Cruisers Forum
 


Join CruisersForum Today

Reply
 
Thread Tools Search this Thread Rate Thread Display Modes
Old 21-06-2017, 06:55   #1
Registered User

Join Date: Jun 2007
Posts: 96
Sellers Beware - Criminal Trespass

I learned yesterday that our broker allowed the buyer of my boat to take possession before settlement. We have not yet closed and I have not received compensation, i.e., have not been paid.

We have no clause in the contract for early possession. In a house one might sign amendment allowing for this, would be considered rent and the owner compensated.

I received a call from my detailer two days ago that "some women is moving boxes on to your boat."

My insurance company does not allow for someone to use our boat as a storage shed and unauthorized people can not enter the boat.

In Florida entering a locked property (my boat) without my explicit permission may be considered "criminal trespass". I've not yet discovered what the brokers liability is in this situation. The possessions he stored on the boat were not addressed in the contract and are technically mine.

We will close and put this behind us (hopefully) but this is something buyers and sellers should address when negotiating a contract.
__________________

YADO is offline   Reply With Quote
Old 21-06-2017, 07:15   #2
Registered User

Join Date: Dec 2010
Location: W Carib
Boat: Wildcat 35, Hobie 33
Posts: 12,178
Re: Sellers Beware - Criminal Trespass

Personally, I would tell the broker to get the buyer off my boat or face legal action....because if something were to go bad wrong like boat sinking, boat theft, boat fire your insurance company likely wont pay...depositing you into a legal mess.
__________________

belizesailor is offline   Reply With Quote
Old 21-06-2017, 07:25   #3
Registered User

Join Date: Jun 2007
Posts: 96
Re: Sellers Beware - Criminal Trespass

Thank you. My thoughts exactly. In a perfect world one could just let it slide but their are consequences and liability issues. Has anyone dealt with this before in Florida? The broker is to represent the seller and not to provide shelter for the buyer. As I put it to her, "What were you thinking?"
YADO is offline   Reply With Quote
Old 21-06-2017, 07:26   #4
Are you serious?
 
sailorboy1's Avatar

Join Date: Jul 2007
Location: currently in Jacksonville Fl
Boat: Hunter 410
Posts: 16,608
Re: Sellers Beware - Criminal Trespass

I would post it on a Internet forum!
__________________
jobless, houseless, clueless, living on a boat and cruising around somewhere
sailorboy1 is online now   Reply With Quote
Old 21-06-2017, 07:26   #5
Marine Service Provider
 
boatpoker's Avatar

Join Date: Nov 2008
Location: Whitby, Ontario or Bahamas
Boat: Benford 38 Fantail Cruiser
Posts: 4,202
Re: Sellers Beware - Criminal Trespass

Quote:
Originally Posted by YADO View Post
I learned yesterday that our broker allowed the buyer of my boat to take possession before settlement. We have not yet closed and I have not received compensation, i.e., have not been paid.

We have no clause in the contract for early possession. In a house one might sign amendment allowing for this, would be considered rent and the owner compensated.

I received a call from my detailer two days ago that "some women is moving boxes on to your boat."

My insurance company does not allow for someone to use our boat as a storage shed and unauthorized people can not enter the boat.

In Florida entering a locked property (my boat) without my explicit permission may be considered "criminal trespass". I've not yet discovered what the brokers liability is in this situation. The possessions he stored on the boat were not addressed in the contract and are technically mine.

We will close and put this behind us (hopefully) but this is something buyers and sellers should address when negotiating a contract.
What does your broker have to say about it ?
__________________
That hysterical laughter you hear as you sail a way in your "new" boat ..... is the seller.
boatpoker is offline   Reply With Quote
Old 21-06-2017, 07:29   #6
Marine Service Provider
 
boatpoker's Avatar

Join Date: Nov 2008
Location: Whitby, Ontario or Bahamas
Boat: Benford 38 Fantail Cruiser
Posts: 4,202
Re: Sellers Beware - Criminal Trespass

How do you know your broker knows anything about this ?
__________________
That hysterical laughter you hear as you sail a way in your "new" boat ..... is the seller.
boatpoker is offline   Reply With Quote
Old 21-06-2017, 07:59   #7
Registered User

Join Date: Jun 2007
Posts: 96
Re: Sellers Beware - Criminal Trespass

As soon as I learned he had moved onto the boat I contacted her. "How do you know your broker knows anything about this?" She's the buyers broker too.

She wrote to say he is off the boat, she has the key and the boat is still on the dock.

Why post it on the internet? Because it pissed me off and it's good to get perspective from others. You don't move on to a boat until settlement without discussing it with the seller, and there is the issue of liability, among others.
YADO is offline   Reply With Quote
Old 21-06-2017, 08:15   #8
Registered User

Join Date: Jun 2014
Location: Caribbean cruising
Boat: Four Winns V435
Posts: 96
Images: 5
Re: Sellers Beware - Criminal Trespass

Contracts were signed to sell boat ... deposits made?
Aquadome is offline   Reply With Quote
Old 21-06-2017, 08:16   #9
Registered User

Join Date: Jun 2017
Posts: 12
Re: Sellers Beware - Criminal Trespass

Some people are too paranoid about putting information on the internet even though there's absolutely zero percent chance of proving anything said. Personally, I love the internet for stuff like this. You didn't say your name, your brokers name, where your boat is, or anything else to implicate anyone or anything.

