Charged after visiting a boat for sale! Has anyone ever had this happen?

[TrentePieds]

We do not know, since we only have the OP's assertion to go by, whether his document is a contract or an offer to purchase

They are two entirely different documents with entirely different legal ramifications.

Anyone who doesn't have a reasonable grip on the Law of Contract and other legal matters relating to commerce, should buy through a buyer's broker.

TrentePieds

[Statistical]

Originally Posted by TrentePieds

We do not know, since we only have the OP's assertion to go by, whether his document is a contract or an offer to purchase

They are two entirely different documents with entirely different legal ramifications.

Anyone who doesn't have a reasonable grip on the Law of Contract and other legal matters relating to commerce, should buy through a buyer's broker.

TrentePieds

To be clear though an Offer to Purchase IS a contact it just isn't a Sales Contract.

They are separate and have different ramifications but both are legally binding to the terms of the contract. If the OP signed an Offer To Purchase Contract which had something crazy in there like the funds on escrow by the prospective buyer are forfeit after viewing the boat in the event there is no future sale then well the OP agreed to that. The OP signed asserting he understands and agrees to be bound by that. The OP then acted on a provision of the contract by viewing the boat making him bound by that provision.

On the other hand maybe there is nothing like that in the Offer To Purchase. Maybe the broker/seller are just trying to pull a fast one. So to the OP read the contract you signed. You should have done that BEFORE signing it but read it now. What does YOUR contract say. It doesn't matter what any other contract on the planet says or what is common, customary, or routine.

[Montanan]

Review the specific terms of contract between you, the seller [the charter company] and the escrow agent. The escrow agent is provided explicit instructions as to the custody and distribution of the funds the escrow agent is holding.

[tomtriad]

If paid by credit card, enter a dispute. If paid by check, try to get your bank to rescind it. If it's been cashed your option is to negotiate or sue.

[Captain Puget]

Hopefully you put your escrow on a Credit Card… let them fight it for you and claw the money back. As far as the $3,000- F@*koff seems appropriate.

[Chrisatlantic]

A lot of mostly the same answers to the original poster, who hasn’t put up any replies to the page and a half of our replies, also note this is the first time this poster has posted on cruisers forum. So my conclusion is, this thread is complete waste unless and until the OP posts the contract with any redactions he feels he needs to maintain the confidentiality of the seller while he is negotiating.

Personally, I think the concept he’s discussing is ridiculous and I expect that if there was something in the contract about them charging him $3000 he would’ve said so and without that this is unacceptable behavior on the part of the sellers broker, but we’re all just speculating until he gives us more information. Over and out.

[denverd0n]

Originally Posted by Iron E

...if the contract stated that you could cancel, what were the exact terms of the cancelation? Probably not, "I just changed my mind."

Actually, every time that I have bought a boat (or a house, for that matter), there was a clause that allowed me to back out for any reason, or no reason at all. Typically after getting the results of a survey or inspection. And that would include, of course, "I just changed my mind."

I have never signed any contract, or put down money, before an initial look, as the OP appears to have done here. Nonetheless, if I was going to enter into such an agreement, I would be sure to include a clause that -- after the initial inspection -- the contract could be cancelled "at the buyers discretion."

The real point is that these kinds of clauses never require you to provide an explanation. And if you do provide an explanation, it is not up to the seller, or the seller's broker, to decide if the explanation is acceptable.

This, at least, has been my experience, here in the United States. Perhaps things are done differently in other countries. I don't know. In any case, as others have said, the OP needs to read the agreement that he signed very carefully, and probably talk to an attorney about how to proceed.

[Iron E]

We're all commenting on this post and OP hasn't been to this thread since posting it.

I sense we've been hornswoggled ... Hoist the Colors!

[lvictorlucas]

Pease post the broker name, company name, address and phone number so everyone can avoid him.

[boatman61]

Methinks it's a Troll... he joined, started the thread and has not returned since to view any responses.
But hey, it's kept folks amused for days..

[Roux]

Send them an equal invoice for your time and costs due to false advertising.

[CaptTom]

Someone joined this forum. Dropped one turd of a post. Never came back. I'd bet the same question was posted on a dozen other forums.

Seems like a waste of time discussing the question, without access to the terms of the contract. Which has already been said, repeatedly.

Nothing to see here. Move along.

[Schapera]

Originally Posted by OurPeace

Hello All,

I was recently charged $3000 dollars for "visiting" a boat that was for sale. I wasn't told there would be fee to visit the boat, and I didn't ask the boat to do anything it wouldn't have done if I wasn't there. The boat was simply at a dock, we never sea trialed or anything.

A bit more background... this is a boat I had a contract on, it was in the Caribbean, I visited it for 4 hours during a personal inspection (with opt out clause) on a day after the past charter was dropped off and its documented that I was told this was an off week for the vessel/crew.

Has this happened to anyone, its the first time I've ever heard of something like this.

Please note, we're not confusing this with the survey that was scheduled for a month later. This was my FIRST review of the boat in person. For far away boats its typical to have a contract with opt outs after a personal inspection which is exactly what happened here. The boat wasn't as advertised (not close) so we very politely declined to buy the boat.

As I'm fighting to get my escrow back, I don't want to post pictures, but the contract allowed for us to cancel the deal post inspection and post survey. We're now being charged for lost time in the charter business, for the crew expenses, dockage etc. Meanwhile the boat was on an off week and the expenses were a regular part of their charter business when off charter. Plus, we were not told we were incurring any expenses.

Has anyone ever been charged to visit a boat that they chose not to buy?

How did you pay? If by credit card just raise a dispute.

[Shaneesprit]

Sounds fairly safe to assume if you put money down and then don’t buy, you are likely to loose the money. That’s how deposits work.
You have obviously entered into some form of contract, otherwise the money would be in your pocket not theirs.

You could probably argue item is not as described, that would probably entitle to money back, but prove it and remember they will just say it’s just your opinion, which’ counts for nothing.

[TrentePieds]

I'm with Boatie.

The OP left it on the pavement, and we trod in it :-)!

TrentePieds