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Old 11-09-2015, 16:08   #16
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Re: Thinking of Buying a French Boat?

I guess the first and most important question is was the trade in vessel paid for...can.t imagine giving up ownership of my vessel untill new one was at dock..at least thats how we do it in canada. .
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Old 11-09-2015, 16:13   #17
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Re: Thinking of Buying a French Boat?

I guess the question is was the trade in vessel paid for. .can.t imagine giving up ownership of my vessel untill new one was at the dock at least thats how we do it in canada. .
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Old 11-09-2015, 16:49   #18
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Re: Thinking of Buying a French Boat?

"Trying not to -- trying to somehow get a reasonable solution - resolution."

And this is part of that process, is it?
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Old 11-09-2015, 17:00   #19
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Re: Thinking of Buying a French Boat?

Obvious trolling is obvious.
Or is this common.
Last month I bought a $500,000 house. The bank took it when I owed less then $3.75. Those jerks.....
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Old 11-09-2015, 17:04   #20
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Re: Thinking of Buying a French Boat?

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"Trying not to -- trying to somehow get a reasonable solution - resolution."

And this is part of that process, is it?
After a life threatening illness , it is not unusual for someone to rebuild their confidence and priorities slowly.

If seeking reassurance from perfect strangers is part of that process, I would be inclined to just listen and let it come out at Susan's own pace

We all cope with problems in different ways and sometimes just knowing someone is listening without judging or even trying to solve the problem..... is the kind of virtual support that CF should be capable of.
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Old 11-09-2015, 17:05   #21
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Re: Thinking of Buying a French Boat?

I was curious if it is typical to make such a large boat purchase, in cash, without legal representation. Not assuming here that is the case, but do not see any mention of legal counsel. I can't imagine a broker is "good enough" when it comes to something like this.


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Old 11-09-2015, 18:47   #22
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Re: Thinking of Buying a French Boat?

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I was curious if it is typical to make such a large boat purchase, in cash, without legal representation. Not assuming here that is the case, but do not see any mention of legal counsel. I can't imagine a broker is "good enough" when it comes to something like this.
You must be in the US

In my experience, yes it is typical in many places.
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Old 11-09-2015, 19:44   #23
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Re: Thinking of Buying a French Boat?

Quite often it is the broker who represents the Buyer ..... but it can become a bit grey as to proper representation on a new purchase, if the broker is also a registered dealer for the builder.

If purchase agreement/contract is under French Law, that is pretty good, since "intent" carries more weight than a purely legal interpretation of the wording in France.

Buyers can have a "permissible delay" also in making final payment to Builder and Builder should first invoke liquidated damages or penalties because of extended final payment delay, before cancelling the sales agreement.

Someone is playing hardball
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Old 11-09-2015, 20:22   #24
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Re: Thinking of Buying a French Boat?

Susan, I'm a bit confused here! Are you saying that you paid 525,000 dollars over to the builder, out of a 550,000 total, and the builder then took the boat back to France and terminated the contract AND has kept all the money?

I am no lawyer, but that seems so obviously wrong that it is hard to believe. There is no way to recover a lost year, but surely there is a legal means of recovering your money.

Or maybe I am misunderstanding the whole thing...

Jim
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Old 11-09-2015, 20:59   #25
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Re: Thinking of Buying a French Boat?

Quote:
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Susan, I'm a bit confused here! Are you saying that you paid 525,000 dollars over to the builder, out of a 550,000 total, and the builder then took the boat back to France and terminated the contract AND has kept all the money?

I am no lawyer, but that seems so obviously wrong that it is hard to believe. There is no way to recover a lost year, but surely there is a legal means of recovering your money.

Or maybe I am misunderstanding the whole thing...

Jim
Ach, finally somebody wrote it down.

SH, is Jim right? That's how I read it and if true makes all the replies other than the troll ones, pretty meaningless.

Hope, in spite of that, that you're healing fast.
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Old 11-09-2015, 23:51   #26
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Re: Thinking of Buying a French Boat?

There's no way Dufour is keeping your $500,000 without delivering anything to you. It's patently illegal in both the U.S. and France, and so far outside of business norms that I can't believe you've actually explained the situation correctly.

The maximum remuneration for a broken contract would be either (a) a forfeiture of a contracted deposit amount, typically 15% (which is is how Beneteau--parent company of Dufour--contracts are written) or (b) return of residual after the defaulted article is sold to another party which would be the case in a true repossession.

The bottom line is that under no legal theory in either country is Dufour owed more than the agreed upon purchase price of the boat plus whatever expenses they can prove they had in recovering it and reselling it.

So assuming that they did repossess the boat, ship it back to France, and sell it, your maximum loss would be the recovery costs and the difference between their contract price with you and what they actually sold it for. While that may be a lot, it's not $500,000 no matter how you slice it.

Either way, you still have rights and should higher a >French< law firm to get the remaining money back.
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Old 12-09-2015, 00:41   #27
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Re: Thinking of Buying a French Boat?

I don't believe the original post. I see it as an obvious attempt by the OP to trash a boat manufacturer regarding some sort of personal disagreement, and I'm surprised the thread has been allowed to continue.

There... Someone had to say it.

We're not getting the complete story.
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Old 12-09-2015, 05:59   #28
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Re: Thinking of Buying a French Boat?

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Quite often it is the broker who represents the Buyer ..... but it can become a bit grey as to proper representation on a new purchase, if the broker is also a registered dealer for the (snip)
"Broker" and "dealer" are two different concepts in the world of boats, just like in financial markets. AFAIK the normal process to buy a NEW boat in the US involves a manufacturer-appointed dealer, not a broker. Another story is that many folks also use lawyers, etc.



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Old 12-09-2015, 06:48   #29
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Re: Thinking of Buying a French Boat?

Agreed, but builders award overseas dealership status to brokerage companies so lines can be fuzzy especially if it involves a trade in
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Old 12-09-2015, 12:00   #30
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Re: Thinking of Buying a French Boat?

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Agreed, but builders award overseas dealership status to brokerage companies so lines can be fuzzy especially if it involves a trade in
I understand that the perception may be fuzzy in those cases where a "broker" is presented (never in paper) as a "dealer", but at least in the few cases I know of the reality is very clear. In those cases "broker" is only an "agent" of the foreign "principal" that is the seller of the boat in the contract. Therefore if buyers wants to sue for the full amount they have to choose between suing overseas (which is difficult) or sue at home (and end of with a judgement that cannot be turned into money).

For comparison, a proper "dealer" will actually buy the boat from the factory an sell it to the buyer and have assets that are local to the buyer, hence buyer has better options if there is trouble.

I would steer away from anyone who presents as a "dealer" what is really a "broker".
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