Best of luck with this, good luck with the sale too.
MB750 is offline   Reply With Quote
Old 21-06-2017, 08:25   #10
Registered User

Join Date: Sep 2014
Posts: 412
Re: Sellers Beware - Criminal Trespass

stop whining, you sold the boat and are getting some money


if anyone doesn't know how unethical brokers are they are nave
bsurvey is offline   Reply With Quote
Old 21-06-2017, 08:30   #11
Registered User
 
Mike OReilly's Avatar

Join Date: Sep 2011
Location: Good question
Boat: Rafiki 37
Posts: 8,445
Re: Sellers Beware - Criminal Trespass

Hard to make a reasonable assessment based on only your perspective. But given what you say I think you need to chill out and have another beer. Sounds like the deal was done, the buyer made a modest request to start moving stuff on board, and the broker was kind enough to facilitate it. I think most reasonable people would be fine with this.

Unless you have reason to distrust this broker or this buyer (in which case, why are you dealing with them), Id say youre over-reacting.
__________________
Why go fast, when you can go slow.
BLOG: www.helplink.com/CLAFC
Mike OReilly is online now   Reply With Quote
Old 21-06-2017, 08:31   #12
Registered User

Join Date: Jun 2007
Posts: 96
Re: Sellers Beware - Criminal Trespass

This is about the issue of a buyer moving on to a boat before settlement, it's not about indicting a person for persons. This is not personal, this is about protocol and liability.

Contract is signed and waiting for paperwork to process before funds are dispersed. It's almost finalized but is held up in settlement.

Imagine you're selling your house, the settlement company screwed up the paperwork but the buyer moved in 3 days early. Just showed up and moved his boxes into your house, which you still own and are free to live in.

My goal is to discuss this as an issue, the broker has taken responsibility for it (just now), but as I said to her, "What were you thinking?" No harm, no foul as long as nothing happens between now and settlement. Just don't move buyer's on without the owner's agreement, it's just plain wrong.
YADO is offline   Reply With Quote
Old 21-06-2017, 08:40   #13
Senior Cruiser
 
skipmac's Avatar

Cruisers Forum Supporter

Join Date: Oct 2007
Location: 29 49.16 N 82 25.82 W
Boat: Pearson 422
Posts: 14,777
Re: Sellers Beware - Criminal Trespass

Quote:
Originally Posted by bsurvey View Post
stop whining, you sold the boat and are getting some money


if anyone doesn't know how unethical brokers are they are nave
Quite a blanket indictment against brokers. is that all brokers in the world or just brokers in Florida?

FYI several, very nice, honest and ethical members of this forum are brokers. I was a yacht broker for several years and find your remark quite insulting.

Also, the OP is quite correct in that there could be serious legal and financial risk to having the potential buyer move onto the boat before the deal is closed and that risk falls mainly on the seller.
__________________
The water is always bluer on the other side of the ocean.
Sometimes it's necessary to state the obvious for the benefit of the oblivious.
Rust is the poor man's Loctite.
skipmac is offline   Reply With Quote
Old 21-06-2017, 08:43   #14
Registered User
 
denverd0n's Avatar

Join Date: Jun 2008
Location: Tampa, FL
Posts: 4,641
Images: 6
Re: Sellers Beware - Criminal Trespass

Quote:
Originally Posted by Mike OReilly View Post
Sounds like the deal was done, the buyer made a modest request to start moving stuff on board, and the broker was kind enough to facilitate it. I think most reasonable people would be fine with this.
I agree. I would certainly be fine with this. BUT...

What I would absolutely NOT be fine with is the broker making this decision without first asking if it was okay, or at the very least notifying me about this. That's the big problem here.

If my broker called and asked if it was okay for the buyer to move a few things onboard before the settlement, I would say, "sure, fine, no problem." If I heard about this happening second-hand (as the OP did) I would be sorely tempted to file a grievance against the broker. In Florida, boat brokers must be licensed by the state Department of Business and Professional Regulation, and I suspect that they would be very interested to hear what this broker is doing.
denverd0n is offline   Reply With Quote
Old 21-06-2017, 08:45   #15
Senior Cruiser
 
skipmac's Avatar

Cruisers Forum Supporter

Join Date: Oct 2007
Location: 29 49.16 N 82 25.82 W
Boat: Pearson 422
Posts: 14,777
Re: Sellers Beware - Criminal Trespass

Quote:
Originally Posted by denverd0n View Post
I agree. I would certainly be fine with this. BUT...

What I would absolutely NOT be fine with is the broker making this decision without first asking if it was okay, or at the very least notifying me about this. That's the big problem here.

If my broker called and asked if it was okay for the buyer to move a few things onboard before the settlement, I would say, "sure, fine, no problem." If I heard about this happening second-hand (as the OP did) I would be sorely tempted to file a grievance against the broker. In Florida, boat brokers must be licensed by the state Department of Business and Professional Regulation, and I suspect that they would be very interested to hear what this broker is doing.
Exactly! Failure to get permission of the owner is the crux of the matter.
__________________

__________________
The water is always bluer on the other side of the ocean.
Sometimes it's necessary to state the obvious for the benefit of the oblivious.
Rust is the poor man's Loctite.
skipmac is offline   Reply With Quote
Reply

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Questions for Buyers & Sellers sailorcherry General Sailing Forum 4 08-02-2017 13:55
Am I being to sensitive regarding a prop sellers online selling policy? GoingWalkabout Our Community 42 28-11-2015 05:35
Buying a boat is really hard, things sellers should know l2ridehd Monohull Sailboats 43 24-09-2015 15:58
Iridium minute sellers? gbanker Marine Electronics 1 21-03-2011 18:04
Criminal Penalties for Hit/Run Freighters? andrejsv General Sailing Forum 8 14-05-2009 03:36

Advertise Here


All times are GMT -7. The time now is 17:31.


Google+
Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
Social Knowledge Networks
Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2020, vBulletin Solutions, Inc.

ShowCase vBulletin Plugins by Drive Thru Online, Inc.