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Old 13-12-2011, 19:25   #61
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Quote:
Originally Posted by moto

At this point helping the family. On the outside chance that her Lawyer ( just spoke to the remaingng family members)can scare the bejesus out of him and he forks over the goods in exchange for no action against him, I most likely will buy. I'm not holding my breath though.
I can't help myself...

I wanna help the family vs. I wanna buy the boat with all the original stuff just sounds ingenuine when you keep writing it. It really appears you want to help yourself and if the family is helped that is good.

So you have no rights in this. Lets put that to bed.

The asset has been on the hard 10 years. You may be overvaluing it. The family is looking at $30k in current condition if you are to believed. The stuff that is gone from the boat is gone never to return. The worst/best that happens is POA is gonna get convicted of theft. Focusing on him is useless unless you want just to see him pay a fine or go to jail. But no one is gonna prosecute this.

It also gets you no closer to the missing stuff or owning this boat. You gotta focus on the boat. The the family has to find a lawyer and attempt to get title to the boat and sell the boat from a remote location. The lawyer is gonna end up with $10-15k. The family gets to split $15k and has all the agro. In reality the boat is likely worth $10k in today's market.

This is a case where you are approaching the family and saying, "Let's you and him fight. And in the end I am the winner."

If I were family (alcoholic history, absent dad considered) I would tell you I want nothing to do with this. If I were POA I'd laugh in your face as I am the only person who had any interaction with this guy at all. I may be able to prove funeral costs, body shipping costs to Canada and all kinds of mitigating factors you don't know about yet. I may end up looking like a hero and you like a vulture. If I were a policeman, states attorney etc. I would say this is not your fight. We need the family to complain. If I were a lawyer I would ask you for a rretainer up front and bill you by the hour.

I don't see how any of this works out in your favor.

Minor point - after the "burglary" you allege a crime is committed and you know who did it. However, it is not your property to complain about. It's like you came to the parking lot and saw a car window smashed. Looks like a crime was committed. But it's not your car! You have no right to file a complaint. Now if you walk out and there is a guy jimmying the lock, a crime could be in progress (it might be his car) and you dial 911 and report a crime in progress.

Your first post said you want advice. We thought you wanted advice whether to proceed. You have decided to proceed. You want advice on how to make the outcome in your favor.

Good luck with that...
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Old 13-12-2011, 20:29   #62
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Re: Bad people do bad things

Quote:
Originally Posted by moto View Post
I have a big problem before me. I will be very vague as far as details about the boat in question as well as my location for reasons that will be evident as you read this posting.
I had an agreement with a man to buy a vessel who presented himself as a P.O.A. for a failing gentleman (actual owner). Rather than act according to the law this person has destroyed the deceased's boat, robbing it of anything of value ( perkins 50 hp. , trans, winches,windlass, he even cut the turn buckles off the rigging,) I could go on and on. All this has been done with out the family even being notified of his passing. This man has destroyed this once very nice boat which I was willing to pay far more than the market value of the hiested equipment. Not understanding why this reckless and malicious charachter would do something so morally and leagally wrong I can only come to the conclusion that if he were to sell me the boat he would be required to turn the funds over to the estate where as if he sells the items he can put the money in his pocket and tell the true heirs that old boat was picked apart over the years and is not worth doing anything with. I have photos of the boat before and after these dirty deads have been done. The unsavory charachter has no Idea that I know any of this as well as spoken to the true heirs in another country. Compounding this scinario is what I must refer to as the most incompitent individuals known to man....Law Enforcement officers, who see nothing wrong with the actions and are of the position that if any wrong doing has occured that it is a civil matter and I had no right to ask for any investigating into the matter without written legal documentation from the survivors. My reply was, if my neighbors house was being robbed would I need to have that documentation to report it?
I still would like to buy the boat if all equipment comes with it. you all can catch my drift, or get the state attourney's office involved and deal dirctly with the surviving family

Moto, the boat is NOT going to come with that equipment. It's going to be sold. I've sen this done before.

It really doesn't matter what you talk about with the heirs in another country. If the police aren't interested, there will be no justice, and I'm sorry but you would be foolish to buy this boat. The family was taken by a psychopath. It's a shame but if the police don't care, then the police don't care.

This thief could actually be a person you don't want to notice you. Such people can be vengeful. If I were you I would quietly walk away.
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Old 14-12-2011, 06:23   #63
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I think I am missing a great opportunity here.

OP - I have a boat for sale. It's in great shape - comes with all the equipment - and I will take 30% over market value. It would REALLY help me out - and my family - and I am still alive!


http://www.yachtworld.com/boats/2011.../United-States


Thank you!!!
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Old 14-12-2011, 09:11   #64
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Re: Bad people do bad things

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Originally Posted by Sailagain View Post
I think I am missing a great opportunity here.

