FOR IMMEDIATE RELEASE
CONTACT: Michael Caputo
TEL: 786-385-6644
EMAIL:
WEB: www.StuartYachtSleaze.com

FLORIDA BOATER TURNS TO VOODOO IN BROKER DISPUTE
Frustrated by sleazy broker's tactics, jilted buyer backs a Voodoo
curse

(September 13, 2006 - STUART, FL) A Miami boater announced today that
he and a New Orleans Voodoo princess have cast a curse on a South
Florida boat broker, his brokerage and a boat caught up in a sleazy
sale.

The burned boater also announced a Web site to warn boat buyers of the
unethical broker and his company. (www.StuartYachtSleaze.com) There,
the story is told and the curse is brought to life in a short
animation.

Miami-based writer Michael Caputo searched for months to find a right
boat. With the help of an honest broker, he located FINALE of Key West,
a Pilgrim 40 now docked and for sale in Stuart, Florida. Assured by
Woody Dyall of Stuart Yacht Sales that the boat would go to the first
full-price bid, Caputo and his broker took a full day off from work to
travel up and see her.

Minutes after a successful visit with FINALE, Caputo put in a
full-price bid. Dyall then took that offer to another buyer before
showing it to the owner and the second buyer outbid Caputo by a few
percent. Accordingly, Dyall could make the sale without sharing half
the broker commission with Caputo's representative.

Frustrated, Caputo turned to Bill Watson, owner of Stuart Yacht Sales.
Wilson refused to stop Dyall's sleazy end-run, and the second offer was
accepted. Now defrauded, Caputo contacted the Stuart Better Business
Bureau to no avail. A call to the owner went unreturned.

Later, Caputo learned that Dyall offered his own broker some cash to
ease the deal. Dyall was surprised when Caputo's ethical representative
refused to play along.

With nowhere else to turn, Caputo - who travels frequently to New
Orleans to enjoy live music - contacted an old friend in the Crescent
City who practices Voodoo. As required by all serious Voodoo
practitioners, her confidentiality is a condition of the curse.

According to Mama [X], a renown Voodoo princess, "Stuart Yacht Sales
and dirty broker Woody Dyall will suffer financial and personal
hardships for five years. And prospective buyers of Finale must know
they will face nothing but rough seas on her travels if the deal is cut
in bad faith by the buyer, seller or brokerage."

Interested? Contact Michael Caputo at 786-385-6644 or Stuart Yacht
Sales at 772-283-9400 and www.StuartYachtSleaze.com.

END

Harry Krause wrote:
Ahhh...brokers.

Stereotypes are mental shorthand for the intellectually inept.

Be sure to include this broker in your assessment: (from the website
referenced above)

"According to Caputo, Dyall did this because he did not want to share
the sales commission with Caputo's broker. Dyall even secretly offered
Caputo's broker a few thousand bucks to keep him quiet. Apparently, Tom
H. at BoatsMiami.com was unwilling to break their high ethical
standards for a few bucks."

Funny thing about the above statement- "A few thousand bucks" is all
that the selling broker's portion of the sales commission on a $125,000
boat amounts to.

Don't know whether FLA is typically 50/50 or 60/40; but assuming 50/50
each of the brokerage companies involved would collect $6250 in
commission. The companies in turn would typically split the commission
with the broker, so by selling this $125,000 boat the selling broker
would ordinarily only make $3125- not far off that "few thousand" he
was allegedly offered. $3125 is no more than a week's wages by many
modern standards for a decent-paying job.

Don't forget that there are two sides to every story. :-)

This is funny because the buyer hired a voodoo priestess to curse the
broker and the boat and because he went to all the time and trouble to
build a website. But there's almost certainly some facts that the
seller has chosen to delete or obscure.

The part that bothers me, a bit, is the portion of the website where
the jilted buyer states he made "A full price offer, by
telephone.....". His own broker should have advised him that you cannot
make a legally or even ethically binding offer by telephone.
The listing broker is an employee of the seller. If I were going to
approach a seller and I had a written contract with a deposit to offer
on one hand and "Some guy called on the phone to say he'd take it...."
on the other- I'd steer the seller toward the written deal with the
money down every time.

Possible scenario: (not saying it was *the* scenario, just a coulda
been). 1)Buyer's broker calls sellers broker to say "We like the boat,
and we'll take it at the listing price."
2) No written offer on the table, yet. 3) Seller's broker calls a
prospect that he has been trying to close on the boat for a week to
tell him he is about to lose the boat to a full price offer. 4)
Seller's broker's prospect scurries over to seller's broker's office
and executes a written offer for $126,000. 5) Seller's broker calls the
boat owner to ask him to come over to the office and review an offer.
6) Whie the seller is en route, a faxed offer for $125,000 and a faxed
copy of a check arrives from the jilted buyer's broker. The faxed offer
and the faxed check (not actually valid or binding until received at
the office) is for $1000 less than the offer with actual deposit in
hand rather than "this check is in the mail".

