A little update:
We came to an agreement that everyone was happy with. I have given the first portion of the payment, and we just need some paperwork confirmed and submitted and I will complete the purchase, so probably next week. Pretty exciting!
"Alexander Burger" <mail@...> writes:
toggle quoted message
Show quoted text
Dear Malcolm, you were interested in buying my Sharki in Sardinia last October, you were too late as I had agreed to trade with another interested party. I am following your problems with the purchase and want to tell you briefly how it went with us. The boat had a German flag and was bought by an Italian citizen. We did everything without a broker. We signed a bill of sale, but we didn't even do the signatures at the same time because the buyer got sick and couldn't come to Berlin as planned. Therefore, the seller's signatures were notarised and this deed was sent to the buyer, who can use this deed to register his property. He also needed the deregistration certificate of the German boat registration, which was also sent to him. Without these documents, or those required by the Netherlands, the full purchase price should not be paid, as you still need to have some leverage to keep the seller active. If you use a broker, the documents necessary for your registration, as far as they have to be provided by the seller, should reach the broker before the entire purchase price is paid to the seller. The agent can be a kind of trustee who receives the purchase price, so that the seller can be sure that the money will flow, but will not be paid until all the documents are with the agent. I hope that gives you some clarity. Best rergards
ALexander
former owner Sharki #17
Am 30.01.2023 um 16:35 schrieb Malcolm Matalka:
Haha it was a typo! I do not feel that I am being scammed! El lun, 30 ene 2023 16:33, Roque <ediroque@...> escribió:
Malcon You said: “ I do believe I am being scammed by the broker”
Unless this was a typo and you meant “do not”, I would just look for another broker, one I would have good info about and reasons to consider him/she a good profissional. Roque Em seg., 30 de jan. de 2023 às 12:11, Malcolm Matalka <mmatalka@...> escreveu:
Hello everyone, I have a follow-up question. Purchasing this boat is still on-going, and I would like to confirm what the broker is proposing because I do not know:
They say that once the bill of sale has been signed by all parties, I should transfer the full amount of the boat over to the owner.
I would like to break the purchase up into two transactions: half once bill of sale is signed, and the other half after I have received the Certificate of Registry or the Certificate of Withdrawal. I have been told by others not to complete a purchase without those due to horror stories of everything getting signed and never receiving the certificate and the broker going to sell the boat to someone else.
I am told this is unusual receiving some pressure. Additionally, they don't really want to write a concrete contract beyond a bill of sale. They seem to think that is a sufficiently specific contract.
Does anyone here have any thoughts? Advice? I think the Bill of Sale is valid as a contract, so if they did try to scam me, I would have legal grounds to do that, but that doesn't mean I'm going to get any money back even if I were to be on the right side of the law.
To be clear, I do believe I am being scammed by the broker, but I would like to do things as safely as I can.
"Trevor Lusty" <trevlusty@...> writes:
> Malcolm, > Is very exciting buying a boat, but your first is really special and good luck with it. > > Better to have a contract written in your country of domicile. Conduct your purchase in currency preferred and favourable to you. Most > importantly of all, have a your agreement ensure that your cash transfers against clear title of your new boat, the usual process is to an > escrow account, and finally be certain that you can reverse out with your cash if the music stops. > Anything is possible but you need a willing buyer and a willing seller. Mark's example is a brilliant example of everyone being on the same > page. > Remember, they built a lot more than one boat, if this one doesn't work out, there will be another and you will still have your funds. > Best regards, > Trevor Lusty > Ireland > > >
-- Roque Attika A54 117 Paraty - Brazil
|
|
We just did a private purchase of an Amel. However the boat was in the US and the seller was also a US citizen. We used All Yacht Registries, http://www.allyachtregistries.com/ , to help with the formalities. They are also recommended by Bill Rouse. I paid a little less than $800.- for the services, including USCG registration, and they handled the escrow. I suggest giving Lisa Schwarz a call and discuss your situation. Her number is 239-285-8469 or 239-529-2155. -- Lisa & Wolf
OPUS
SM243
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Joerg Esdorn
Malcom, just a coupe of thoughts for your consideration from a retired New York finance lawyer:
1. You have to make sure that the seller has clear title to the boat. For that you need to check whether the boat is registered in France or elsewhere in some registration system and get a print out of the information in the system. You don‘t want to rely on a title guarantee from the seller because assuming the worst, you don‘t want to be chasing him in France if the true owner shows up and claims his boat back and you don‘t know whether the seller is solvent. 2. You have to make sure that the seller has not encumbered the boat with a boat loan. I know that in France there is a central system in which all mortgages are listed - I know because I checked that system when I bought my boat from Amel. I also got a certification from Amel that the boat was not encumbered by a mortgage but again, if you don‘t know the seller, that may not be worth anything.
I hope that helps.
Joerg Esdorn A55 #53 Kincsem Currently in Scotland
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If the broker is a well known and reliable company do it through them it will cost 0 . Envoyé de mon iPhone
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Show quoted text
Le 30 janv. 2023 à 21:09, Naura Slickers & Philipp Schmid <com@...> a écrit :
Hello Alexander,
we had good experiences with https://www.escrow.com/ for business transactions in the past (but nothing boat related and no transactions with actual problems).
