Very annoyed

[lu n russ]

as you all know i had made an offer on a 40ft trad boat and this was accepted the recent survey was sent to me and i was told not to worry it was a first come first serve basis and as my offer was accepted and i had said i would definatly take the boat and had sent a deposit in the post on the friday evening as i am very far away from them, i phone the marina today to find out they have sold the boat over the weekend absolutely gutted the gentleman says he had tried to contact me which is rubbish they had my work and home number ( i never received a call ) im disgusted good boats in my price range do not come up that often.

 

so annoyed

[Naughty Cal]

Sorry to hear this. Im sure you will find another boat though. These things often happen for a reason.

 

Have a beer, that should cheer you up

[Scooby]

Which boat marina was it?

[magpie patrick]

Which boat marina was it?

 

Suggest that one is answered carefully "a well known Marina in Borsetshire" or "a small brokerage near Travendamp"

 

Bad news though, feel for you, but suspect incompetence rather than conspiracy. Keep looking

[lu n russ]

well khown marina in Northamptonshire

[bag 'o' bones]

Technically if you made an offer and it was accepted then that means a contract has been broken and you are in your rights to seek compensation.

 

Unfourtunatly trying to prove a verbal contract is nigh on impossible therefore I do wonder why it is still classed as a contract in common law!

 

Still bloody annoying though, I had the same done across myself a few years ago except in this case it was a car.

 

Next time get your offer and acceptance recorded in some way, the simplest way of acheiving this short of recording a phone call is to get the acceptance via an e-mail which I believe will stand up in court.

[Naughty Cal]

Ensure that you get your cheque back. Next time leave a deposit with them when viewing the boat and then get a reciept for that money in writing. That way you have proof of the deposit and agreement.

 

Use this as a learning curve, and you will be in a much better position next time.

[DHutch]

Technically if you made an offer and it was accepted then that means a contract has been broken and you are in your rights to seek compensation.

I dont know much about the legal rights you have or dont have despight having done a modual in it in second year, and if its not in writing thats always going to hard (get everything in writing!!).

 

However at the same time, while geting hung up on it is unlikely to be helpfull, if you have the time or inclination i always think its worth alteast stating your peice in these cases otherwise they will for sure carry on with these rather sharp practices knowing they are never going to be challenged. They may carry on anyway, but there are.

 

 

Daniel

[n.b.Goldie]

as you all know i had made an offer on a 40ft trad boat and this was accepted the recent survey was sent to me and i was told not to worry it was a first come first serve basis and as my offer was accepted and i had said i would definatly take the boat and had sent a deposit in the post on the friday evening as i am very far away from them, i phone the marina today to find out they have sold the boat over the weekend absolutely gutted the gentleman says he had tried to contact me which is rubbish they had my work and home number ( i never received a call ) im disgusted good boats in my price range do not come up that often.

 

so annoyed

Put it down to experience and keep your money for a better bargain. Having looked regularly at brokers websites and Apollo Duck it would seem to me that boat prices (particularly 50ft plus) are now pretty much in free-fall after having held out pretty well over the start of the recession. There are some very nice boats on the market very cheap. As to be expected smaller boat prices are just about holding up but for how long?

 

Don't be in a rush and shop around.

 

Ditchdabbler

[WJM]

"they had my work and home number"

 

Dont you have a mobile? Sounds like that is what cost you the deal!

[blackrose]

as you all know i had made an offer on a 40ft trad boat and this was accepted the recent survey was sent to me and i was told not to worry it was a first come first serve basis and as my offer was accepted and i had said i would definatly take the boat and had sent a deposit in the post on the friday evening as i am very far away from them, i phone the marina today to find out they have sold the boat over the weekend absolutely gutted the gentleman says he had tried to contact me which is rubbish they had my work and home number ( i never received a call ) im disgusted good boats in my price range do not come up that often.

 

so annoyed

 

So annoyed that your punctuation of that tirade consisted only of a single comma!

 

If you received any receipt or acknowledgement of your deposit then the broker is technically in breach of contract (Sale of Goods Act I think?) But its probably not worth taking it further as the boat's got 'bad karma' for you now.