Moral dilemna, as a completely ethical broker in the employ of the
seller- what would *you* do? Recommend your seller take the lower offer
because that buyer gave a verbal over-the-phone indication that he
would buy the boat before another prospect made the first legally
binding written offer with a deposit?

Not saying that's how this thing came down- but it easily could have
been about like that and a rush to judgment based on stereotypes and a
hilariously funny one-sided web site would be a mistake,

Harry Krause wrote:
On 9/14/2006 11:17 AM, Chuck Gould wrote:
Harry Krause wrote:
Ahhh...brokers.

Stereotypes are mental shorthand for the intellectually inept.


Interesting. That's how I would describe two local brokers I recently
interviewed: intellectually inept. Fortunately, I was able to do without
their "expertise."

Does that mean that you sold your boat? Do tell.

"Harry Krause" wrote in message
...
On 9/14/2006 11:17 AM, Chuck Gould wrote:
Harry Krause wrote:
Ahhh...brokers.

Stereotypes are mental shorthand for the intellectually inept.


Interesting. That's how I would describe two local brokers I recently
interviewed: intellectually inept. Fortunately, I was able to do without
their "expertise."


The buyer would have had a better chance if he'd made a signed offer with a
deposit. I would have been surprised if the broker didn't try to run the
price up.
Jim

Gene wrote:
On Thu, 14 Sep 2006 10:43:20 -0400, Harry Krause
wrote:


Ahhh...brokers.

Good point, but that begs the *real* point.... that one becomes a boat
broker by simply declaring that they are .....

Thus, the truth of the matter is, that "poof" we have created a person
masquerading as a company selling wares that he doesn't own nor,
likely, even have in his possession.... he isn't licensed (except,
perhaps, a business license).... he isn't regulated.... he must meet
no standards of honesty, training, experience, knowledge......


Whoa. The difference between a yacht broker and an real estate
salesperson is what?
Neither own or possess the property. How about the difference between a
yacht broker and an insurance broker or a stock broker? Yacht brokers
don't sell a boat- the seller sells the boat. Yacht brokers simply
provide the service of bringing buyer and seller together.

I've done business with some scalliwags that have office walls covered
with certificates, diplomas, citations, testimonials, etc. I've done
business with some perfectly honest, low profile, simple and extremely
capable people without a lot of credentials. However, if you would like
some assurance that your yacht broker has met at least some kind of
standards, look for a CPYB designation.

More info:

http://www.cpyb.net/




..... I could go on, but I think even the casual reader gets the
point.

How do I know? Yeah.... I got tangled up once with a crooked broker
who could play the legal system (or lack thereof) like a Stradivarius.
I didn't have access to a Voodoo priestess, but if I could have, I
sure as hell would have put one long lasting curse on that creep.....

Oh, well.... brokers......
--


Grady-White Gulfstream, out of Southport, NC. http://myworkshop.idleplay.net/
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"Harry Krause" wrote in message
...
On 9/14/2006 12:35 PM, Chuck Gould wrote:
Gene wrote:
On Thu, 14 Sep 2006 10:43:20 -0400, Harry Krause
wrote:


Ahhh...brokers.
Good point, but that begs the *real* point.... that one becomes a boat
broker by simply declaring that they are .....

Thus, the truth of the matter is, that "poof" we have created a person
masquerading as a company selling wares that he doesn't own nor,
likely, even have in his possession.... he isn't licensed (except,
perhaps, a business license).... he isn't regulated.... he must meet
no standards of honesty, training, experience, knowledge......


Whoa. The difference between a yacht broker and an real estate


Real estate brokers here have background checks, have to have a certain
number of years of experience, have to study for and pass exam, et cetera.

"Yacht Brokers" have to...what? Fog a mirror?


They are licensed in Ohio, part of the criteria being passing a real estate
exam. The license has to be renewed every 3 years.

Additionally:

Beginning January 1, 2001, licensees must submit proof of completing 30
hours of continuing education on or before the licensee's date of birth,
three years after the licensee's date of initial licensure, and every three
years thereafter.

.. For every three- year reporting period, licensees must complete nine hours
of mandatory continuing education coursework to include:
-Three hours in a course devoted exclusively to instruction in recently
enacted municipal, state and federal civil rights laws; civil rights case
laws; desegregation issues; and methods for eliminating the effects of prior
discrimination.


-Three hours in a course on recently enacted state and federal legislation
affecting the real estate industry, which shall include, but not be limited
to, relevant state real estate licensing laws and regulations, court
decisions and related reports.


-Three hours in a course on the canons of ethics for the real estate
industry as adopted by the Ohio Real Estate Commission and section 4735.18
of the Revised Code.



.. For every three-year reporting period, licensees must complete 21 hours of
elective continuing education coursework

Used car salesmen in Ohio are more closely scrutinized than boat salesmen or
brokers.
They are also closely regulated by

Harry Krause wrote:
Real estate brokers here have background checks, have to have a certain
number of years of experience, have to study for and pass exam, et cetera.

