Hi, Doug,

"DSK" wrote in message
...
Skip Gundlach wrote:

Well, really, this is more of a preview than a report...
....(snip for brevity)
..... This offer was accepted. ....We included several conditions:

*An engine survey....
*full survey....
*sea trial...
*Financing...

Knowing that you're up against a lawyer owner here, I hope that your
contract
was worded such that he will hesitate to take you to court to force you to
hand
over the money, or keep your deposit. I have heard some funny (well, let's
say
peculiar) stories about sellers who demanded lots o' cash because the
buyer's
conditions were worded "subject to survey" and did not specify that it had
to be
acceptable to the buyer only.

Since I didn't actually see it - Lydia prepared it, and faxed it from her
office - I can't say definitively what the conditions' language was/were.
However, the money is in escrow with our broker, and certainly, that's
*their* construction of our offer.

When we bought our boat, one of the things I did was to get a "standard
sales
contract" from several brokers, go over it with a lawyer, and write up my
own
sales contract which accompanied all our offers. Several brokers did not
want to
play this game, to which I always replied "OK, there's a lot of other
boats for
sale we want to check out, bye." The boat we eventually bought accepted
our
contract the second time, although the bank tried to play some funny
business.

It never ceases to amaze me the types of games people will play for money.

No kidding. However, in this case, the lawyer screwed up, and faxed a
signed copy of the deal to my broker. However, the listing broker had
received an addendum which basically rewrote the selling broker's contract
(looking to bill the estate more??), but also halving the difference between
our offer and his counter. My broker's position is that we have a signed
copy of our counter, and demanded assurance from the lister that this would
not be an issue, which assurance he received.

We're quite prepared to walk, though it would absolutely break Lydia's
heart, if it became an issue. Absent an included addendum, however, my
broker's position is that we have an accepted offer without same, and that
seems acceptable to the seller, particularly since it was his error.

However, I remain on my guard :{/)

L8R

Skip and Lydia, by proxy


--
"And then again, when you sit at the helm of your little ship on a clear
night, and gaze at the countless stars overhead, and realize that you are
quite alone on a great, wide sea, it is apt to occur to you that in the
general scheme of things you are merely an insignificant speck on the
surface of the ocean; and are not nearly so important or as self-sufficient
as you thought you were. Which is an exceedingly wholesome thought, and one
that may effect a permanent change in your deportment that will be greatly
appreciated by your friends."- James S. Pitkin