Beware if Selling on CraigsList

[Flyguy1967]

I am selling my trawler on CL and was contacted by an interested person who seemed qualified and was told he was looking for a boat for he and his wife. I think I do a pretty good job of qualifying folks.

Turns out he was a broker showing boats to clients and added my boat to his list of boats to show.

He did not tell me he was a broker until we were walking down the dock.

Not a big deal as I was showing the boat to another prospective buyer but seems this is a new tactic to work themselves into a deal. If I didn't have another showing I would have been really ticked for wasting my time.

I guess you now need to add the qualifying question is "are you a broker?"

 

[slowgoesit]

I am selling my trawler on CL and was contacted by an interested person who seemed qualified and was told he was looking for a boat for he and his wife. I think I do a pretty good job of qualifying folks.

Turns out he was a broker showing boats to clients and added my boat to his list of boats to show.
He did not tell me he was a broker until we were walking down the dock.
Not a big deal as I was showing the boat to another prospective buyer but seems this is a new tactic to work themselves into a deal. If I didn't have another showing I would have been really ticked for wasting my time.I guess you now need to add the qualifying question is "are you a broker?"

I don't have a problem if a broker wants to show a boat I have for sale by owner . . . after he signs a statement stating that he understands that any and all commissions, fees, monetary remuneration, etc will come exclusively from the buyer's, and he/she agrees to hold me harmless for any issues that may come up as a result of the sale! No signee, no showee, and he/she can take it or leave it. After all, if we wanted to pay a commission, we would have listed it through a broker. Never sold any of my boats through a broker, although we did purchase our current boat through a Seller's broker, and we had an overall good experience.
Not identifying himself as a broker in his first contact with you was unethical, IMHO, and although his potential "buyers" would have been welcome to stay, I would have asked him to leave as soon as he DID identify himself as a broker, unless he signed that document (which I had drawn up when we sold our second boat).
From personal experience, brokers have been known to come out of the woodwork during the closing phase, or after you sell a boat, demanding a commission, claiming they had "talked to", or "shown" your boat to the buyer. Too much to get into on this thread, but it has been known to happen . . .

 

[SteveK]

There is no obligation to pay commission if you do not have a pre existing contract. Let them show the boat, if that buyer is interested they can pay the commission.

 

[slowgoesit]

SV, in the case(s) I mentioned in passing, the lack of a legal obligation didn't prevent this possibly unscrupulous broker from filing a lien in his attempt to, some may say, extort $$ from the seller's.
So for us, we just require a signed statement agreeing to our terms if they want to show a boat we are selling. YMMV

 

[SteveK]

Then accept the offer subject to buyer paying any commission. I do not understand your contract laws, but have never heard of such event north of the 49th. look forward to a Canuck relating such a story.

 

[hollywood8118]

I am selling my trawler on CL and was contacted by an interested person who seemed qualified and was told he was looking for a boat for he and his wife. I think I do a pretty good job of qualifying folks.

Turns out he was a broker showing boats to clients and added my boat to his list of boats to show.

He did not tell me he was a broker until we were walking down the dock.

Not a big deal as I was showing the boat to another prospective buyer but seems this is a new tactic to work themselves into a deal. If I didn't have another showing I would have been really ticked for wasting my time.

I guess you now need to add the qualifying question is "are you a broker?"

What difference does it make if he is a broker or not?
Did he infer you would owe him commission if he sold it?
He may be a great broker that had seen your boat advertised and it was exactly what his client was looking for, and he would have the client pay a reduced commission for his services.
When you list a boat as a owner you open yourself to many different situations, some good some not so good.

Your lack of paying a commission is your compensation for the hassle.


Show it to everybody, the end game is to sell it.


HOLLYWOOD

 

[Bkay]

SV, in the case(s) I mentioned in passing, the lack of a legal obligation didn't prevent this possibly unscrupulous broker from filing a lien in his attempt to, some may say, extort $$ from the seller's.

