Charged after visiting a boat for sale! Has anyone ever had this happen?

[OurPeace]

Hello All,

I was recently charged $3000 dollars for "visiting" a boat that was for sale. I wasn't told there would be fee to visit the boat, and I didn't ask the boat to do anything it wouldn't have done if I wasn't there. The boat was simply at a dock, we never sea trialed or anything.

A bit more background... this is a boat I had a contract on, it was in the Caribbean, I visited it for 4 hours during a personal inspection (with opt out clause) on a day after the past charter was dropped off and its documented that I was told this was an off week for the vessel/crew.

Has this happened to anyone, its the first time I've ever heard of something like this.

Please note, we're not confusing this with the survey that was scheduled for a month later. This was my FIRST review of the boat in person. For far away boats its typical to have a contract with opt outs after a personal inspection which is exactly what happened here. The boat wasn't as advertised (not close) so we very politely declined to buy the boat.

As I'm fighting to get my escrow back, I don't want to post pictures, but the contract allowed for us to cancel the deal post inspection and post survey. We're now being charged for lost time in the charter business, for the crew expenses, dockage etc. Meanwhile the boat was on an off week and the expenses were a regular part of their charter business when off charter. Plus, we were not told we were incurring any expenses.

Has anyone ever been charged to visit a boat that they chose not to buy?

Curious.

[TrentePieds]

Is this anything more than a mistake make in the selling broker's office? Or perhaps a failure on you part to communicate clearly and unambiguously with the selling broker?

You do not say where in the Caribbean this occurred, therefore we can have NO idea of what system of jurisprudence obtains.

If you believe you placed money in escrow, you should be able to PROVE that by the working of your Offer to Purchase. Are you sure that you haven't signed a document wherein money paid to the selling broker is specified to be Earnest Money or even Part of the Purchase Price, rather than money in escrow?

Perhaps you'd better find a competent attorney. In this jurisdiction (Canada) a quick look to determine which of the above situations obtains would probably be given pro bono.

It is possible that in your jurisdiction "a quick look" might very well prove to be an "even steven" proposition with just walking away from the three grand. Which you might have to do even AFTER "having a look".

Best of luck to you.

TrentePieds

[Kettlewell]

Normally you don't put up any money for a first viewing of a boat, period. I have never heard of that being a thing anywhere.

[psk125]

It generally doesn't cost money to view a boat that is for sale, but buyers don't usually sign a contract before simply viewing a boat. Why was a contract necessary? Why did it involve any payment or escrow? What does the contract stipulate? Did they agree to take it off the market while you set up your visit? Was the boat hauled so you could see it out of the water? In either case those charges would have been itemized in their bill, and they apparently weren't. It sounds like you made an offer to purchase, with a deposit in escrow, subject to passing your inspection AND subject to passing a survey. As 30pieds says above, is the broker's office making a mistake? Or it could be that the broker is not being honest? The condition you found the boat to be in compared to what was advertised might be a clue here.

[Kettlewell]

I will add that I would run, not walk, away from any potential boat purchase if they asked me for money before I could view her.

[mvweebles]

This is not normal, but sounds like you may have agreed to an abnormal contract given you apparently made an offer sight unseen for a charter boat.

Have the seller give specific contract clause citation that underpins their claim. Assuming the escrow account is legit, they need to do this to retain any money from the deposit. Without that specificity, online speculation is meaningless.

[5BTM]

Boat was "under contract" so no no other offers could be considered.

I would have charged you as well.

[Katapult Mike]

Originally Posted by mvweebles

(snip)
Have the seller give specific contract clause citation that underpins their claim. (snip) Without that specificity, online speculation is meaningless.

Agree with this. None of us knows waht your contract actually says, so we just spouting off in the dark. Furthermore, of course, OP is at a disadvantage because broker has his cash and he is trying to get it back. "Possesion is nine-tenths of hte law" and sitting on the cash is a big deal. Hiring a lawyer to recover $3,000 is not going to be cost-effective.

OP, you need to get your contract out and give it a good read. A really good read. Most purchase and sale agreemetns are not very long so this should not be hard. Assuming they have no contractual basis for doing this, you will need to think about how you are going to get them to bust lose with your cash. You don't say where the broker is, whether they are a branch office of an international firm, etc. You may be able to appeal to a governament agency wherever the broker is, a trade association, or the head office if it is an international brokerage. Maybe the threat of outing them on social media will be enough.

[Tin Tin]

All depends on what you signed and details in the contract and the back and forth emails. What is the wording around return of deposit? Very hard for anyone to make a useful comment. However you could ask the broker to put in writing what agreement and which words they are relying on to hold back money, and then share that reply with this forum.

[Iron E]

As others have said, the contract would need to be seen.
For example, if the contract stated that you could cancel, what were the exact terms of the cancelation? Probably not, "I just changed my mind."

Meet those terms and you're fine. In other words:

You enter a contract to buy a boat.
The boat was represented to be in a specific condition.
You travel to the boat.
The boat isn't as described.

If this is what happened and your contract states that you are entitled to a refund after you inspect the boat, then you will need to write a detailed description of why you're no longer interested in the boat, and why it didn't meet the seller/broker's description. List everything.

If you need a paralegal to dot some i's and cross some t's, it may cost a few hundred, but an escrow company would understand and feel legally responsible for returning your funds.
my 2cents

[Statistical]

Generally speaking people don't sign a contract to see a boat. Generally speaking people don't pay more or put it into escrow to see a boat. Generally speaking to see a boat you just see a boat no contract or money involved and THEN if you like what you see you make an offer, sign a contract, and put some money into escrow.

However you DID sign a contract so what generally happens is irrelevant. What does the specific contract you signed say? If it says you agree to pay $3k to view a boat well you paid $3k to view a boat.

[Katapult Mike]

"but an escrow company would understand and feel legally responsible for returning your funds.
my 2cents"

I'm betting that there is no escrow company involved. I expect it is broker holding the funds, and they are going to pay themselves out of any amount withhold. So they are judge, jury and beneficiary. OP, jump in and tell us if that is not correct.

[Knotical]

Originally Posted by Kettlewell

I will add that I would run, not walk, away from any potential boat purchase if they asked me for money before I could view her.

👆🏻this

Actually, thinking some more about it - I would laugh so hard in the seller’s face (or on the phone) that the seller would want to run away.

To the OP - read the contract!

[Island Time O25]

To OP.

Why are you asking this question now and not before forking out the "deposit"? As the others have said - read the contract. You may have tied your hands by signing it, regardless of that "post survey opt out".

[letsgetsailing3]

If you put a contract on the boat, any money you put in escrow will be subject to the terms of that contract, not commentary from an internet forum.


Optimally, the contract would have been very specific that no charges would be incurred for your initial inspection.


That said, some push-back on your part seems reasonable.