All the best, Philipp On 30.01.2023, at 20:57, Malcolm Matalka <mmatalka@...> wrote:
I talked to the owner and explained that I did not want to complete the transaction until I had both pieces of paper and why and he completely understood and agreed and wants to find some way such that we both minimize risk. So that's great! I need to find some sort of escrow services I suppose? I think maybe banks offer this service as well, I'm not sure.Thank you for the great, and quick, advice, everyone."Alexander Burger" <mail@...> writes:Dear Malcolm, you were interested in buying my Sharki in Sardinia last October, you were too late as I had agreed to trade with another interested party. I am following your problems with the purchase and want to tell you briefly how it went with us. The boat had a German flag and was bought by an Italian citizen. We did everything without a broker. We signed a bill of sale, but we didn't even do the signatures at the same time because the buyer got sick and couldn't come to Berlin as planned. Therefore, the seller's signatures were notarised and this deed was sent to the buyer, who can use this deed to register his property. He also needed the deregistration certificate of the German boat registration, which was also sent to him. Without these documents, or those required by the Netherlands, the full purchase price should not be paid, as you still need to have some leverage to keep the seller active. If you use a broker, the documents necessary for your registration, as far as they have to be provided by the seller, should reach the broker before the entire purchase price is paid to the seller. The agent can be a kind of trustee who receives the purchase price, so that the seller can be sure that the money will flow, but will not be paid until all the documents are with the agent. I hope that gives you some clarity. Best rergards
ALexander
former owner Sharki #17
Am 30.01.2023 um 16:35 schrieb Malcolm Matalka:
Haha it was a typo! I do not feel that I am being scammed! El lun, 30 ene 2023 16:33, Roque <ediroque@...> escribió:
Malcon You said: “ I do believe I am being scammed by the broker”
Unless this was a typo and you meant “do not”, I would just look for another broker, one I would have good info about and reasons to consider him/she a good profissional. Roque Em seg., 30 de jan. de 2023 às 12:11, Malcolm Matalka <mmatalka@...> escreveu:
Hello everyone, I have a follow-up question. Purchasing this boat is still on-going, and I would like to confirm what the broker is proposing because I do not know:
They say that once the bill of sale has been signed by all parties, I should transfer the full amount of the boat over to the owner.
I would like to break the purchase up into two transactions: half once bill of sale is signed, and the other half after I have received the Certificate of Registry or the Certificate of Withdrawal. I have been told by others not to complete a purchase without those due to horror stories of everything getting signed and never receiving the certificate and the broker going to sell the boat to someone else.
I am told this is unusual receiving some pressure. Additionally, they don't really want to write a concrete contract beyond a bill of sale. They seem to think that is a sufficiently specific contract.
Does anyone here have any thoughts? Advice? I think the Bill of Sale is valid as a contract, so if they did try to scam me, I would have legal grounds to do that, but that doesn't mean I'm going to get any money back even if I were to be on the right side of the law.
To be clear, I do believe I am being scammed by the broker, but I would like to do things as safely as I can.
"Trevor Lusty" <trevlusty@...> writes:
> Malcolm, > Is very exciting buying a boat, but your first > is > really special and good luck with it. > > Better to have a contract written in your country of > domicile. > Conduct your purchase in currency preferred and favourable to > you. Most > importantly of all, have a your agreement ensure that your > cash > transfers against clear title of your new boat, the usual > process is to an > escrow account, and finally be certain that you can reverse > out > with your cash if the music stops. > Anything is possible but you need a willing buyer and a > willing > seller. Mark's example is a brilliant example of everyone > being > on the same > page. > Remember, they built a lot more than one boat, if this one > doesn't work out, there will be another and you will still > have > your funds. > Best regards, > Trevor Lusty > Ireland > > > > > -- Roque Attika A54 117 Paraty - Brazil
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|
Naura Slickers & Philipp Schmid
Hello Alexander,
we had good experiences with https://www.escrow.com/ for business transactions in the past (but nothing boat related and no transactions with actual problems).
toggle quoted message
Show quoted text
On 30.01.2023, at 20:57, Malcolm Matalka <mmatalka@...> wrote:
I talked to the owner and explained that I did not want to complete the transaction until I had both pieces of paper and why and he completely understood and agreed and wants to find some way such that we both minimize risk. So that's great! I need to find some sort of escrow services I suppose? I think maybe banks offer this service as well, I'm not sure.Thank you for the great, and quick, advice, everyone."Alexander Burger" <mail@...> writes:Dear Malcolm, you were interested in buying my Sharki in Sardinia last October, you were too late as I had agreed to trade with another interested party. I am following your problems with the purchase and want to tell you briefly how it went with us. The boat had a German flag and was bought by an Italian citizen. We did everything without a broker. We signed a bill of sale, but we didn't even do the signatures at the same time because the buyer got sick and couldn't come to Berlin as planned. Therefore, the seller's signatures were notarised and this deed was sent to the buyer, who can use this deed to register his property. He also needed the deregistration certificate of the German boat registration, which was also sent to him. Without these documents, or those required by the Netherlands, the full purchase price should not be paid, as you still need to have some leverage to keep the seller active. If you use a broker, the documents necessary for your registration, as far as they have to be provided by the seller, should reach the broker before the entire purchase price is paid to the seller. The agent can be a kind of trustee who receives the purchase price, so that the seller can be sure that the money will flow, but will not be paid until all the documents are with the agent. I hope that gives you some clarity. Best rergards
ALexander
former owner Sharki #17
Am 30.01.2023 um 16:35 schrieb Malcolm Matalka:
Haha it was a typo! I do not feel that I am being scammed! El lun, 30 ene 2023 16:33, Roque <ediroque@...> escribió:
Malcon You said: “ I do believe I am being scammed by the broker”
Unless this was a typo and you meant “do not”, I would just look for another broker, one I would have good info about and reasons to consider him/she a good profissional. Roque Em seg., 30 de jan. de 2023 às 12:11, Malcolm Matalka <mmatalka@...> escreveu:
Hello everyone, I have a follow-up question. Purchasing this boat is still on-going, and I would like to confirm what the broker is proposing because I do not know:
They say that once the bill of sale has been signed by all parties, I should transfer the full amount of the boat over to the owner.
