Sorry to hear that Scout. I think you should go check out the Seaward
message board at Trailersailor.com immediately, as the seller has
taken the case public there, and hasn't exactly represented your side
of the story accurately.


I noticed he didn't mention that he decided at the last
minute to keep some gear that was previously indicated to go
with the boat.

This kind of stuff is one reason why a clearly written sales
contract is a good idea.


"Scout" wrote:
Thanks Charlie,
Very interesting reading. The responders seem to feel I am somehow
planning something illegal or immoral by handing over cash (certified
check from Wachovia) and expecting a title.

Well, the poster named 'Robin' has a pretty clear idea of
what constitutes a closing. Didn't seem judgemental, just
explaining how it works. It is also interesting to me that
this explaination implied that long "clearing" times for
checks are a scam by the bank (which they are). The fact
that it's a very common scam doesn't make it any more honest.



.... I also note that the seller
fails to explain that none of these things (the lien, and the items he
is keeping) were mentioned to me during the inspection, only later,
after I had made the deposit and wanted to arrange a swap date. I
believe the seller is an honest guy, as I am, but we are both
know-nothings with the legal stuff. In spite of his honest intentions,
if he messes up I don't want to pay for the mistake.

BINGO and that is why the closing process includes
protection for both parties.

.... I'd rather pay a
broker's fee, as I did with my last purchase, so everything is above
board and legal.

Yes, so long as the broker is really a pro and knows how to
do things properly. Remember, 50% of all people are below
average intelligence, and 50% of all brokers are below
average in professional knowledge & conduct. For example, I
have only ever talked to one broker in my life who could
clearly and accurately explain the tax obligations of buying
a boat in our state. All the others merely hand out blithe
reassurassances which eventually land the buyer in tax
trouble. You wonder how these guys get by.



..... Even if I felt safe with the deal, how many
times should I have to make the 8 hour drive to close this deal?


Once, and drive back with the boat, with sufficient
paperwork to satisfy the officials in your state, and
certainty of delivery of clear title if you don't get it at
closing.

For him to expect you to fork over 40 grand and wait two
weeks to pick up the boat is absurd.


Charlie Morgan wrote:
I agree with Rob that you can probably work this deal out. I can also
tell you that the seller is a long time contributor to that list, and
he has always seemed like an okay guy.


You learn a lot about people when you buy a car, boat, or
house from them.

FWIW I think he probably is an okay guy, just wants
everything slanted in his favor. Is that so wrong?

The deal is not necessarily dead, but there are a LOT of
boats out there for sale. I'd recommend giving this one a
cooling-off period, and if you don't find something you like
as much or better (that chainplate situation is a little
off-putting) then approach again and mention that you will
want to make the deal properly with a contract & closing.

DSK