Brokers - help!

[Ianfs]

In a recent court case I am aware of, a landlord was chasing a tenant for money and held his goods saying he had a financial interest in them. He was told by the judge in no uncertain terms that he was not at liberty to stop the tenant from taking his goods and that in effect he was stealing from him. It is only a baliff with a court order who can seize goods and he was told the correct way to pursue the money was in what he was doing in the court.

It depends on how bloody minded they want to be

Agreed, plus they have a reputation to keep and you may wish to buy or sell with them in the future, they would have to be really bloody minded to pursue you.

I would hope that saying to them "can I have a copy of the signed contract so I can seek legal advice on its status" would call their bluff

Again agreed and it would certainly set the pace of things with them.

[ChrisH]

My previous boat was subject to this when I tried to buy her. I was negotiating with a broker. Quite hard I have to say. In the meantime the owner advertised on ebay and sold her for less than I was offering. Lol. When I told the broker I spotted this on ebay they told me he couldn't do this due to his contract. As far as i know the owner removed his boat from their yard and that was that. I tracked her down to the broker that bought her on ebay and ended up buying her through them. Good broker for used boats imo.

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[_Ed_]

In a recent court case I am aware of, a landlord was chasing a tenant for money and held his goods saying he had a financial interest in them. He was told by the judge in no uncertain terms that he was not at liberty to stop the tenant from taking his goods and that in effect he was stealing from him. It is only a baliff with a court order who can seize goods and he was told the correct way to pursue the money was in what he was doing in the court.

As another example, that is I understand exactly the same with garage work on cars. If for example work is carried out and the customer won't pay, its illegal to withhold the car against payment.

[_Ed_]

Having just said that this seems to say otherwise: http://www.fsp-law.com/articles/can-a-d ... tomers-car

[BruceK]

Agg. Tell the broker you advised them it was off sale and as you were used to receiving feckall in the nature of confirming correspondence you naturally assumed they had it. Then counter claim for lack of service and depreciation while in their inept services. Once all is done and settled show the maths and say each balances the other and have no further claims but welcome him to take it before a claims. Tell him being a broker doesn't mean he can sit on his useless arse until you sell it for him so he can make his wedge and so get his money either way. Ask him for proof of all the prospective clients he's put off and then tell him to feck off. Politely of course.

[shibbs]

Absolutely agree. I bet if you start turning it around at him, with the possibility of it costing him, his mind will be changed, pretty quick.

[argonaut]

It is a pretty simple position legally ... did you sign a contract that includes their right to a fee if you sell privately.
If you did - your best hope is to plead for reduced fee .... legally you are screwed.

When I used brokers in the past I advised I reserved the right to sell privately and it was written in, thee may well be optional contract terms (and probably rates)


The problem is if a broker is spending money advertising your boat (webmail, pushing to sites, boat mags etc) if you get contacted direct you can't then expect to not pay them.

I have sold a boat (and a house) when I have been contacted by a perspective purchaser who wants to deal direct and get a discount as they know you then don't have to pay the fees ......... underhand & unfair, you have to accept if you contracted with them the contract stands.

If you are unhappy with the performance cancel - and take your business elsewhere.