OP - I have a boat for sale. It's in great shape - comes with all the equipment - and I will take 30% over market value. It would REALLY help me out - and my family - and I am still alive!


2011 Beneteau 34 Sail Boat For Sale - www.yachtworld.com


Thank you!!!
Nice Boat but a bit out of my price range. funny!
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Old 14-12-2011, 09:26   #65
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Re: Bad people do bad things

Moto:
I don't see your point at all.
If the PoA is in due form and regular the person is entitled to "sell" the boat as he thinks fit. Meaning if he wants to take out some components and sale them piece by piece it's his right to do so and it's not theft.
Nothing nor anybody can oblige him to sell the boat as a whole. He can sell it by parts if the PoA doesn't state that he has to sell the boat as a whole.
There is no complain receivable here.
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Old 14-12-2011, 19:17   #66
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Re: Bad people do bad things

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Originally Posted by Don Lucas View Post
personally I don't see this as a boating issue and feel debating it here is improper as such

what possible advise are we here at CF going to be able bring

It's simple, Don. It IS a boating issue, and the OP had a chance to hear some other people offer their insights.

It it was about a car being stripped, I would agree with you, but it was about a boat, and I've seen it happen before.

If it HAD been a car, there would be no doubt that it was a crime. Why is it different because it's a boat? I would like to know.
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Old 14-12-2011, 19:24   #67
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Re: Bad people do bad things

Quote:
Originally Posted by Rakuflames View Post
It's simple, Don. It IS a boating issue, and the OP had a chance to hear some other people offer their insights.

It it was about a car being stripped, I would agree with you, but it was about a boat, and I've seen it happen before.

If it HAD been a car, there would be no doubt that it was a crime. Why is it different because it's a boat? I would like to know.
What would be the crime if it WAS a car? What crime is being comitted?
A travesty maybe...but what's the crime? Some guy doesn't get to buy a boat he wants the way he wants it?

More than one posted has pointed out that without the will or any other documentation...who knows what is correct or not .

If a POA is trying to raise money...parting out a car OR boat may raise more money...certainly quicker.... than trying to sell the whole in most cases.
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Old 14-12-2011, 19:25   #68
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Quote:
Originally Posted by Rakuflames

It's simple, Don. It IS a boating issue, and the OP had a chance to hear some other people offer their insights.

It it was about a car being stripped, I would agree with you, but it was about a boat, and I've seen it happen before.

If it HAD been a car, there would be no doubt that it was a crime. Why is it different because it's a boat? I would like to know.
You are missing a lot of information in the pervious replies

So the guys stripping the car have POA?
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Old 18-12-2011, 19:35   #69
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Re: Bad people do bad things

So Moto, what's the latest? Have you moved on or still working at it? Any progress?
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Old 18-12-2011, 19:58   #70
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Re: Bad people do bad things

Quote:
Originally Posted by moto View Post
. Bottom line I was an active buyer acting in good faith and the POS is a rotten SOB
past tense.. walk away the whole deal is not worth your time.. sounds like sour grapes on your part... the deal was not meant to be.
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Old 20-12-2011, 08:56   #71
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Re: Bad people do bad things

I'm with the others walk away. My wife works in real estate. This happens all the time. Someone out of state hires a listing agent to sell the house and the agent strips the house.

Complaining to the police does no good, filing a complaint to the real estate board just gets you a complaint filed back. NO PROOF. Even if you get a picture of them removing assets from the house they have a written contract, you don't. If you interfere YOU are tresspassing, and breaking the law.

Better is to just walk away, if you contacted the owners family, and told them your observations, thats the best you can do. What happens then is up to them.

If you still want the boat, just wait. Eventually just like a stripped house, someone will notice the current condition. Eventually it will be placed back on the market at a new price, with another agent. I have gotten a house extremely cheap that way, (of course I had to put a lot back in replacing missing appliances, and fixtures).

All you can do is warn people to be careful not to trust in strangers. Even strangers with professional licenses. Lawyers and executers are the biggest crooks I know, (well besides politicians). To become a realtor, or executor, all you have to do is pass a test, (note there is NOT even one moral question on this test).

I feel bad for the owner, but there is nothing anyone can do, the law protects the lawyers, not you or me.
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Old 20-12-2011, 09:07   #72
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Re: Bad people do bad things

Quote:
Originally Posted by Sailagain View Post
I think I am missing a great opportunity here.

OP - I have a boat for sale. It's in great shape - comes with all the equipment - and I will take 30% over market value. It would REALLY help me out - and my family - and I am still alive!


2011 Beneteau 34 Sail Boat For Sale - www.yachtworld.com


Thank you!!!
Were is the boat??? Maybe I can arrange to get the equipment off it and then you can lower the price.
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Old 20-12-2011, 09:11   #73
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Re: Bad people do bad things

One question Moto, not having read all the post but how do you know the man did not have permission to do what he did????
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