Steve S
Well-Known Member
- Jun 5, 2007
- 3,144
- Boat Info
- 2000 400 Sedan Bridge with twin CAT 3116's
2000 340 Sundancer - SOLD!
210 Monaco 1987 - SOLD!
- Engines
- Twin Caterpillar 3116's 350 HP straight drives
On June 5[SUP]th[/SUP], 2012 I signed a contract submitting an offer on a 1999 Sea Ray 340 Sundancer with a broker. The contract did have contingencies for surveys and sea trials; Along with this offer I submitted a 10% deposit of the offer plus an additional 10% of a $250 closing fee specified in the contract. I gave the broker this 10% deposit by wiring funds directly to the their escrow account per the instructions of the sales agent.
<My offer was based on data I received from recent sales listed in "Soldboats.com">
The seller refused my offer and sent a "firm" counter offer, which I found to be unacceptable and I refused to accept this counter offer or make an additional counter offer. On 6/14/12 I informed the sales agent that I was not going to counter offer and I was withdrawing my offer and would be expecting my deposit to be refunded.
The boast was still winterized and in storage and was not in the water yet. There was no survey performed since we had not agreed on a price. There were no miscellaneous fees incurred.
Per Article #5 of the contract – “Should the boat be rejected by the Buyer or the purchase not be consummated by reason of contingencies set forth or by destruction of the boat for any reason, including an act of God, the deposit shall be returned to the Buyer and this agreement becomes null and void."
I sent additional communications to the sales agent on 6/14/12 and on 6/20/12 via the sales agents email requesting the deposit to be refunded.
On Wednesday, 6/20/12 I received a communication from the CFO (from a different email address) stating the sales agent "has gave me the file, I have been traveling at the boat shows, I will be back in the office Late Fri. And take care of it then."
On 7/3/12 I inquired again asking if the check had been processed as promised on 6/20/12. I received no response to this email.
On 7/6/12 I again sent a request asking for my deposit to be sent to me and expressing that I felt they were stalling in processing this refund.
On 7/9/12 I received this response from the CFO: "Yes i will get to this this week, i have been very busy with brokering, sea-trials, and closeting on sold boats,this is the busyest month of the year and i don't have any help in finance any more, O! This is the first e-mail i have got from you! i don't get sales e-mails to xxx ..... My office and e-mail is XXX.
i see you low-balled this boat/offer 10k under NADA then tryed to hurry it up, then never countered? (i have $366.00 in charges/cost
To this deal) we don't work for free!
Note: This was received from the same email address that I received the 6/20/12 communication. "First Email"? Each email was received on a custom "stationary" form.
On 7/9/12, I responded to the previous email from the CFO, thanking him for his "prompt attention in this matter" discussing his negative points about the offer.
On 7/23/12, I still had not received my deposit. I responded with an email stating that I thought that the broker was now intentionally withholding payment on the refund of my deposit. I gave a date of 7/31/12 for receipt of my deposit or I would have to forward this matter to my attorney.
On 7/31/12, I still had not received the deposit refund. That evening, I called the sales agent and expressed that this matter was being turned over to my attorney. He was surprised that I had not received the check and said he would followup on it in the morning. The following morning, 8/1/12, I received a message from the sales agent stating that he had spoken with the CFO and the check was processed on Saturday, 7/28/12 and that I should receive the check "any day".
On 8/1/12, I received this email from the CFO: "Your deposit has been mailed out 07/30/2012, Sorry for the delay I have been very busy"
On 8/4/12, I received a check for the deposit less $366.00 for "showing, mail, time,". NOTE: THE POSTMARK ON THE ENVELOPE WAS 8/1/2012!
As such, the fact that the broker has withheld $366.00 from my deposit for nonexistent fees for “showing, mail, time” on a “Null and Void” contract, I think is unethical, fraudulent and as far as I am concerned outright theft (larceny) of my money. How should I handle recovering the remaining balance of my deposit? :huh:
Thanks!
<My offer was based on data I received from recent sales listed in "Soldboats.com">
The seller refused my offer and sent a "firm" counter offer, which I found to be unacceptable and I refused to accept this counter offer or make an additional counter offer. On 6/14/12 I informed the sales agent that I was not going to counter offer and I was withdrawing my offer and would be expecting my deposit to be refunded.
The boast was still winterized and in storage and was not in the water yet. There was no survey performed since we had not agreed on a price. There were no miscellaneous fees incurred.
Per Article #5 of the contract – “Should the boat be rejected by the Buyer or the purchase not be consummated by reason of contingencies set forth or by destruction of the boat for any reason, including an act of God, the deposit shall be returned to the Buyer and this agreement becomes null and void."
I sent additional communications to the sales agent on 6/14/12 and on 6/20/12 via the sales agents email requesting the deposit to be refunded.
On Wednesday, 6/20/12 I received a communication from the CFO (from a different email address) stating the sales agent "has gave me the file, I have been traveling at the boat shows, I will be back in the office Late Fri. And take care of it then."
On 7/3/12 I inquired again asking if the check had been processed as promised on 6/20/12. I received no response to this email.
On 7/6/12 I again sent a request asking for my deposit to be sent to me and expressing that I felt they were stalling in processing this refund.
On 7/9/12 I received this response from the CFO: "Yes i will get to this this week, i have been very busy with brokering, sea-trials, and closeting on sold boats,this is the busyest month of the year and i don't have any help in finance any more, O! This is the first e-mail i have got from you! i don't get sales e-mails to xxx ..... My office and e-mail is XXX.
i see you low-balled this boat/offer 10k under NADA then tryed to hurry it up, then never countered? (i have $366.00 in charges/cost
To this deal) we don't work for free!
Note: This was received from the same email address that I received the 6/20/12 communication. "First Email"? Each email was received on a custom "stationary" form.
On 7/9/12, I responded to the previous email from the CFO, thanking him for his "prompt attention in this matter" discussing his negative points about the offer.
On 7/23/12, I still had not received my deposit. I responded with an email stating that I thought that the broker was now intentionally withholding payment on the refund of my deposit. I gave a date of 7/31/12 for receipt of my deposit or I would have to forward this matter to my attorney.
On 7/31/12, I still had not received the deposit refund. That evening, I called the sales agent and expressed that this matter was being turned over to my attorney. He was surprised that I had not received the check and said he would followup on it in the morning. The following morning, 8/1/12, I received a message from the sales agent stating that he had spoken with the CFO and the check was processed on Saturday, 7/28/12 and that I should receive the check "any day".
On 8/1/12, I received this email from the CFO: "Your deposit has been mailed out 07/30/2012, Sorry for the delay I have been very busy"
On 8/4/12, I received a check for the deposit less $366.00 for "showing, mail, time,". NOTE: THE POSTMARK ON THE ENVELOPE WAS 8/1/2012!
As such, the fact that the broker has withheld $366.00 from my deposit for nonexistent fees for “showing, mail, time” on a “Null and Void” contract, I think is unethical, fraudulent and as far as I am concerned outright theft (larceny) of my money. How should I handle recovering the remaining balance of my deposit? :huh:
Thanks!
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