Broker issue

It could be libelous if the comments made were knowingly false. The danger for the broker or someone in a similar situation, where he has pi$$ed off a customer, is when the OP simply posts on a forum:

"I entered into a contract to buy a boat with XYZ Brokers in East Jesus County, NY. The contract had contingencies for surveys and sea trial; I gave the broker a 10% deposit by wiring funds to his account. The seller refused my offer and sent a counter offer, which I found to be unacceptable and refused to do. Now the broker has refused to return my deposit and is making various excuses and attempting to claim he has a lot of expenses in submitting the offer that I have to pay. What should I do?"

If those facts are true, then I don't think the OP has any exposure to a libel claim. However, the broker is screwed because there are potentially 26,000 Sea Ray owners who will read that post, but not only that, if the OP leaves it alone and the comments get started, the thread takes on a life of its own and the longer it lasts, the more distorted the story becomes. The broker can threaten, dance a jig, yell and shout, but he can't sue anyone because the OP told the truth and the owner of the forum has no control over who posts what. I have seen a dealer register on a forum (SRO) and attempt to defend himself, but that became a real fiasco for him because he spent more time correcting the assumptions others made as the thread grew than he did in defending himself.

I really think there is a lot of leverage in posting the facts in this type of situation on a site like CSR, but I certainly don't want to see it turn into a "bitchapalooza" where the dealers and mechanics who service our boats are criticized.
 
Update:

I called the sales guy on Tuesday 7/31/12. Since he uses initials and goes by a nickname - I asked what the initials stood for. He told me and I thanked him because this information was being forwarded to my attorney as he, his boss and the company would named in the pending action I was sending to my attorney.... He was surprised and said he thought this was all taken care of.

The next day I received a voicemail from him stating the check was processed on the previous Saturday and I should get the check any day. Also on 8/1/12 I received an email from the CFO stating that the check was mailed on 7/30/12.

Funny that the post mark was 8/1/12.

I did receive the check less $366 for "Showing, Mail and Time"....

More details after the check clears....
 
What the heck was the $366 deducted for? Was there something in your offer that you agreed to this?
 
I did receive the check less $366 for "Showing, Mail and Time".
Click to expand...

I wouldn't cash that check, I'd be on the phone DEMANDING ALL my money back.
 
MonacoMike said:
Oh, it is tough to agree with Wayne: don't cash the check.

MM
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You can cash the check with the following endorsement on the back: "Deposit as partial payment, without prejudice to 'your name' fair and equitable rights". Then call them and strongly tell them there is still $366 due!!!

Art
 
Art said:
You can cash the check with the following endorsement on the back: "Deposit as partial payment, without prejudice to 'your name' fair and equitable rights". Then call them and strongly tell them there is still $366 due!!!

Art
Click to expand...
Depends on how important $366 dollars is to a person based on the continued effort needed to reclaim it. I passed once on going after $800 I was due because I knew it would consume my time and energy for a while, and my lack of knowledge and preparation going in contributed to the situation.
 
I wouldn't pay this broker a dime for his time. Demand all your money back! After putting down a 10% deposit on a 410DA, I flew from Michigan to Florida to look at a boat (incurring significant expense). The boat was a piece of junk and and when I withdrew my offer, the broker gave me every penny back. He didn't have the nerve to ask me to cover his "showing, mail, and time" expenses. I can't ask the broker to pay me back for my travel expenses, so what gives him the right to ask you to cover his expenses? Last time I checked, commissions are only paid on sales--no matter what you are selling.


Sent from my iPad using Tapatalk HD
 
What a POS!!! Again, I agree with the masses here! I would fight it on principle alone!!
 
I have never had to pay a "BROKER" anything as a buyer. I have given "earnest money" checks to them while the boat was surveyed. If the contingencies were not met, the check always comes back in full. The Broker should never even have cashed the check.

I think something unethical is happening and yes, your attorney and the Broker and his agent should get into a dialogue. BTW, you always file complaints against the agent and his Broker. Makes for lots of squirming when it hits the fan. No Broker wants to take a hit for a simple agent. The Broker has a lot to lose. Much more than an agent.

73,
Marty
KG6QKJ
 
Sorry, I'd be on this like white on rice! He has no right to keep your funds. The seller is responsible for his time, and he is responsible for mail! Send him a bill for your time and effort to come look at the boat..... Forward the mess to an attorney, let them write him another letter.... As for the check, don't cash it. If you do, send him a reciept showing the balance due. Be sure to make the check with the bal due.
 
Ok ...... Now that idea I like.....:smt038 I don't know if it's legal or not but, post the name of the broken broker here, let the rest of us know just who this looser is
 
Local TV news shows in our area like to do stories on people that do questionable things to customer. One station has a lawyer who does well explaining what happened, what went wrong, what is required to correct the problem so no one else gets the same thing done to them. If you have any TV stations in your area with similar programs you might want to contact them. You get a lawyer for free provided you do not mind becoming part of the news.
 
See New thread - [h=2]Broker Issue - Deposit withheld from failed deal.[/h]
 
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