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Old 26-06-2017, 17:12   #16
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Re: Brokers looking for other buyers while under a contract

The old statement attributed to, I believe, Sam Goldwyn, comes into play: "An oral contract isn't worth the paper its written on." Presumably, one way for a buyer or a seller to help protect themselves in to make a condition that only written offers/counter offers by a party will be considered. As we all should recognize, this can also cause problems, perhaps particularly at the opening and near the time for closing. There are tradeoffs in concerns in all large transactions, including those involving brokers.
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Old 26-06-2017, 19:59   #17
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Re: Brokers looking for other buyers while under a contract

I think this is a common scenario, but not too common. I find it 100% OK.

If you do not like how a broker works, change the broker. Just mind at times brokers discover the 'buyer' is playing a game rather than buying a boat. Hence we at times find brokers in odd positions. They are humans too, them brokers. All the ones I know are fair and honest individuals if few are 'lazy' (possibly rich enough and no longer motivated by small and uncertain sums).

You can approach any broker, any person, and ask 'why?'. Most normal people respond and thus your question finds its answer at source.

Life is a game. Play it clean but do play it. Same applies to the buyer, the broker and the seller.

Cheers,
b.
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Old 26-06-2017, 21:00   #18
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Re: Brokers looking for other buyers while under a contract

As a delivery skipper, I have been caught up twice in the offer contingent on sea trial and survey mess.
I brought a boat back from Mexico that a buyer had made such an offer on that was pretty close to asking with the contingencies to be satisfied stateside.
The slip to which I was supposed to deliver the vessel was occupied so I took her to my own marina where there was space. I called the sellers broker, explained why I had delivered the boat to a different location than agreed to and awaited direction where the secondary berth might be. Fortunately, I had secured the boat with a chain around the bowsprit to a large metal cleat on the dock. The selling broker showed up the next day with the owner and wanted me to cut the vessel loose so the owner and he could take the boat back to a yard for survey and arrange for the sea trial with the prospective owner. I told them as soon as I had a certified check for the delivery or a local check that I could take to my bank for deposit, I would unchain the vessel.
You would have thought that I had asked for both gentlemen's first born! But I wouldn't budge and the owner wrote me a check which I took to the bank, deposited it then returned and released the boat. I walked back to my own boat and was just going to relax when I got a call from the buyers broker asking if I had completed the delivery. I said, yes, and they asked where the boat was currently. I gave them the name of the yard and thought no more about it.
About a week later I received a letter of demand from the sellers attorney for alleged damage to his vessel which caused him to lose the sale. Evidently the yard had found evidence that the vessel had been grounded in the past and even though the sellers broker had signed off on receiving the boat back in San Diego in good condition, he could not check the keel for damage.
Fortunately, I had two crew with me on the delivery who lived in town and I called them to put them on standby if the accusations went anywhere which they ultimately didn't.
But it just goes to show that seller and their brokers can be dishonest as well as buyers and their brokers.
I have many times thanked whoever looks after us that there was someone in the slip I was initially directed to. The more .I think about it, it was a setup scam from the beginning!
Phil
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