I would like to break the purchase up into two transactions: half once bill of sale is signed, and the other half after I have received the Certificate of Registry or the Certificate of Withdrawal. I have been told by others not to complete a purchase without those due to horror stories of everything getting signed and never receiving the certificate and the broker going to sell the boat to someone else.
I am told this is unusual receiving some pressure. Additionally, they don't really want to write a concrete contract beyond a bill of sale. They seem to think that is a sufficiently specific contract.
Does anyone here have any thoughts? Advice? I think the Bill of Sale is valid as a contract, so if they did try to scam me, I would have legal grounds to do that, but that doesn't mean I'm going to get any money back even if I were to be on the right side of the law.
To be clear, I do believe I am being scammed by the broker, but I would like to do things as safely as I can.
"Trevor Lusty" <trevlusty@...> writes:
> Malcolm, > Is very exciting buying a boat, but your first > is > really special and good luck with it. > > Better to have a contract written in your country of > domicile. > Conduct your purchase in currency preferred and favourable to > you. Most > importantly of all, have a your agreement ensure that your > cash > transfers against clear title of your new boat, the usual > process is to an > escrow account, and finally be certain that you can reverse > out > with your cash if the music stops. > Anything is possible but you need a willing buyer and a > willing > seller. Mark's example is a brilliant example of everyone > being > on the same > page. > Remember, they built a lot more than one boat, if this one > doesn't work out, there will be another and you will still > have > your funds. > Best regards, > Trevor Lusty > Ireland > > > > > -- Roque Attika A54 117 Paraty - Brazil
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|
I talked to the owner and explained that I did not want to complete the transaction until I had both pieces of paper and why and he completely understood and agreed and wants to find some way such that we both minimize risk. So that's great! I need to find some sort of escrow services I suppose? I think maybe banks offer this service as well, I'm not sure.
Thank you for the great, and quick, advice, everyone.
"Alexander Burger" <mail@...> writes:
toggle quoted message
Show quoted text
Dear Malcolm, you were interested in buying my Sharki in Sardinia last October, you were too late as I had agreed to trade with another interested party. I am following your problems with the purchase and want to tell you briefly how it went with us. The boat had a German flag and was bought by an Italian citizen. We did everything without a broker. We signed a bill of sale, but we didn't even do the signatures at the same time because the buyer got sick and couldn't come to Berlin as planned. Therefore, the seller's signatures were notarised and this deed was sent to the buyer, who can use this deed to register his property. He also needed the deregistration certificate of the German boat registration, which was also sent to him. Without these documents, or those required by the Netherlands, the full purchase price should not be paid, as you still need to have some leverage to keep the seller active. If you use a broker, the documents necessary for your registration, as far as they have to be provided by the seller, should reach the broker before the entire purchase price is paid to the seller. The agent can be a kind of trustee who receives the purchase price, so that the seller can be sure that the money will flow, but will not be paid until all the documents are with the agent. I hope that gives you some clarity. Best rergards
ALexander
former owner Sharki #17
Am 30.01.2023 um 16:35 schrieb Malcolm Matalka:
Haha it was a typo! I do not feel that I am being scammed! El lun, 30 ene 2023 16:33, Roque <ediroque@...> escribió:
Malcon You said: “ I do believe I am being scammed by the broker”
Unless this was a typo and you meant “do not”, I would just look for another broker, one I would have good info about and reasons to consider him/she a good profissional. Roque Em seg., 30 de jan. de 2023 às 12:11, Malcolm Matalka <mmatalka@...> escreveu:
Hello everyone, I have a follow-up question. Purchasing this boat is still on-going, and I would like to confirm what the broker is proposing because I do not know:
They say that once the bill of sale has been signed by all parties, I should transfer the full amount of the boat over to the owner.
I would like to break the purchase up into two transactions: half once bill of sale is signed, and the other half after I have received the Certificate of Registry or the Certificate of Withdrawal. I have been told by others not to complete a purchase without those due to horror stories of everything getting signed and never receiving the certificate and the broker going to sell the boat to someone else.
I am told this is unusual receiving some pressure. Additionally, they don't really want to write a concrete contract beyond a bill of sale. They seem to think that is a sufficiently specific contract.
Does anyone here have any thoughts? Advice? I think the Bill of Sale is valid as a contract, so if they did try to scam me, I would have legal grounds to do that, but that doesn't mean I'm going to get any money back even if I were to be on the right side of the law.
To be clear, I do believe I am being scammed by the broker, but I would like to do things as safely as I can.
"Trevor Lusty" <trevlusty@...> writes:
> Malcolm, > Is very exciting buying a boat, but your first is really special and good luck with it. > > Better to have a contract written in your country of domicile. Conduct your purchase in currency preferred and favourable to you. Most > importantly of all, have a your agreement ensure that your cash transfers against clear title of your new boat, the usual process is to an > escrow account, and finally be certain that you can reverse out with your cash if the music stops. > Anything is possible but you need a willing buyer and a willing seller. Mark's example is a brilliant example of everyone being on the same > page. > Remember, they built a lot more than one boat, if this one doesn't work out, there will be another and you will still have your funds. > Best regards, > Trevor Lusty > Ireland > > >
-- Roque Attika A54 117 Paraty - Brazil
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If the boat is sold via a broker you have no choice but to go through him . Your idea to split the payment is ok but upon the issue of the ownership certificate you must have paid 100/100 which can be blocked as trustee by the broker Envoyé de mon iPhone
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Le 30 janv. 2023 à 17:23, Malcolm Matalka <mmatalka@...> a écrit :
Hey Alex! Good to hear from you!
