Annapolis Yacht Sales and Jonathan Hutchings

[boatymcboatface]

I had a terrible experience selling a boat using Jonathan and Anne Hutchings of Annapolis Yacht Sales. I know that yacht brokers have a bad all around reputation, but I never realized how slimy they can be.
The most common complaint tends to be that they put so little effort in to selling a boat, and Annapolis Yacht Sales seems to be no different in this regard. It took a month from contract signing to yacht listing during the summer season, which seems overly long to me. Fine, so be it, I was expecting this.
I later find out that someone had emailed him wanting to make an offer for my boat that same summer. This was never communicated to me. I knew someone was interested, as I had sent the contact for the potential buyer to AYS, but only head back from Jonathan, only he was considering other options.
At this point, I began having my lawyer look at everything. The potential buyer had forwarded me his communication with Jonathan, asking why he wasn’t responding. My lawyer told me that it looked like an offer (the email gave a price and said offer), and by contract, I should have been informed, but wasn’t. I coughed it up to incompetence (which I still believe) and let it slide. I had too many things going on handle this.
Finally, my boat came under offer this spring and I really got to see Annapolis Yacht Sales true nature. The first lie Jonathan told me was that I was contractually obligated to fix the problems found on the survey. My lawyer laughed.
Next, he tried to get me to sign something that would guarantee his commission regardless of the sale outcome. My lawyer had some colorful language for this.
Finally, after negotiation based on survey findings, the price of the boat was lowered about 10%. Jonathan then claimed that his commission is based on offer price, not sale price because that is the standard in the industry. That was a lie. The standard is based on final sale price, not initial offer price. The contract also was very explicit. My lawyer was incredulous.
If you want to sell a boat with these brokers, have your lawyer double check EVERYTHING. I am certain it saved me a lot of money and even more headache in the long run. Even then, caveat emptor.

[denverd0n]

Originally Posted by boatymcboatface

My lawyer told me that it looked like an offer (the email gave a price and said offer), and by contract, I should have been informed, but wasn’t.

This is the point where I would have had my lawyer send AYS a letter informing them that they had breached the contract, and therefore I was taking my business elsewhere.

[Lantau]

Originally Posted by boatymcboatface

I had a terrible experience selling a boat using Jonathan and Anne Hutchings of Annapolis Yacht Sales. I know that yacht brokers have a bad all around reputation, but I never realized how slimy they can be.
The most common complaint tends to be that they put so little effort in to selling a boat, and Annapolis Yacht Sales seems to be no different in this regard. It took a month from contract signing to yacht listing during the summer season, which seems overly long to me. Fine, so be it, I was expecting this.
I later find out that someone had emailed him wanting to make an offer for my boat that same summer. This was never communicated to me. I knew someone was interested, as I had sent the contact for the potential buyer to AYS, but only head back from Jonathan, only he was considering other options.
At this point, I began having my lawyer look at everything. The potential buyer had forwarded me his communication with Jonathan, asking why he wasn’t responding. My lawyer told me that it looked like an offer (the email gave a price and said offer), and by contract, I should have been informed, but wasn’t. I coughed it up to incompetence (which I still believe) and let it slide. I had too many things going on handle this.
Finally, my boat came under offer this spring and I really got to see Annapolis Yacht Sales true nature. The first lie Jonathan told me was that I was contractually obligated to fix the problems found on the survey. My lawyer laughed.
Next, he tried to get me to sign something that would guarantee his commission regardless of the sale outcome. My lawyer had some colorful language for this.
Finally, after negotiation based on survey findings, the price of the boat was lowered about 10%. Jonathan then claimed that his commission is based on offer price, not sale price because that is the standard in the industry. That was a lie. The standard is based on final sale price, not initial offer price. The contract also was very explicit. My lawyer was incredulous.
If you want to sell a boat with these brokers, have your lawyer double check EVERYTHING. I am certain it saved me a lot of money and even more headache in the long run. Even then, caveat emptor.

At the risk of the ire of brokers, all of this sounds familiar. I have experienced it all. I think the lesson is not to expect much, and to question everything. Get everything in writing. If the writing is disagreeable, question it. (I'm amazed at the poor English of many brokerage contracts. Have they heard of the comma?) Don't even assume that your broker has ever read the contract he has asked you to sign. And ALWAYS assume that the contract is designed to protect the broker first -- and sometimes solely.

