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Old 17-10-2016, 18:28   #1
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Florida marine or contract attorney rec's.

My purchase of a Florida boats is getting really strange, to the point I may need legal assistance. Who is the best person to help to make sure my signed contract is secure?

Where would you start...attorney...maritime lawyer....maritime arbitration listed on the contract???

Obviously, still trying to trust humanity...but these guys are challenging my faith!

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Old 17-10-2016, 20:00   #2
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Re: Florida marine or contract attorney rec's.

Assuming you've got one what say your friendly yacht broker in this matter?
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Old 17-10-2016, 20:05   #3
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Re: Florida marine or contract attorney rec's.

I don't have a "buyers broker" have bought probably 20 boats and never had a need...I always perform as promised...and really do expect others to do the same...cheers
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Old 17-10-2016, 20:12   #4
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Re: Florida marine or contract attorney rec's.

guess what I'm really asking is, has anyone ever gone into arbitration or had an attorney help keep things on track...or taken a broker to court for "not performing"
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Old 17-10-2016, 20:17   #5
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Re: Florida marine or contract attorney rec's.

Snags in the buying and selling process happen often. Sometimes "closing dates" are changed a half dozen times due any number of reasons. If you could give a little more detail or even pm the info it would be easier to give advice.

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Old 17-10-2016, 20:17   #6
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Re: Florida marine or contract attorney rec's.

I know of brokers that occasionally get shorted on commission depending on the closing details and they say going to court isn't worth the 5k or so they were shorted.

So unless you're buying a super mega bucks thing I wouldn't really expect it worthwhile to consider going to court
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Old 17-10-2016, 20:19   #7
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Re: Florida marine or contract attorney rec's.

Understand. I used an attorney in RI to consult on a boat LLC. PM me and I'll look for his name tomorrow when I'm not so groggy.
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Old 18-10-2016, 09:46   #8
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Re: Florida marine or contract attorney rec's.

IMO if that little person inside your mind is telling you that there is a problem, then you should follow your gut instincts. I would spring for a consult with an local attorney. Normally they will give you 45 minutes or an hour consult at no charge. If you've come here with nagging concerns, obviously you have a problem. I would seek professional help.
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Old 18-10-2016, 11:33   #9
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Re: Florida marine or contract attorney rec's.

Some states have small claims court where suits are less than maybe $10k and attorney is not needed.
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Old 18-10-2016, 12:54   #10
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Re: Florida marine or contract attorney rec's.

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Originally Posted by windhorze View Post
I don't have a "buyers broker" have bought probably 20 boats and never had a need...I always perform as promised...and really do expect others to do the same...cheers
i've bought several boats over the decades and always engage a buyer's broker. why wouldn't you? he splits the commission with the seller's broker which is paid by the seller. you get free representation.
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Old 18-10-2016, 13:02   #11
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Re: Florida marine or contract attorney rec's.

If that little voice in my head was concerned. If possible, I'd try to get out of the deal. My experience is that if someone is a little out there, they often don't get better.
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Old 19-10-2016, 05:38   #12
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Re: Florida marine or contract attorney rec's.

How much do you value "trust" if say you are laying down $200,000 for a used trawler? I would think that the level of trust is inversely proportional to the amount of money being placed on the table.
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Old 19-10-2016, 06:42   #13
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Re: Florida marine or contract attorney rec's.

If you've signed a P & S which stipulates an arbitrator, particularly a specific arbitrator, then that means that any court, including small claims is more than likely out the window. Any dispute is going to go to that arbitrator. If the P & S was written by the seller (sellers broker) and lists an arbitrator, then that is the arbitrator hired by the seller or sellers broker. Look into the history of arbitration, for example those used by banks. There is an astonishing percentage of verdicts in the favor of the bank in the case of arbitration. After all, they are the ones bringing repeat business, not you.

I would not go to an arbitrator listed on the P & S. That would be like going directly to the judge. You would want to discuss with a lawyer.

The boat must be a smoking deal to be willing to pay legal fees on top of purchase price to take possession of it.

Maybe if you laid down some generic details about the issue??
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Old 19-10-2016, 07:52   #14
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Re: Florida marine or contract attorney rec's.

Quote:
Originally Posted by crabcake View Post
IMO if that little person inside your mind is telling you that there is a problem, then you should follow your gut instincts. I would spring for a consult with an local attorney. Normally they will give you 45 minutes or an hour consult at no charge. If you've come here with nagging concerns, obviously you have a problem. I would seek professional help.
Ditto. Big time.

To the OP... I wouldn't even bother spilling the details here. No one here is going to give you useful legal advice. They just want to know the details because they are curious. I'm curious, too, but you need to be talking to a lawyer, not a bunch of strangers on a public internet forum.

Good luck.
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Old 19-10-2016, 07:53   #15
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Re: Florida marine or contract attorney rec's.

Wow, I didn't know that about the arbitrator...thanks

It's a smoking deal on a project boat, can't believe the antics I seem to be up against.
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