Bill & Alex, thank you for the advice. Both were very helpful.
"Alexander Burger" <mail@...> writes:
Dear Malcolm, you were interested in buying my Sharki in Sardinia last October, you were too late as I had agreed to trade with another interested party. I am following your problems with the purchase and want to tell you briefly how it went with us. The boat had a German flag and was bought by an Italian citizen. We did everything without a broker. We signed a bill of sale, but we didn't even do the signatures at the same time because the buyer got sick and couldn't come to Berlin as planned. Therefore, the seller's signatures were notarised and this deed was sent to the buyer, who can use this deed to register his property. He also needed the deregistration certificate of the German boat registration, which was also sent to him. Without these documents, or those required by the Netherlands, the full purchase price should not be paid, as you still need to have some leverage to keep the seller active. If you use a broker, the documents necessary for your registration, as far as they have to be provided by the seller, should reach the broker before the entire purchase price is paid to the seller. The agent can be a kind of trustee who receives the purchase price, so that the seller can be sure that the money will flow, but will not be paid until all the documents are with the agent. I hope that gives you some clarity. Best rergards
ALexander
former owner Sharki #17
Am 30.01.2023 um 16:35 schrieb Malcolm Matalka:
Haha it was a typo! I do not feel that I am being scammed! El lun, 30 ene 2023 16:33, Roque <ediroque@...> escribió:
Malcon You said: “ I do believe I am being scammed by the broker”
Unless this was a typo and you meant “do not”, I would just look for another broker, one I would have good info about and reasons to consider him/she a good profissional. Roque Em seg., 30 de jan. de 2023 às 12:11, Malcolm Matalka <mmatalka@...> escreveu:
Hello everyone, I have a follow-up question. Purchasing this boat is still on-going, and I would like to confirm what the broker is proposing because I do not know:
They say that once the bill of sale has been signed by all parties, I should transfer the full amount of the boat over to the owner.
I would like to break the purchase up into two transactions: half once bill of sale is signed, and the other half after I have received the Certificate of Registry or the Certificate of Withdrawal. I have been told by others not to complete a purchase without those due to horror stories of everything getting signed and never receiving the certificate and the broker going to sell the boat to someone else.
I am told this is unusual receiving some pressure. Additionally, they don't really want to write a concrete contract beyond a bill of sale. They seem to think that is a sufficiently specific contract.
Does anyone here have any thoughts? Advice? I think the Bill of Sale is valid as a contract, so if they did try to scam me, I would have legal grounds to do that, but that doesn't mean I'm going to get any money back even if I were to be on the right side of the law.
To be clear, I do believe I am being scammed by the broker, but I would like to do things as safely as I can.
"Trevor Lusty" <trevlusty@...> writes:
Malcolm, Is very exciting buying a boat, but your first > is > really special and good luck with it.
Better to have a contract written in your country of > domicile. > Conduct your purchase in currency preferred and favourable to > you. Most importantly of all, have a your agreement ensure that your > cash > transfers against clear title of your new boat, the usual > process is to an escrow account, and finally be certain that you can reverse > out > with your cash if the music stops. Anything is possible but you need a willing buyer and a > willing > seller. Mark's example is a brilliant example of everyone > being > on the same page. Remember, they built a lot more than one boat, if this one > doesn't work out, there will be another and you will still > have > your funds. Best regards, Trevor Lusty Ireland > >
-- Roque Attika A54 117 Paraty - Brazil
|
|
Hey Alex! Good to hear from you!
Bill & Alex, thank you for the advice. Both were very helpful.
"Alexander Burger" <mail@...> writes:
toggle quoted message
Show quoted text
Dear Malcolm, you were interested in buying my Sharki in Sardinia last October, you were too late as I had agreed to trade with another interested party. I am following your problems with the purchase and want to tell you briefly how it went with us. The boat had a German flag and was bought by an Italian citizen. We did everything without a broker. We signed a bill of sale, but we didn't even do the signatures at the same time because the buyer got sick and couldn't come to Berlin as planned. Therefore, the seller's signatures were notarised and this deed was sent to the buyer, who can use this deed to register his property. He also needed the deregistration certificate of the German boat registration, which was also sent to him. Without these documents, or those required by the Netherlands, the full purchase price should not be paid, as you still need to have some leverage to keep the seller active. If you use a broker, the documents necessary for your registration, as far as they have to be provided by the seller, should reach the broker before the entire purchase price is paid to the seller. The agent can be a kind of trustee who receives the purchase price, so that the seller can be sure that the money will flow, but will not be paid until all the documents are with the agent. I hope that gives you some clarity. Best rergards
ALexander
former owner Sharki #17
Am 30.01.2023 um 16:35 schrieb Malcolm Matalka:
Haha it was a typo! I do not feel that I am being scammed! El lun, 30 ene 2023 16:33, Roque <ediroque@...> escribió:
Malcon You said: “ I do believe I am being scammed by the broker”
Unless this was a typo and you meant “do not”, I would just look for another broker, one I would have good info about and reasons to consider him/she a good profissional. Roque Em seg., 30 de jan. de 2023 às 12:11, Malcolm Matalka <mmatalka@...> escreveu:
Hello everyone, I have a follow-up question. Purchasing this boat is still on-going, and I would like to confirm what the broker is proposing because I do not know:
They say that once the bill of sale has been signed by all parties, I should transfer the full amount of the boat over to the owner.
