Lagoon dealer withholding deposit after boat inspection.

[revolutionseven]

Hi All,

We recently did 5 days of sea trials on a used lagoon charter boat. After a close inspection of the boat we decided not to go ahead with the purchase. The Lagoon dealer is now withholding the deposit.

The sale contract is clear that if the buyer refuses the boat the deposit must be returned. So the dealer is in breach of the contract.

Has anyone had problems like this before. Any ideas on how to solve this?

[CSY Man]

Originally Posted by revolutionseven

Hi All,

We recently did 5 days of sea trials on a used lagoon charter boat. After a close inspection of the boat we decided not to go ahead with the purchase. The Lagoon dealer is now withholding the deposit.

The sale contract is clear that if the buyer refuses the boat the deposit must be returned. So the dealer is in breach of the contract.

Has anyone had problems like this before. Any ideas on how to solve this?

5 Days of Sea Trial...?

If the contract clearly states your offer is subject to survey and sea trial, then you should get the money back. (If you made the decision within the time frame stated in the contract)

[MyCatLife]

5 days of sea trial? Was this a pre purchase charter / sea trial?

How much was the deposit?

[Stu Jackson]

How long has it been?
Has he refused your request(s)?
It is a holiday weekend, after all.
More details would really help here.

[gonesail]

there is usually a date in the contract where you have the last chance to refuse the boat. after that you lose the deposit.

[wingssail]

So you had a free rental for five days?

[revolutionseven]

Originally Posted by wingssail

So you had a free rental for five days?

No we chartered the boat for the 5 days so that we could test it out and get a good look at it.

[revolutionseven]

Originally Posted by MyCatLife

5 days of sea trial? Was this a pre purchase charter / sea trial?

How much was the deposit?

Yes we chartered the boat for the 5 days to get a good look at it and test it out properly.

The deposit was 5% which is quite a lot of cash.

[Uncle Bob]

Originally Posted by revolutionseven

Yes we chartered the boat for the 5 days to get a good look at it and test it out properly.

The deposit was 5% which is quite a lot of cash.

And how much was the five day charter?

[CSY Man]

Curious why you rejected the boat after 5 days?
Found structural problems, abnormal wear and tear, or both?

In many cases a new price can be negotiated if you find something unexpected.

[Bobby Lex]

Asking for legal advice on a boating forum....might not be the best course of action.

Bob

[Stu Jackson]

Originally Posted by Bobby Lex

Asking for legal advice on a boating forum....might not be the best course of action.

Bob

Quite right, and he also hasn't answered my questions in #4. Sounds fishy to me, so far...

[Cheyne]

Originally Posted by revolutionseven

No we chartered the boat for the 5 days so that we could test it out and get a good look at it.

Did you pay for the 5 day charter separately from the deposit? Or do you think the charter would be free if you didn't buy the boat.

[TrentePieds]

Revolutionseven said: "The sale contract is clear that if the buyer refuses the boat the deposit must be returned. So the dealer is in breach of the contract."

Hm... Don't think it would wash in this 'ere colony! A charter is one thing, a sea trial is another. Unless the dealer - whom you do not name, and you come here under a nom de plume - is managerially up the spout, there should be TWO documents, or two SEPARATE SECTIONS to one document, the one being a "Charter Party" the other an "Offer for Purchase and Sale".

The former should state unambiguously what the price you must pay for the charter is. Once you set foot on the boat, that's is a firm contract and you've already said here that you have "taken the benefit", so now you must pay the stated amount.

The latter is a CONDITIONAL contract, SUBJECT to certain conditions stated by YOU (not the dealer), conditions the boat must meet (as per survey and sea-trial). BEFORE you perform survey at your cost, and perform sea-trial, you must pay a DEPOSIT. That deposit must be returned to you ONLY if the boat does not meet the conditions laid down BY YOU. If you didn't state any conditions ("subjects") you are up the spout!

Are you sure you read the documentation before you signed it? And understood it? Or are you just hoping that we will heedlessly support you in a position you know to be untenable?

Hie thee to a solicitor! An "attorney", I believe you would call such a person. And next time you have a kick at the cat, employ a "buyer's broker" who knows what he is doing. And pay him!

If you believe you have a REAL complaint against the Dealer and you would like to warn other potential buyers against him, you can post your paperwork in its entirety here, so we may know PRECISELY whereof you speak. You will then get a thousand LAYMEN's opinions on it, which are worth what you'll be paying for them. And you will no doubt hear from the dealer's attorney :-)!

Bonne chance :-)!

TrentePieds

[rabbi]

What Treentepieds said.

Sounds like you are buying from a charter company. Dream?