 

My sympathies are with you but I'm sure there are more good boats in your price range than you realise. It's a buyer's market at the moment.

[Nightwatch]

Not aware of the history of this sale/purchase, you say the survey was sent to you. Was this via the broker, from a surveyor that you commissioned, from a previous potential buyer or even the present owner?

 

Obviously if any of the above, surely the broker know that you were progressing the sale/purchase, so therefore they are surely in the wrong by allowing another sale to be set up if they are aware that an existing purchaser is on the scene.

 

Only my thoughts, I no lawyer.

 

If the Marina in question is the one I'm thinking about, we walked out of their office in disgust following what can only be described as a fairytale being told us when we were interested in a boat that they had on brokerage. we wanted to buy this vessel and wanted 'a go on it' so to speak. We couldn't start the engine, sail it or anything unless we paid a deposit which wouldn't be returnable unless the eventual survey said it was likely to sink!. Honestly, that is what we were told.

 

We always pop in to have a look at what they have for sale whenever we pass, but would never ever buy through them.

 

Once again only my experience.

 

have a look at other boats, and as has been said take your time.

 

Martyn

Edited November 16, 2009 by Nightwatch1

[magpie patrick]

as you all know i had made an offer on a 40ft trad boat and this was accepted the recent survey was sent to me and i was told not to worry it was a first come first serve basis and as my offer was accepted and i had said i would definatly take the boat and had sent a deposit in the post on the friday evening as i am very far away from them, i phone the marina today to find out they have sold the boat over the weekend absolutely gutted the gentleman says he had tried to contact me which is rubbish they had my work and home number ( i never received a call ) im disgusted good boats in my price range do not come up that often.

 

so annoyed

 

a few things

 

you had posted the deposit Friday but would they have had it by Saturday? possibly not.

 

If this boat was on brokerage (rather than owned by the Marina) then the decision was made by the vendor NOT the marina (which doesn't mean the Marina were entirely innocent, you may have been gazzumped at their instigation)

 

I'd agree that prices for longer boats are in free-fall, and thus may not be selling Ripple for a while, unless a forum member anxious for a 62 foot ex-hire boat makes me an offer I can't refuse. Somehow I suspect I won't be trampled in the rush

 

 

If the Marina in question is the one I'm thinking about, we walked out of their office in disgust following what can only be described as a fairytale being told us when we were interested in a boat that they had on brokerage. we wanted to buy this vessel and wanted 'a go on it' so to speak. We couldn't start the engine, sail it or anything unless we paid a deposit which wouldn't be returnable unless the eventual survey said it was likely to sink!. Honestly, that is what we were told.

 

I hope it's not the one I bought Ripple from, because they couldn't have been more helpful, proving that everything worked before I put the offer in. They were (and assuming they are still like this, still are) going to get to sell her when the time came.

[Athy]

L & R, you have my complete sympathy. A very similar thing has happened to Mrs. Athy and myself twice in the last 4 months, once by a private seller and once by a marina. In one of the cases, we got back from holiday to find that the boat had been sold for LESS than we had agreed to pay for it.

A look along almost any canal will reassure you that there are plenty more boats out there. the right one will come along I'm sure.

[dor]

I'm surprised by the comments that boat prices are in free fall.

 

The brokerage I'm associated with has been selling boats consistently and we generally get somewhere near the asking price. Our main problem is getting boats to in to sell as we seem to turn them over so quickly that we just can't build up a decent stock. And we've sold boats in the £80K region as well, so we are not just selling them cheap.

 

Perhaps the idea of "free fall" comes from people just greatly over-valuing their boats. In the end the boat will usually sell for what it is worth; if you've overvalued it by £10K, then that is how much you will have to drop in order to sell it.

[Naughty Cal]

I'm surprised by the comments that boat prices are in free fall.

 

I admit so am i. The brokerage in our marina cant get enough boats in. The sales pontoons are looking very bare and the boats selling range from few granders to well over £200k boats.

[lu n russ]

"they had my work and home number"

 

Dont you have a mobile? Sounds like that is what cost you the deal!