I would like to break the purchase up into two transactions: half once bill of sale is signed, and the other half after I have received the Certificate of Registry or the Certificate of Withdrawal. I have been told by others not to complete a purchase without those due to horror stories of everything getting signed and never receiving the certificate and the broker going to sell the boat to someone else.
I am told this is unusual receiving some pressure. Additionally, they don't really want to write a concrete contract beyond a bill of sale. They seem to think that is a sufficiently specific contract.
Does anyone here have any thoughts? Advice? I think the Bill of Sale is valid as a contract, so if they did try to scam me, I would have legal grounds to do that, but that doesn't mean I'm going to get any money back even if I were to be on the right side of the law.
To be clear, I do believe I am being scammed by the broker, but I would like to do things as safely as I can.
"Trevor Lusty" <trevlusty@...> writes:
> Malcolm, > Is very exciting buying a boat, but your first is really special and good luck with it. > > Better to have a contract written in your country of domicile. Conduct your purchase in currency preferred and favourable to you. Most > importantly of all, have a your agreement ensure that your cash transfers against clear title of your new boat, the usual process is to an > escrow account, and finally be certain that you can reverse out with your cash if the music stops. > Anything is possible but you need a willing buyer and a willing seller. Mark's example is a brilliant example of everyone being on the same > page. > Remember, they built a lot more than one boat, if this one doesn't work out, there will be another and you will still have your funds. > Best regards, > Trevor Lusty > Ireland > > >
-- Roque Attika A54 117 Paraty - Brazil
|
|

Alexander Burger
Dear Malcolm, you were interested in buying my Sharki in Sardinia
last October, you were too late as I had agreed to trade with
another interested party. I am following your problems with the
purchase and want to tell you briefly how it went with us. The
boat had a German flag and was bought by an Italian citizen. We
did everything without a broker. We signed a bill of sale, but we
didn't even do the signatures at the same time because the buyer
got sick and couldn't come to Berlin as planned. Therefore, the
seller's signatures were notarised and this deed was sent to the
buyer, who can use this deed to register his property. He also
needed the deregistration certificate of the German boat
registration, which was also sent to him. Without these documents,
or those required by the Netherlands, the full purchase price
should not be paid, as you still need to have some leverage to
keep the seller active. If you use a broker, the documents
necessary for your registration, as far as they have to be
provided by the seller, should reach the broker before the entire
purchase price is paid to the seller. The agent can be a kind of
trustee who receives the purchase price, so that the seller can be
sure that the money will flow, but will not be paid until all the
documents are with the agent.
I hope that gives you some clarity.
Best rergards
ALexander
former owner Sharki #17
Am 30.01.2023 um 16:35 schrieb Malcolm
Matalka:
toggle quoted message
Show quoted text
Haha it was a typo! I do not feel that I am being
scammed!
Malcon
You said: “ I do believe
I am being scammed by the broker”
Unless this was a typo and you
meant “do not”, I would just look for another broker,
one I would have good info about and reasons to consider
him/she a good profissional.
Roque
Em seg., 30 de jan. de
2023 às 12:11, Malcolm Matalka < mmatalka@...>
escreveu:
Hello
everyone, I have a follow-up question. Purchasing this
boat
is still on-going, and I would like to confirm what the
broker is
proposing because I do not know:
They say that once the bill of sale has been signed by
all
parties, I should transfer the full amount of the boat
over to the
owner.
I would like to break the purchase up into two
transactions: half
once bill of sale is signed, and the other half after I
have
received the Certificate of Registry or the Certificate
of
Withdrawal. I have been told by others not to complete
a purchase
without those due to horror stories of everything
getting signed
and never receiving the certificate and the broker going
to sell
the boat to someone else.
I am told this is unusual receiving some pressure.
Additionally,
they don't really want to write a concrete contract
beyond a bill
of sale. They seem to think that is a sufficiently
specific
contract.
Does anyone here have any thoughts? Advice? I think the
Bill of
Sale is valid as a contract, so if they did try to scam
me, I
would have legal grounds to do that, but that doesn't
mean I'm
going to get any money back even if I were to be on the
right side
of the law.
To be clear, I do believe I am being scammed by the
broker, but I
would like to do things as safely as I can.
"Trevor Lusty" <trevlusty@...>
writes:
> Malcolm,
> Is very exciting buying a boat, but
your first is
> really special and good luck with it.
>
> Better to have a contract written in your country
of domicile.
> Conduct your purchase in currency preferred and
favourable to
> you. Most
> importantly of all, have a your agreement ensure
that your cash
> transfers against clear title of your new boat, the
usual
> process is to an
> escrow account, and finally be certain that you can
reverse out
> with your cash if the music stops.
> Anything is possible but you need a willing buyer
and a willing
> seller. Mark's example is a brilliant example of
everyone being
> on the same
> page.
> Remember, they built a lot more than one boat, if
this one
> doesn't work out, there will be another and you
will still have
> your funds.
> Best regards,
> Trevor Lusty
> Ireland
>
>
>
>
>
--
Roque
Attika A54 117
Paraty - Brazil
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It depends on which country and which broker. You did not state.
I am aware of one European broker who kept the 10,000 € deposit buyer's deposit when the buyer refused to close because of the surveyor's findings.
As far as I am concerned, the Purchase Agreement terms used in an Offer are ALWAYS at the Buyers discretion. Some brokers and some sellers may not like that, but it is YOUR OFFER & YOUR MONEY.