I claim no particular expertise in this arena, but I had problems with my new construction and brought up with my attorney "what if the old builder files a lien in an effort to extort unearned profit from me" and the attorney quickly pointed out the courts take a dim view of people filing fraudulent liens on another's property.

He added, simply explaining that makes all but the dumbest guys simply go away since they would be liable for the damages caused by a fraudulent lien.

 

[soin2la]

What difference does it make if he is a broker or not? He may be a great broker...lalalala

The difference in this case is he did not introduce himself as a broker, something you would expect a "great broker" to do.

 

[Flyguy1967]

What difference does it make if he is a broker or not?
Did he infer you would owe him commission if he sold it?
He may be a great broker that had seen your boat advertised and it was exactly what his client was looking for, and he would have the client pay a reduced commission for his services.
When you list a boat as a owner you open yourself to many different situations, some good some not so good.

Your lack of paying a commission is your compensation for the hassle.


Show it to everybody, the end game is to sell it.


HOLLYWOOD

Had he disclosed he was a broker upfront, no issue. If he wanted to show it to a potential customer, fine.

Bottomline he had no intention of purchasing my boat. It was all a ruse to get on the boat. I live 1.5 hours from the boat. If I did not already have an appointment with a legit couple who were actual buyers, I'd be really pissed. The tactic is unscrupulous and I am certain not in the NWYB handbook on ethics.

The purpose of my post is to let folks know that folks are out there passing themselves off as buyers when in fact they are actually brokers.

 

[BruceK]

I am selling my trawler on CL and was contacted by an interested person who seemed qualified and was told he was looking for a boat for he and his wife. I think I do a pretty good job of qualifying folks....

Pretty sure I`d be repelled by a broker trying to get a listing using that ruse.

 

[friz]

SV, in the case(s) I mentioned in passing, the lack of a legal obligation didn't prevent this possibly unscrupulous broker from filing a lien in his attempt to, some may say, extort $$ from the seller's.
So for us, we just require a signed statement agreeing to our terms if they want to show a boat we are selling. YMMV

Are liens that easy to file? I would think a lien would be for contracted work not paid. No contract, no lien. Just curious.

 

[Bkay]

Are liens that easy to file? I would think a lien would be for contracted work not paid. No contract, no lien. Just curious.

Every state is different (although I understand there are some federal laws regarding liens). But in short, liens are fairly easy to file and are powerful tools. Since they are easy and powerful, there are serious repercussions to filing false liens and fraudulent liens. In fact, there are federal laws regarding "paper terrorism" surrounding the filing of false liens.

If there is no contract and a lien is filed, that can be pretty serious (potentially including jail time and payment of damages as a result of the false lien).

I'm no lawyer - take my comments for what they are worth. But this is how my attorney explained it to me when I ran into trouble with an unscrupulous builder who defaulted on a contract but wanted more money than we agreed to.

 

[SteveK]

Are liens that easy to file? I would think a lien would be for contracted work not paid. No contract, no lien. Just curious.

Yes liens (here) are easy to file. But then you have to prove the debt was owed or you are the one up the creek.
I have filed plenty, then send to collections while the lien secures place in line to collect. Contracts do not need to be in writing, but they need to be at least implied before there is an expectation to be paid.
Since buyers and sellers can pay commission, as I said before, write in offer accepted subject to the buyer paying all commissions.

 

[The Sally Ann]

I had a similar experience at the AGLCA Looper Crawl a few years ago. We had our boat on the Crawl and for sale by owner.
A broker came on my boat and told people that he had a much better listing and handed out cards.
Needless to say when I found out about it he was asked to leave our vessel.

 

[slowgoesit]

I had a similar experience at the AGLCA Looper Crawl a few years ago. We had our boat on the Crawl and for sale by owner.
A broker came on my boat and told people that he had a much better listing and handed out cards.
Needless to say when I found out about it he was asked to leave our vessel.

Wow! That's one broker who should have been assisted in going for a swim. The dirtier the water, the better. . .

 

[Mako]

I think Craigslist is great. I'm advertising my boat and have been contacted by a prince in Nigeria. He's willing to pay me $15 million over my asking price!