[svHyLyte]

Originally Posted by boatymcboatface

I had a terrible experience selling a boat using Jonathan and Anne Hutchings of Annapolis Yacht Sales. I know that yacht brokers have a bad all around reputation, but I never realized how slimy they can be.
The most common complaint tends to be that they put so little effort in to selling a boat, and Annapolis Yacht Sales seems to be no different in this regard. It took a month from contract signing to yacht listing during the summer season, which seems overly long to me. Fine, so be it, I was expecting this.
I later find out that someone had emailed him wanting to make an offer for my boat that same summer. This was never communicated to me. I knew someone was interested, as I had sent the contact for the potential buyer to AYS, but only head back from Jonathan, only he was considering other options.
At this point, I began having my lawyer look at everything. The potential buyer had forwarded me his communication with Jonathan, asking why he wasn’t responding. My lawyer told me that it looked like an offer (the email gave a price and said offer), and by contract, I should have been informed, but wasn’t. I coughed it up to incompetence (which I still believe) and let it slide. I had too many things going on handle this.
Finally, my boat came under offer this spring and I really got to see Annapolis Yacht Sales true nature. The first lie Jonathan told me was that I was contractually obligated to fix the problems found on the survey. My lawyer laughed.
Next, he tried to get me to sign something that would guarantee his commission regardless of the sale outcome. My lawyer had some colorful language for this.
Finally, after negotiation based on survey findings, the price of the boat was lowered about 10%. Jonathan then claimed that his commission is based on offer price, not sale price because that is the standard in the industry. That was a lie. The standard is based on final sale price, not initial offer price. The contract also was very explicit. My lawyer was incredulous.
If you want to sell a boat with these brokers, have your lawyer double check EVERYTHING. I am certain it saved me a lot of money and even more headache in the long run. Even then, caveat emptor.

I take it you were dealing with the Deltaville office. FWIW in 2001 we bought our boat through AYS in Annapolis. We were represented by Tim Wilbricht, now the President of AYS. The listing agent on the yacht was another broker within the Company at the time (since departed). It was our experience that Tim did a very good job while the listing broker didn't have a "clew". It might be worth you conveying your experience to Wilbricht. 410-793-4159/410-507-4359 (Mobile)/Email:tim@annapolisyachtsales.com

I would also caution you about using such a broad brush to criticize a company. Especially one that has a reasonably good reputation, at least as far as I am aware.

[GoingWalkabout]

Originally Posted by svHyLyte

I take it you were dealing with the Deltaville office. FWIW in 2001 we bought our boat through AYS in Annapolis. We were represented by Tim Wilbricht, now the President of AYS. The listing agent on the yacht was another broker within the Company at the time (since departed). It was our experience that Tim did a very good job while the listing broker didn't have a "clew". It might be worth you conveying your experience to Wilbricht. 410-793-4159/410-507-4359 (Mobile)/Email:tim@annapolisyachtsales.com

I would also caution you about using such a broad brush to criticize a company. Especially one that has a reasonably good reputation, at least as far as I am aware.

I think your warning is in respect of defamation. You should know that truth is an absolute defence against defamation action in the United States.

[edguy3]

Originally Posted by svHyLyte

... FWIW in 2001 we bought our boat through AYS in Annapolis. We were represented by Tim Wilbricht, now the President of AYS. The listing agent on the yacht was another broker within the Company at the time (since departed). It was our experience that Tim did a very good job while the listing broker didn't have a "clew". It might be worth you conveying your experience to Wilbricht. 410-793-4159/410-507-4359 (Mobile)/Email:tim@annapolisyachtsales.com

I'll second that. Bought our current boat from Tim a few years ago. When we're ready to upgrade, I'd sell through him as well. Sorry the OP had a bad experience with the firm.

/ed

[Bill Seal]

You shouldn't have to check out the individual broker, that's the firm's responsibility. It's their reputation that's on the line.
If I had to do the legwork, I'd use Craigslist.

[bstreep]

File a complaint with his yacht brokers association, and by all means, contact the owner. They are required to present all offers.

And the commission scan is bs.


Sent from my iPad using Cruisers Sailing Forum

[boatymcboatface]

I should note that the industry standard for commission being based on final sale price is based on speaking with several brokers after the fact. I am not in the industry, so I am relying on their opinions.

Also, I don't know if the offer that was never forwarded to me was, in fact, a legal offer, but my lawyer felt it was.

All my accusations are easily provable, but someone has already reported one of my reviews, so we will see what happens.

[boatymcboatface]

I just wanted to give a little clarification on my angry rant, which was a bit on the angry side:



1. The time between signing and listing was 28 days.
2. The reason the broker gave for why he did not respond to the potential buyer or me for 10 days last summer was that the broker was on vacation. It is likely the buyer got cold feet and said forget it.
3. During negotiations over survey problems with the engine the broker told me “You are still under contract to them to sell the boat with a working engine for $XXX” and “He and you signed a conditional acceptance of yacht, pending certain repairs.” though I see no way that by signing an offer acceptance, the contract requires me to have any repairs completed. Also, by my reading of the contract, the offer had expired.
4. The document he tried to have me sign would have made me contractually obligated to make repairs to the boat while also reducing the sales price, and based on my reading of the listing contract, would have guaranteed his commission.

5. Upon finding out that the broker expected his commission based on initial offer price, I spoke with several other brokers as well as a post here on CF that other brokers chimed in on, all agreeing that the final sale price is what the commission is based on. Hence the industry standard

6. The broker did accept the lower commission in the end.