Bill | CW Bill Rouse Amel Owners Yacht School | | | 720 Winnie, Galveston Island, Texas 77550 | |
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toggle quoted message
Show quoted text
On Mon, Jan 30, 2023 at 9:36 AM Malcolm Matalka < mmatalka@...> wrote: Haha it was a typo! I do not feel that I am being scammed!
Malcon
You said: “ I do believe I am being scammed by the broker”
Unless this was a typo and you meant “do not”, I would just look for another broker, one I would have good info about and reasons to consider him/she a good profissional.
Roque Em seg., 30 de jan. de 2023 às 12:11, Malcolm Matalka < mmatalka@...> escreveu: Hello everyone, I have a follow-up question. Purchasing this boat
is still on-going, and I would like to confirm what the broker is
proposing because I do not know:
They say that once the bill of sale has been signed by all
parties, I should transfer the full amount of the boat over to the
owner.
I would like to break the purchase up into two transactions: half
once bill of sale is signed, and the other half after I have
received the Certificate of Registry or the Certificate of
Withdrawal. I have been told by others not to complete a purchase
without those due to horror stories of everything getting signed
and never receiving the certificate and the broker going to sell
the boat to someone else.
I am told this is unusual receiving some pressure. Additionally,
they don't really want to write a concrete contract beyond a bill
of sale. They seem to think that is a sufficiently specific
contract.
Does anyone here have any thoughts? Advice? I think the Bill of
Sale is valid as a contract, so if they did try to scam me, I
would have legal grounds to do that, but that doesn't mean I'm
going to get any money back even if I were to be on the right side
of the law.
To be clear, I do believe I am being scammed by the broker, but I
would like to do things as safely as I can.
"Trevor Lusty" <trevlusty@...> writes:
> Malcolm,
> Is very exciting buying a boat, but your first is
> really special and good luck with it.
>
> Better to have a contract written in your country of domicile.
> Conduct your purchase in currency preferred and favourable to
> you. Most
> importantly of all, have a your agreement ensure that your cash
> transfers against clear title of your new boat, the usual
> process is to an
> escrow account, and finally be certain that you can reverse out
> with your cash if the music stops.
> Anything is possible but you need a willing buyer and a willing
> seller. Mark's example is a brilliant example of everyone being
> on the same
> page.
> Remember, they built a lot more than one boat, if this one
> doesn't work out, there will be another and you will still have
> your funds.
> Best regards,
> Trevor Lusty
> Ireland
>
>
>
>
>
-- Roque Attika A54 117 Paraty - Brazil
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|
Haha it was a typo! I do not feel that I am being scammed!
toggle quoted message
Show quoted text
Malcon
You said: “ I do believe I am being scammed by the broker”
Unless this was a typo and you meant “do not”, I would just look for another broker, one I would have good info about and reasons to consider him/she a good profissional.
Roque Em seg., 30 de jan. de 2023 às 12:11, Malcolm Matalka < mmatalka@...> escreveu: Hello everyone, I have a follow-up question. Purchasing this boat
is still on-going, and I would like to confirm what the broker is
proposing because I do not know:
They say that once the bill of sale has been signed by all
parties, I should transfer the full amount of the boat over to the
owner.
I would like to break the purchase up into two transactions: half
once bill of sale is signed, and the other half after I have
received the Certificate of Registry or the Certificate of
Withdrawal. I have been told by others not to complete a purchase
without those due to horror stories of everything getting signed
and never receiving the certificate and the broker going to sell
the boat to someone else.
I am told this is unusual receiving some pressure. Additionally,
they don't really want to write a concrete contract beyond a bill
of sale. They seem to think that is a sufficiently specific
contract.
Does anyone here have any thoughts? Advice? I think the Bill of
Sale is valid as a contract, so if they did try to scam me, I
would have legal grounds to do that, but that doesn't mean I'm
going to get any money back even if I were to be on the right side
of the law.
To be clear, I do believe I am being scammed by the broker, but I
would like to do things as safely as I can.
"Trevor Lusty" <trevlusty@...> writes:
> Malcolm,
> Is very exciting buying a boat, but your first is
> really special and good luck with it.
>
> Better to have a contract written in your country of domicile.
> Conduct your purchase in currency preferred and favourable to
> you. Most
> importantly of all, have a your agreement ensure that your cash
> transfers against clear title of your new boat, the usual
> process is to an
> escrow account, and finally be certain that you can reverse out
> with your cash if the music stops.
> Anything is possible but you need a willing buyer and a willing
> seller. Mark's example is a brilliant example of everyone being
> on the same
> page.
> Remember, they built a lot more than one boat, if this one
> doesn't work out, there will be another and you will still have
> your funds.
> Best regards,
> Trevor Lusty
> Ireland
>
>
>
>
>
-- Roque Attika A54 117 Paraty - Brazil
|
|

Roque
Malcon
You said: “ I do believe I am being scammed by the broker”
Unless this was a typo and you meant “do not”, I would just look for another broker, one I would have good info about and reasons to consider him/she a good profissional.
Roque Em seg., 30 de jan. de 2023 às 12:11, Malcolm Matalka < mmatalka@...> escreveu:
toggle quoted message
Show quoted text
Hello everyone, I have a follow-up question. Purchasing this boat
is still on-going, and I would like to confirm what the broker is
proposing because I do not know:
They say that once the bill of sale has been signed by all
parties, I should transfer the full amount of the boat over to the
owner.
I would like to break the purchase up into two transactions: half
once bill of sale is signed, and the other half after I have
received the Certificate of Registry or the Certificate of
Withdrawal. I have been told by others not to complete a purchase
without those due to horror stories of everything getting signed
and never receiving the certificate and the broker going to sell
the boat to someone else.