"Yacht Brokers" have to...what? Fog a mirror?

A smart and cautious person will want to choose a broker that has a
number of years experience, has passed a background check (required to
hold a license in most states), has had to study for and pass exams,
has not violated any of the ethical standards during the previous seven
years, etc.

More info at: http://www.cpyb.net/

"Chuck Gould" wrote in message
ups.com...


Yacht brokers
don't sell a boat- the seller sells the boat. Yacht brokers simply
provide the service of bringing buyer and seller together.



You must have different rules for brokers out there in the Northwest. I
just listed a boat with a broker ... to sell it.
(Yes, in the pure definition, I am the "seller", but the broker is the
salesman).

Here, the broker advertises the boat, shows the boat to perspective buyers,
and generally "sells" the boat (used a verb).

In most cases the broker prefers the "seller" to be absent during the
initial showing to a perspective buyer. (I also think this is a good idea
until a buyer puts down a deposit and signs a purchase and sales agreement
or returns for a 2nd or 3rd look with detailed questions).

Eisboch

Eisboch wrote:
"Chuck Gould" wrote in message
ups.com...


Yacht brokers
don't sell a boat- the seller sells the boat. Yacht brokers simply
provide the service of bringing buyer and seller together.



You must have different rules for brokers out there in the Northwest. I
just listed a boat with a broker ... to sell it.
(Yes, in the pure definition, I am the "seller", but the broker is the
salesman).

I was responding to a critcism that yacht brokers are "selling
something they don't own or possess". As are most salespeople selling
something they don't personally own.

A yacht broker cannot sell your boat, but he or she can bring you a
buyer. In fact, in the unlikely event that your broker brings you a
full price cash offer with no contingencies and *you* change your mind
and refuse to sell, you'll discover that if the contract is written
correctly you owe the broker a full commission- he or she has done the
job you hired them to do. As the owner, you have the final authority to
sell or not sell your boat.

Of course, once you accept the offer the buyer can sue for specific
performance should you have a change of heart. (It's happened). Even
the owner can't unwind a written commitment to sell the boat without
risking some consequences.



Here, the broker advertises the boat, shows the boat to perspective buyers,
and generally "sells" the boat (used a verb).

In most cases the broker prefers the "seller" to be absent during the
initial showing to a perspective buyer. (I also think this is a good idea
until a buyer puts down a deposit and signs a purchase and sales agreement
or returns for a 2nd or 3rd look with detailed questions).

It's very wise for the seller to remain out of the loop as much as
possible, particularly in the early stages. The entire personal
chemistry thing between broker and buyer is critically important, and
the fewer "personalities" a skittish buyer has to deal with immediately
after the first nibble on the hook the more likely things will come to
fruition.
The cleanest and easiest deals are those where the buyer and seller
*never* meet.

Sometimes the seller and the seller's broker will offer the exact same
information in two different formats. For example, the seller's broker
might properly disclose "The seller replaced the coring in the foredeck
last year, and that work was done at ABC Boatyard." The seller might
say, "You wouldn't believe how much it cost me to try to get all the
rot out of this dad burned thing last year!".......both have conveyed
the same information, the prospective buyer hasn't learned anything new
or different, but one disclosure has been professional while the other
might have instilled a sense of alarm in the buyer. Even if it isn't
the case, if the buyer thinks he's getting "two different stories" he
will almost certainly bolt, 90-some percent of the time.

"Chuck Gould" wrote in message
ups.com...


It's very wise for the seller to remain out of the loop as much as
possible, particularly in the early stages. The entire personal
chemistry thing between broker and buyer is critically important, and
the fewer "personalities" a skittish buyer has to deal with immediately
after the first nibble on the hook the more likely things will come to
fruition.
The cleanest and easiest deals are those where the buyer and seller
*never* meet.


You'll get a kick out of this.

When we decided to sell our Egg Harbor a couple of years ago an interested
party contacted our broker and arranged to see the boat on a Monday morning.
He was traveling from out of state for the meeting.

Sunday afternoon ... the day before the showing ... the perspective buyer
showed up with his wife at the dock. They had driven up early and were
going to have lunch at the nearby restaurant before checking into a motel.

I was on the boat and heard him calling out ... "Hello". We introduced
ourselves and then had a somewhat awkward moment, both thinking the same
thing. Finally, I broke the ice and invited them to come aboard and take a
look. We ended up spending the entire afternoon going over the boat, stem
to stern with me answering his questions. (fortunately the boat was only a
year old, so there were no major modifications). He then asked if we could
all go for a short ride. This request I politely turned down and suggested
that we wait until the broker meets with him in the morning. He understood.

Anyway ... he gave the broker a deposit first thing in the morning which
made the broker's jaw drop until he heard the story. A survey was done a
couple of days later with me in attendance in which the boat was hauled and
then re-launched. (The buyer also stayed for it). We did a 1 hour sea
trial the same day, and the deal was done.

The broker who also sells used boats offered me a sales job. (kiddingly, of
course)

Eisboch