Sellers Beware - Criminal Trespass

[YADO]

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.

[belizesailor]

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.

[YADO]

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?"

[sailorboy1]

I would post it on a Internet forum!

[boatpoker]

Originally Posted by YADO

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 ?

[boatpoker]

How do you know your broker knows anything about this ?

[YADO]

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.

[Aquadome]

Contracts were signed to sell boat ... deposits made?

[MB750]

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.

[bsurvey]

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


if anyone doesn't know how unethical brokers are they are naïve

[Mike OReilly]

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), I’d say you’re over-reacting.

[YADO]

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.

[skipmac]

Originally Posted by bsurvey

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


if anyone doesn't know how unethical brokers are they are naïve

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.

[denverd0n]

Originally Posted by Mike OReilly

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.

[skipmac]

Originally Posted by denverd0n

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.