I am told this is unusual receiving some pressure. Additionally,
they don't really want to write a concrete contract beyond a bill
of sale. They seem to think that is a sufficiently specific
contract.
Does anyone here have any thoughts? Advice? I think the Bill of
Sale is valid as a contract, so if they did try to scam me, I
would have legal grounds to do that, but that doesn't mean I'm
going to get any money back even if I were to be on the right side
of the law.
To be clear, I do believe I am being scammed by the broker, but I
would like to do things as safely as I can.
"Trevor Lusty" <trevlusty@...> writes:
> Malcolm,
> Is very exciting buying a boat, but your first is
> really special and good luck with it.
>
> Better to have a contract written in your country of domicile.
> Conduct your purchase in currency preferred and favourable to
> you. Most
> importantly of all, have a your agreement ensure that your cash
> transfers against clear title of your new boat, the usual
> process is to an
> escrow account, and finally be certain that you can reverse out
> with your cash if the music stops.
> Anything is possible but you need a willing buyer and a willing
> seller. Mark's example is a brilliant example of everyone being
> on the same
> page.
> Remember, they built a lot more than one boat, if this one
> doesn't work out, there will be another and you will still have
> your funds.
> Best regards,
> Trevor Lusty
> Ireland
>
>
>
>
>
-- Roque Attika A54 117 Paraty - Brazil
|
|
Hello everyone, I have a follow-up question. Purchasing this boat is still on-going, and I would like to confirm what the broker is proposing because I do not know:
They say that once the bill of sale has been signed by all parties, I should transfer the full amount of the boat over to the owner.
I would like to break the purchase up into two transactions: half once bill of sale is signed, and the other half after I have received the Certificate of Registry or the Certificate of Withdrawal. I have been told by others not to complete a purchase without those due to horror stories of everything getting signed and never receiving the certificate and the broker going to sell the boat to someone else.
I am told this is unusual receiving some pressure. Additionally, they don't really want to write a concrete contract beyond a bill of sale. They seem to think that is a sufficiently specific contract.
Does anyone here have any thoughts? Advice? I think the Bill of Sale is valid as a contract, so if they did try to scam me, I would have legal grounds to do that, but that doesn't mean I'm going to get any money back even if I were to be on the right side of the law.
To be clear, I do believe I am being scammed by the broker, but I would like to do things as safely as I can.
"Trevor Lusty" <trevlusty@...> writes:
toggle quoted message
Show quoted text
Malcolm, Is very exciting buying a boat, but your first is really special and good luck with it.
Better to have a contract written in your country of domicile. Conduct your purchase in currency preferred and favourable to you. Most importantly of all, have a your agreement ensure that your cash transfers against clear title of your new boat, the usual process is to an escrow account, and finally be certain that you can reverse out with your cash if the music stops. Anything is possible but you need a willing buyer and a willing seller. Mark's example is a brilliant example of everyone being on the same page. Remember, they built a lot more than one boat, if this one doesn't work out, there will be another and you will still have your funds. Best regards, Trevor Lusty Ireland
|
|
Malcolm, Is very exciting buying a boat, but your first is really special and good luck with it.
Better to have a contract written in your country of domicile. Conduct your purchase in currency preferred and favourable to you. Most importantly of all, have a your agreement ensure that your cash transfers against clear title of your new boat, the usual process is to an escrow account, and finally be certain that you can reverse out with your cash if the music stops. Anything is possible but you need a willing buyer and a willing seller. Mark's example is a brilliant example of everyone being on the same page. Remember, they built a lot more than one boat, if this one doesn't work out, there will be another and you will still have your funds. Best regards, Trevor Lusty Ireland
|
|
Thank you, everyone, for the responses and help! This forum is great! I've reached out to some brokers to get some information on the purchase services they provide. Given that it's my first boat purchase, it's probably best I get as much professional help as I can.
I hope everyone has a great holiday season.
/Malcolm
"Mark Erdos" <mcerdos@...> writes:
toggle quoted message
Show quoted text
Malcolm, You should have an escrow account.
I don’t think I would ever consider selling or buying an expensive item internationally without an escrow account to protect both the buyer and seller. https://www.investopedia.com/terms/e/escrow.asp
While I realize that many boats are sold privately without issue, when things go sideways it can get really expensive really quickly. The sideways part should very much concern you. IMO you don’t need a broker who “knows” Amels since you have already settled on the vessel and agreed to purchase. You need a person to protect you in the transaction. A lot of money is at risk. And, since you are asking questions (good for you for doing so), you need processional help you complete the transaction without risk. There are lawyers, agencies and brokers who will do this for a nominal fee. Another option is to finance the boat (and then quickly pay it off). No finance institution in the world is going to transfer funds unless they are 100% certain they are getting a clear title to the boat. In our case, our vessel was purchased in the USA from a Canadian owned a Turks and Caicos limited corporation to an American/British owned BVI limited corporation. We had an attorney read all the paperwork and provide an opinion letter for a minimal fee. Bank of America served as the agent for us and the broker had an escrow account to protect the seller. With best regards,
Mark
Skipper
Sailing Vessel - Cream Puff - SM2K - #275
Currently cruising - Tahiti, French Polynesia
www.creampuff.us
On 12/22/2022 10:56 PM, Malcolm Matalka wrote:
Hello! This is not an Amel specific question, but I'm buying an Amel Sharki (Hull 89). The boat is in Martinique, the owner is in France, and I am in Netherlands, and we're looking for the best way to do the actual purchase process. This is the first boat I am purchasing so I don't know what exactly needs to happen. The owner is considering talking to a broker for the transaction, but I'd like to avoid the extra cost, if possible. We are at the purchase step, I've done the survey and I'm happy with the results, so it's just handling the handover of ownership and sending the money, does anyone have any suggestions for the best way to do this? Are there standard contracts we can just use (preferably in English and French)? Thank you! /Malcolm
|
|

Mark Erdos
Malcolm,
You should have an escrow account.
