner, the better.

All brokers have a parasitic relationship, he seems to be distinctive only as a bad parasite.
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Old 07-10-2018, 11:10   #9
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Re: Broker problem need advice please

Be proactive. Call him at whatever interval you want updates. Ask him for details on the "someone" interested in your boat. He most likely won't give you their contact info but he should be able to tell you details about the buyer: young, old, couple, individual, experienced sailor, first time buyer, what did they like about your boat, what did they not like, etc. You should be able to tell fairly quickly if he's actually showing your boat or just pretending to.

If you can't locate your ad on your personal computer, tablet or phone and neither can your friends then inform the broker and tell him you want it fixed yesterday. Make a note of how long it takes to resolve the situation. Poor performance in the marketing of your boat is, IMO, ample reason to terminate your contract with them. But you have to document the poor performance in order to protect your right to find another broker or to sell the boat on your own. Your contract will have specific language protecting your current broker as long as he is upholding his end of the deal. To void the contract you have to show he is NOT following the terms of the contract.

Unless there is specific language in the contract allowing him to change the price then this alone could constitute breach of contract. Contracts that I have seen specifically state any price changes must be approved by the seller in writing.

Your requests are legitimate. The broker is constrained only by what the contract requires. If you have a mediocre broker he may only do the minimum. Express your concerns to the broker in writing. If there is no improvement in performance then take steps to cancel the contract.

I'd be willing to bet that if you make enough noise you will either get better performance or release from the contract.

Good luck.
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Old 07-10-2018, 11:44   #10
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Re: Broker problem need advice please

None of us can guess what the contract says, and a contract can say anything.

But if the OP is anywhere near the boat, they can simply put a "game camera" in the main cabin, facing the companionway. It will record anyone coming into the boat, which will objectively prove whether the broker is or isn't showing it to anyone.
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Old 08-10-2018, 06:59   #11
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Re: Broker problem need advice please

You could provide information here about the make, model, location of the boat and I'm sure folks here -- who have experience searching on Yachtworld -- would be glad to see if they can find it.
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