Brokers - help!

[h hollywell]

Hi, desperate for bit of advice.

I had my boat up with a broker for 18 months +. During this time i haven't been contacted or received any further correspondence from the broker. I understand that the boat has "viewings" during this period, however i never received a call in advance to perhaps give me an opportunity to clean the boat prior and similarly never received any feedback after the alleged "viewings".

I subsequently advertised the boat myself and found my own buyer within a week.

The broker has contacted me (for the first time ever) asking for his fee and stating that the 'contract' i signed (can't remember and have asked for a copy) states that even with a private sale he is still entitled to his fee.

The brokerage and where the mooring is the same place.

Not sure where i stand, please help!!!!

[ColinR]

Firstly check the contract you signed when you handed over the sale to the broker. Unfortunately the situation is probably that, should you sell the boat bot through the broker, you are still liable for the fee. Sometimes they will accept a reduced fee but most will insist on the full amount.

I have only ever sold directly although we did have our current boat up with a broker for a while last year. We gave up and decided to keep it for another year or so once the season started. Both previous boats we sold on eBay.

[MartynG]

Have you taken the money for the sale yet?
If not you should advise the broker that you wish to take the boat off sale .
Presumably you should than be free to sell the boat privately?


I had my last boat for sale with the broker at my home marina . No offers - just joy riders .
In the end I traded it in with a different broker at another marina.
The original broker didn't get a fee.

[Ianfs]

I think morally, your thoughts here sound absolutely right. Why should you pay a broker for sitting on their backside doing nothing for more than 18mnths with no contact or advice, then you sell the boat and they want to take a fee!! Doesn't make moral sense.

However, as Colin has said, you should first check the contract, secondly as Martin has advised take the boat off sale and does the broker know you have sold her or does he just know you have advertised her.

Check your contract again, it may read the same as Estate Agents contracts. That is to say, if you instruct another agent when the first agent is still employed to sell, or if you have sacked them, has introduced a buyer, then subsequently this buyer bought through the second agency, the first agent will demand the fee.

So you see, they may be saying that you have sold the boat to someone they have already shown it to and therefore claim it is their customer/introduction.

Best to check the contract and understand exactly what it is they want.

[shibbs]

I've got to say, I very rarely hear anything good about the majority of brokers, bare minimum work and then ready to take their cut (of which at times is sizeable).
I would do everything I could to prevent them getting a penny, check the contract, maybe even get some advice from citizens advice, ( don't know if it will be any help but worth a try) as they have clearly not kept to their side of the contract to try and sell the boat.
Really gets my back up this situation!
Good luck with it though.
Like the idea of taking it off the market, terminating the contract and going from there though!!

[betty boop]

I've got to say, I very rarely hear anything good about the majority of brokers, bare minimum work and then ready to take their cut (of which at times is sizeable).
I would do everything I could to prevent them getting a penny, check the contract, maybe even get some advice from citizens advice, ( don't know if it will be any help but worth a try) as they have clearly not kept to their side of the contract to try and sell the boat.
Really gets my back up this situation!
Good luck with it though.
Like the idea of taking it off the market, terminating the contract and going from there though!!

I agree with that, when I was 'friendly' with a broker I was told "why would we bother selling a used (broker) boat if I can get a sale on a new one" and the state of the broker boats were far from pleasant to view, I know there are good brokers around but if that is the overall attitude I'm not sure I would bother when I sell. That said my estate agent did NOTHING but still lumped me with with a £5k fee last year so Im not surprised he's p'sed at a private sale.

[h hollywell]

Thanks for the replies. Would be grateful to hear some more and will let you know the outcome.

[h hollywell]

Hi, i have actually received monies for the boat. The broker did not introduce me to the buyer (i advertised and sold via e-bay). Also, in hindsight i should have terminated the 'arrangement' with the broker but hey ho......

I will ask for a copy of the 'agreement' i signed and will then seek legal advice if still being pursued.

I have a small worry that the marina/broker will try to prevent the boat being moved (unsure of what rights they have), but as the so called contract was with myself and the boat has now been sold to someone else, they would be effectively withholding someones else's goods which i would have thought to be against the law?

[ColinR]

Hope not but they could claim that they have a financial interest in the boat and so can effectively seize it pending payment of the selling fee.

It depends on how bloody minded they want to be.

I assume then, since you sold though ebay, you have incurred their selling fees as well.

[mlines]

I would hope that saying to them "can I have a copy of the signed contract so I can seek legal advice on its status" would call their bluff