I don’t think I would ever consider selling or
buying an
expensive item internationally without an escrow account to
protect both the buyer
and seller. https://www.investopedia.com/terms/e/escrow.asp
While I realize that many boats are sold
privately without
issue, when things go sideways it can get really expensive really
quickly. The
sideways part should very much concern you.
IMO you don’t need a broker who “knows” Amels
since you have
already settled on the vessel and agreed to purchase. You need a
person to
protect you in the transaction. A lot of money is at risk. And,
since you are
asking questions (good for you for doing so), you need
processional help you complete the transaction without
risk.
There are lawyers, agencies and brokers who
will do this for a nominal
fee.
Another option is to finance the boat (and then
quickly pay
it off). No finance institution in the world is going to transfer
funds unless
they are 100% certain they are getting a clear title to the boat.
In our case, our vessel was purchased in the
USA from a
Canadian owned a Turks and Caicos limited corporation to an
American/British owned BVI limited corporation. We had an attorney
read all the
paperwork and provide an opinion letter for a minimal fee. Bank of
America served
as the agent for us and the broker had an escrow account to
protect the seller.
With best
regards,
Mark
Skipper
Sailing Vessel -
Cream Puff - SM2K - #275
Currently
cruising - Tahiti, French Polynesia
www.creampuff.us
On 12/22/2022 10:56 PM, Malcolm Matalka
wrote:
toggle quoted message
Show quoted text
Hello!
This is not an Amel specific question, but I'm buying an Amel
Sharki (Hull 89). The boat is in Martinique, the owner is in
France, and I am in Netherlands, and we're looking for the best
way to do the actual purchase process. This is the first boat I
am purchasing so I don't know what exactly needs to happen. The
owner is considering talking to a broker for the transaction, but
I'd like to avoid the extra cost, if possible.
We are at the purchase step, I've done the survey and I'm happy
with the results, so it's just handling the handover of ownership
and sending the money, does anyone have any suggestions for the
best way to do this? Are there standard contracts we can just use
(preferably in English and French)?
Thank you!
/Malcolm
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And, you will find Stephanie on my website, but also on my website is a recommended surveyor in Martinique, Pierre CORRIVEAUD: | CW Bill Rouse Amel Owners Yacht School | | | 720 Winnie, Galveston Island, Texas 77550 | |
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I would second the recommendation of Stephanie Dupland of Caribbean Yacht in Martinique. She is hard-working and knows Amels.
Bill Kinney SM160 Harmonie Le Marin, Martinique http://www.cruisingconsulting.com
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I would second the recommendation of Stephanie Dupland of Caribbean Yacht in Martinique. She is hard-working and knows Amels. Bill KinneySM160 HarmonieLe Marin, Martiniquehttp://www.cruisingconsulting.com
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Giorgio Ardrizzi
Hi Malcom you could seek advice from a broker in Martinique only for the transfer of ownership practices. In this way you will have at your disposal a professional accustomed to selling boats to foreigners both from the EU and from the rest of the world. I can recommend you Stephanie Dupland of Caribean Yacht who by the way, is specializes in Amel yachts. Her email is stephanie@.... Another serious broker in Le Marin is A&C Yacht Brokers contact@...
Good luck!
Giorgio Ardrizzi Saudade III - Sharki #1 1980 Actually in Le Marin Martinique
Il Ven 23 Dic 2022, 04:59 Malcolm Matalka < mmatalka@...> ha scritto: Hello!
This is not an Amel specific question, but I'm buying an Amel
Sharki (Hull 89). The boat is in Martinique, the owner is in
France, and I am in Netherlands, and we're looking for the best
way to do the actual purchase process. This is the first boat I
am purchasing so I don't know what exactly needs to happen. The
owner is considering talking to a broker for the transaction, but
I'd like to avoid the extra cost, if possible.
We are at the purchase step, I've done the survey and I'm happy
with the results, so it's just handling the handover of ownership
and sending the money, does anyone have any suggestions for the
best way to do this? Are there standard contracts we can just use
(preferably in English and French)?
Thank you!
/Malcolm
|
|
Malcom, I don’t know enough about European law and practice to give you specific advice, but do have several thoughts that might be helpful. First, this forum hosted a presentation by Joel Potter on buying and selling boats that you will find very informative. While it was focused a bit on the American procedures, there was much information presented on issues forEuropean sales as well. You can find it recorded here: https://youtu.be/AiFLSZQGaIM
In the usual way of doing things the seller pays the broker’s fee, however I do realize that in the real world this can reduce the seller’s room to negotiate. If you and the seller have already been in contact, and have reached an agreement on the deal, it is quite possible that a deal can be negotiated with a broker at a lower cost just to expedite the process since they will not have any marketing expenses involved. Having a local professional involved can make things flow a lot smoother, especially if both buyer and seller are not locals, and doubly so if there are language issues that need to be bridged. I have only met one local broker in Martinique, and her English is excellent. I am not sure about her Dutch!
Selling a boat is one of those things that can go very easily and simply. I have sold boats privately without issue. Things can also go quite sideways if there are unusual situations that come up.
Good luck with it! Bill Kinney SM160 Harmonie Le Marin, Martinique http://www.cruisingconsulting.com
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