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Who are BMW as a mediation body?


Adventurer

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5 minutes ago, Adventurer said:

Thank you all for your comments & advice. I will make the right decision for me.

 

I wish you well in your boat search, and hope to see you on the water sometime.

 

I doubt it will be this one, but I don't have any irons in the fire either way.

 

This thread has started getting too acrimonious for my liking though, so I'm out.

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I really do think you need to get a grip on reality. This is not bullying, this is just a boat sale fallen through because they decided not to sell it to you. 

 

You don't seem to know or be able to say what you want out of this, other than airy demands for "justice". Whatever that means.

 

Just drop it, buy yourself a boat and chill, otherwise you'll tie yourself in ever more bitter and twisted knots. Shyte happens in life. Spend your life looking forwards, not stressing about events in the rear view mirror, I suggest.

 

 

 

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25 minutes ago, Adventurer said:

Thank you for your comment.

The trigger:   holding them accountable for their post sales actions  has triggered a reaction. Standing up to bullying and wanting the law enforced subsequently.

If you  read up on the history of dealings people have had with these marina's, there is more to this than another fallen boat sale. That is the very reason Bully's get away with this. Put me in the same category as the legal fraternity of seeking justice if you must. Until you have been on the receiving end, its very easy to judge & criticise from a distance. 

 

I am happy to move on to another boat and be compensated fairly for my having to do so. 

 

Mediation is not costly nor antagonistic, neither is small claims court.

 

Thank you all for your comments & advice. I will make the right decision for me.

 

I really do think you need to let this go and move on. The only compensation due as far as  i can see is your fuel costs incurred when you went to see the boat. 

 

Personally I would just look for another boat and put this down to experience.

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1 hour ago, MtB said:

I really do think you need to get a grip on reality. This is not bullying, this is just a boat sale fallen through because they decided not to sell it to you. 

 

You don't seem to know or be able to say what you want out of this, other than airy demands for "justice". Whatever that means.

 

Just drop it, buy yourself a boat and chill, otherwise you'll tie yourself in ever more bitter and twisted knots. Shyte happens in life. Spend your life looking forwards, not stressing about events in the rear view mirror, I suggest.

 

 

 

This is good advice. But if the buyer(?) wishes to take it further, it needs to be quite sure whether there was a concluded contract (offer-and acceptance) and the terms thereof.  E.g. what is the sale conditional on condition on?  Does it allow the seller to rescind it?  If so - for what reasons?  Has subsequent behaviour indicated that the buyer is no longer willing to perform?

 

Basic contract law if that advertising an item for sale at a price in an invitation to treat- not an open offer capable of acceptance.  The OP uses different terminology - but most recently says it made an offer.  Fundamental questions are the terms of the offer - and most crucially, was that offer accepted?

 

 

 

 

 

 

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FWIW, I put in an offer for my boat from Venetian just over a year ago, and picked it up in late October without issue.  Same contract with the same mysterious "BMW" reference. Similar market conditions, although my boat was not such a bargain (on paper at least) and the boat was a trade in owned by Venetian. Bought for less than asking price subject to survey, which took a while due to limited slipway availability, but there were no issues with this despite Venetian knowing they'd have to spend their own time and money to put things right. In the case of BCVL where the boat is not owned by the broker, the survey lift-out and any works carried out after is more revenue for the broker, so I would imagine it is generally not in the interests of Venetian or any other middleman to facilitate "no survey" gazumping when they've got a deposit and a slipway fee in their bank account).

 

 

My understanding of the contract as written is that the vendor whoin this case is the boat owner, not Venetian, can "default" for any reason (including believing Venetian's account of alleged "disgusting behaviour", or not agreeing to pay for things a survey highlights, and probably deciding they still want the boat too!), all you get back is the deposit plus applicable interest (probably nil at current rates).  Is that a bit unfair when most brokers keep your deposit if you change your mind except in the rare case of the survey turning up something nasty? Probably, but they're the terms you agree to when you buy the boat.

 

Don't see an arbitration body changing that, even if they think it's a case where the customer service was at fault for any disputes that may have happened.

 

Edited by enigmatic
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We don't really know enough to comment on the case properly, and the initial enquiry, after all, was about a mediation method, though I'm not sure myself what there is to mediate about if there's no completed contract (which there isn't if it was "subject to survey") and no money's been lost.

One point arising is why, once you've seen the boat, liked it  agreed the price,  paid a deposit and booked the surveyor,  should there be any further communication prior to the survey report being received? There doesn't seem like there's anything left to discuss except a final price after the survey, should anything arise, and if the vendor is willing to negotiate. And at that point, of course, should the parties not agree, the sale becomes void, both being legally allowed to walk away.

But it seems it is in this interim period, when there's really nothing to discuss, where all the trouble started.

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1 hour ago, Adventurer said:

Thank you for your comment.

The trigger:   holding them accountable for their post sales actions  has triggered a reaction. Standing up to bullying and wanting the law enforced subsequently.

If you  read up on the history of dealings people have had with these marina's, there is more to this than another fallen boat sale. That is the very reason Bully's get away with this. Put me in the same category as the legal fraternity of seeking justice if you must. Until you have been on the receiving end, its very easy to judge & criticise from a distance. 

You ain't getting that boat.

 

Get your deposit back, get a boat....

 

And then set  up your facebook/website/Instagram group citing bad practice by VennyWhillyBrokery.

You will get many members, but I have no doubt you will also have to endure a massive bunch of boat owners which will disagree with you and are happy.

The big question is, do you ban these from your site or allow them a voice.

Dont waste your time and money challenging something in court that wont change its business model regardless. 

For an example, look at how Collingwood got away with absolute lies and obfuscation to win because against a customer who knew their stuff but didnt want to pay a legal "expert" to join their case.

 

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