Hello,

I am selling a very well equipped sailboat (Formosa 46) as it is at a
very low price of USD 35000 for quick sale due to major repairs needed
to the salon and deck through a reknown international broker in
Thailand, Lee Marine. A potential buyer has deposited the amount
equivalent to the commission of the broker but before I sign the
contract I am doubtful about the fact that the buyer has 4 weeks to
inspect the boat and that "the seller cannot enter into any other
agreement...while this agreement is in effect".

This seems to be very limiting and to work against me. I bear the risk
of loosing opportunities to sell the boat during the next 4 weeks when
this agreement expires. On the other hand, the potential buyer does
take no risk since he can withdraw at anytime and get back his deposit
at 100%. My experience with other brokers was that the buyer will
loose his deposit if he withdraws from the sale. The other way of
working around this would be to shorten the expiration of the agreement
to a week from now.

Thanks in advance for any clarifications,

Philippe

On 8 Feb 2006 12:41:32 -0800, "
wrote:


Thanks in advance for any clarifications,

Philippe

You are the seller. Tell potential buyers that they have a window of
one week in which to inspect the boat and to bring any and all
surveyors aboard, but that the week in question will be arranged by
you and if they fail to show, too bad.

If you have two buyers, have them submit sealed bids.

Obviously, if you MUST sell the boat, you will have to assume whatever
position causes the least discomfort...but a four-week "exclusionary"
window seems an extravagant request.

I am toying with buying a boat in the spring. Another party is
interested in the same boat. I suggested we all get together in May
for a sail test. I don't care if the other buyer is present, but I
will bring along a couple of my very knowledgable friends.

If I pursue it, I will pay for a survey, and offer accordingly.

My last boat was done on a handshake and a firm offer after a sail
test, because the owner had a recent survey handy. I've had few bad
surprises, and the ones the survey showed allowed me to drive the
price down 25%

R.

wrote:

I am selling a very well equipped sailboat (Formosa 46) as it is at a
very low price of USD 35000 for quick sale due to major repairs needed
to the salon and deck through a reknown international broker in
Thailand, Lee Marine. A potential buyer has deposited the amount
equivalent to the commission of the broker but before I sign the
contract I am doubtful about the fact that the buyer has 4 weeks to
inspect the boat and that "the seller cannot enter into any other
agreement...while this agreement is in effect".

This seems to be very limiting and to work against me. I bear the risk
of loosing opportunities to sell the boat during the next 4 weeks when
this agreement expires. On the other hand, the potential buyer does
take no risk since he can withdraw at anytime and get back his deposit
at 100%. My experience with other brokers was that the buyer will
loose his deposit if he withdraws from the sale. The other way of
working around this would be to shorten the expiration of the agreement
to a week from now.

There is no right or wrong way to structure a sales contract; all that
matters is whether or not both parties agree on the terms. If I was in
your position I would politely propose that we cut the inspection
period down to 1 week (assuming its possible to get the inspection done
that quickly, which it should be) and see what they say. I personally
would not try to negotiate for the buyer losing his deposit if he backs
out of the sale; that might scare the buyer off and what you want to do
is sell the boat, not collect deposits.

Andy