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  1. #21
    Lakesailor's Avatar
    Lakesailor is offline Registered User
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    Quote Originally Posted by oldbilbo View Post
    I quite agree with 'bbg' and others that 'the agreement with the broker is a separate issue'.

    The trouble with verbal contracts is that they're generally worth no more than the paper they're printed on.

    There, I've gorn and said it.
    Now you really are trying to Lakesailor me.

    See Post#2

  2. #22
    Angele's Avatar
    Angele is offline Registered User
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    And let's say that you did get a court ruling in your favour.

    I would doubt that ruling would compel the vendor to sell, but rather award you damages. How you would prove you had suffered damages when you hadn't bought something you wanted to (but had not incurred any expense along the way) is something I would love to hear.

    And if your argument went along the lines of "well I ended up having to buy this more expensive boat ..." then the defence to that would probably be "it was a more expensive boat because it was a better one - your choice to go down that route." In law, if you are claiming damages, you are obliged to minimise your losses.

    So, you might "win", but get nothing (apart from legal costs).

    Nice work for the surveyors, though, in producing the valuations for what you wanted to buy vs what you ended up getting.
    Last edited by Angele; 24-02-12 at 12:18.

  3. #23
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    Quote Originally Posted by RadiumRob View Post
    Thanks.

    No financial costs have been incurred yet.

    I suppose I'm hoping that the broker will pursue vendor for his lost fees, which might prompt him to go through with the sale after all.

    Meanwhile, back to the long and frustrating search...
    While you and the broker may be frustrated there is little you can do about it unless you have a contract that says he is obliged to sell to you and laying out what the consequences are if he fails - which are likely to be no more than your quantifiable loss. For example if you had incurred survey expenses. Similarly the broker is unlikely to be able to claim anything unless his contract stipulates payment of his commission on receipt of an offer - not the normal practice, the brokerage contract normally pays commission on completion.

    Move on, not worth getting worked up about. Just think what an exciting life the vendor must lead if his wife can stop him from selling the boat (assuming that is the real reason).

  4. #24
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    Quote Originally Posted by RadiumRob View Post
    Please can anyone advise me what rights (if any) I have in the following situation?

    Negotiating through a broker, a seller verbally accepted my offer on his boat only to withdraw it from sale the following day stating that his wife had decided they wanted to keep the boat. The withdrawal was reported to the broker before I had a chance to pay the deposit.
    I think you're stuffed. The law is probably on your side but with nothing in writing the seller only has to say that he accepted "subject to contract" and thre's nothing you can do.

    I know it's obviously frustrating but realistically I think you have to grit your teeth and move on.

    Good luck,

    Boo2

  5. #25
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    Quote Originally Posted by Lakesailor View Post
    Now you really are trying to Lakesailor me.

    See Post#2
    I am unfamiliar with the verb to Lakesailor, please can you explain. I am guessing that it some form of forum etiquette?

  6. #26
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    Quote Originally Posted by fantasia7628 View Post
    I am unfamiliar with the verb to Lakesailor, please can you explain. I am guessing that it some form of forum etiquette?
    You need to read the http://www.lakelandimages.co.uk/lakesailoring/
    Apartment for rent in Klosters, Switzerland http://goo.gl/HKIcgK

  7. #27
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    Quote Originally Posted by bbg View Post
    Excellent, thank you for that, all is now clear. (and I hope that I have not lakesailored anyone)

  8. #28
    davidej is online now Registered User
    Location : West Mersea. north Essex
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    Quote Originally Posted by fantasia7628 View Post
    I am unfamiliar with the verb to Lakesailor, please can you explain. I am guessing that it some form of forum etiquette?
    I heard an American say that there is no noun in the language which couldn't be verbed
    davidej

  9. #29
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    IIRC for a contract to be enforcable both parties must have mental capacity.

    If I was the third part I would claim that I must be mad to consider agreeing a sale contract with such a difficult individual as you then ergo i did not have mental capacity!!

    QED

    :-0

  10. #30
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    Quote Originally Posted by Sailfree View Post
    IIRC for a contract to be enforcable both parties must have mental capacity.

    If I was the third part I would claim that I must be mad to consider agreeing a sale contract with such a difficult individual as you then ergo i did not have mental capacity!!

    QED

    :-0
    Difficult? To expect someone to honour their word?

    If that is the kind of person you are remind me never to do any business with you under any circumstances. Ever.
    Apartment for rent in Klosters, Switzerland http://goo.gl/HKIcgK

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