 

no point having mobile im in the outbackk of wales with no signal hence work and home numbers

 

a few things

 

you had posted the deposit Friday but would they have had it by Saturday? possibly not.

 

If this boat was on brokerage (rather than owned by the Marina) then the decision was made by the vendor NOT the marina (which doesn't mean the Marina were entirely innocent, you may have been gazzumped at their instigation)

 

I'd agree that prices for longer boats are in free-fall, and thus may not be selling Ripple for a while, unless a forum member anxious for a 62 foot ex-hire boat makes me an offer I can't refuse. Somehow I suspect I won't be trampled in the rush

 

 

 

 

I hope it's not the one I bought Ripple from, because they couldn't have been more helpful, proving that everything worked before I put the offer in. They were (and assuming they are still like this, still are) going to get to sell her when the time came.

 

 

was on brokerage but the gentleman says he made the decision not the vendor and he was in a difficult position.

[Naughty Cal]

no point having mobile im in the outbackk of wales with no signal hence work and home numbers

 

Theres no point having one in Lincolnshire either, especially if on the 3 network, or banking with the Halifax. In which case the Halifax systems shut down on the day your phone bill is due resulting in an unpaid direct debit and you getting cut off for a day.

 

Rant over

[bag 'o' bones]

I dont know much about the legal rights you have or dont have despight having done a modual in it in second year, and if its not in writing thats always going to hard (get everything in writing!!).

 

Daniel

 

Its all around the law of consideration. I found it all a bit confusing - like the majority of English law - when I covered it at uni.

 

Hving siad i'm certainly not an expert!

[jelunga]

Sorry to hear this. We are in the process of buying a boat. The first one we put a deposit on, subject to satisfactory survey. Paid out for the survey, boat was not satisfactory and the broker has promised to return our deposit.

 

I used to work for Trading Standards, several Moons ago. As I remember, if you have made an offer to purchase, and the vendor has accepted the offer, then a contract exists, especially if your deposit cheque was cashed. That can be taken as acceptance of your offer. It is also evidence of the contract. Did you actually commission and pay for a survey? If so, then you would be entitled to claim back at a very least, the cost of the survey.

 

Just my view, with no warranties express or implied.

 

K

[gaggle]

So annoyed that your punctuation of that tirade consisted only of a single comma!

If you received any receipt or acknowledgement of your deposit then the broker is technically in breach of contract (Sale of Goods Act I think?) But its probably not worth taking it further as the boat's got 'bad karma' for you now.

 

My sympathies are with you but I'm sure there are more good boats in your price range than you realise. It's a buyer's market at the moment.

 

 

I take it thats a joke.

[Hazza]

Sorry to hear this. We are in the process of buying a boat. The first one we put a deposit on, subject to satisfactory survey. Paid out for the survey, boat was not satisfactory and the broker has promised to return our deposit.

 

I used to work for Trading Standards, several Moons ago. As I remember, if you have made an offer to purchase, and the vendor has accepted the offer, then a contract exists, especially if your deposit cheque was cashed. That can be taken as acceptance of your offer. It is also evidence of the contract. Did you actually commission and pay for a survey? If so, then you would be entitled to claim back at a very least, the cost of the survey.

 

Just my view, with no warranties express or implied.

 

K

 

As I recall there are 3 things needed to create a contract - offer, acceptance and consideration. In this case there seems to have been offer and acceptance but no consideration (on the basis that the cheque had not arrived). All a bit sharp and a bit harsh but I guess that's the way it is.

 

There are plenty more tubes in the sewer!

[Chertsey]

I take it thats a joke.

Why should it be? No harm in mentioning it in the context of an otherwise helpful and supportive answer. It is annoying after all.

[lu n russ]

Why should it be? No harm in mentioning it in the context of an otherwise helpful and supportive answer. It is annoying after all.

 

i apologise for my punctuationa and smelling as i was ceertanley not thinking about that as i was witing my post was more angy than anything else sooory

[Madmark62]

i apologise for my punctuationa and smelling as i was ceertanley not thinking about that as i was witing my post was more angy than anything else sooory

 

Nice one