Help with well known yacht broker dispute

[jerseyguy]

It has been a dozen years since I was a salesman/broker. But, a lot of people in the business assert that they are Certified Professional Yacht Brokers (CPYB). You can check and see if the salesman or broker use the CPYB logo on their advertising or claim that they are certified brokers. If so, check CPYB code of ethics. You might have a cause of action there.

 

[blusteryone]

My general belief on US civil litigation is: $50k minimum for simple litigation unless (a) it's a slam dunk or (b) the situation is such where the winner recovers legal fees from the loser, making it more attractive to the lawyer. It sounds like in your case you made it very much the opposite from easy: (a) no written contract, (b) no due diligence on the broker, and c) no ongoing monitoring of the situation between the broker and boat owner.

DISCLAIMER*****The foregoing is general informational advice, not specific to any jurisdiction, and your reading of it and/or my provision of it does not form an attorney-client relationship between us. Seek legal advice from a licensed attorney in your area.

this may be THE best legal advice I've ever seen. out of curiosity, @MR.CLEAN what is your area of focus? states?

 

[yachtwork]

One of my friends is telling me to file an online small claim as they have Zoom appearances, no attorney fees and we have a chance at a win. What do you think about that idea?

 

[[email protected]]

what jurisdiction are you considering filing the small claim in?

 

[yachtwork]

what jurisdiction are you considering filing the small claim in?

Jurisdiction is an interesting question. The broker claims he has a license and office in California, but that turns out to be not so true. But for that, I was thinking of Calif because the service would be easy.
Or Philly has super high small claims values because they claim corporate headquarters in Philly, but that does not turn out to be so true.
Or Florida because they have Fl licenses and that is where the brokerage deal was closed.
Or all three?
What do you think?

 

[Team Subterfuge]

DISCLAIMER*****The following is general informational advice, not specific to any jurisdiction, and your reading of it and/or my provision of it does not form an attorney-client relationship between us. Seek legal advice from a licensed attorney in your area.

You might want to consider filing a small claims action. It is unclear which courts have jurisdiction to hear the matter but the FL small claims limits appear to be $8,000 while the PA limit appears to be is $12,000. Selection of a the jurisdiction might also affect probablity of success, including whether the the defendant even shows up, which you might want to discuss with an attorney.

You do not have to hire an attorney to represent you at trial; however, it may be a good idea for you to consult an attorney as soon as possible to learn how to present your case at trial. Your local court or voluntary bar association may offer a free class with information about the small claims process.

Small Claims: The Who, What, Where and Why of Collection Lawsuits​

 

[MauiPunter]

DISCLAIMER*****The following is general informational advice, not specific to any jurisdiction, and your reading of it and/or my provision of it does not form an attorney-client relationship between us. Seek legal advice from a licensed attorney in your area.

You might want to consider filing a small claims action. It is unclear which courts have jurisdiction to hear the matter but the FL small claims limits appear to be $8,000 while the PA limit appears to be is $12,000. Selection of a the jurisdiction might also affect probablity of success, including whether the the defendant even shows up, which you might want to discuss with an attorney.

You do not have to hire an attorney to represent you at trial; however, it may be a good idea for you to consult an attorney as soon as possible to learn how to present your case at trial. Your local court or voluntary bar association may offer a free class with information about the small claims process.

Small Claims: The Who, What, Where and Why of Collection Lawsuits​

Isn't it important to file in a state where the person you are suing has assets.

 

[IPLore]

One of my friends is telling me to file an online small claim as they have Zoom appearances, no attorney fees and we have a chance at a win. What do you think about that idea?

What is your claim? Specifically what is the legal basis for your claim?

 

[Team Subterfuge]

Isn't it important to file in a state where the person you are suing has assets.

DISCLAIMER*****The following is general informational advice, not specific to any jurisdiction, and your reading of it and/or my provision of it does not form an attorney-client relationship between us. Seek legal advice from a licensed attorney in your area.

I have been told that a judgment in one state can be enforced in another state - though there are some procedural formalities.

How To Collect Judgments Across State Lines​

https://jbmartinlaw.com › how-to-collect-judgments-acr...



Under the Pennsylvania Statute, Pennsylvania courts are required to give full faith and credit to a judgment obtained in another state so long as a formal ...

 

[LB 15]

Sounds like a cluster fuck. Walk away as the mental toll shit like this places you under is far greater than the financial.
But think of some other way to fuck with the cunt for fun...

 

[blusteryone]

But think of some other way to fuck with the cunt for fun...

interesting thought, where are these people now doing business? I've seen on some vehicle forums for short supply vehicles (bronco, EVs, etc) that when a dealer acts unscrupulously, the crowd bombards their google ratings with 1 star reviews and comments about how they F--d with someone.... Only when the said dealer backs down and capitulates do the reviews get deleted or edited to be favorable..

 

[CruiserJim]

Are you a licensed yacht broker/salesman? I know nothing of FL governing such and am not a lawyer, but generally in the investment/insurance world, commission splits are permissible only with other appropriately licensed individuals. IOW, your arrangement with the broker may not have been permissible in the first place, depending on applicable law. If not legally permissible, you can’t go to court to enforce it.

 

[Peter Andersen]

out of curiosity, @MR.CLEAN what is your area of focus? states?

Now this is fucking funny!!!!

 

[Grande Mastere Dreade]

walk away, it's not like you lost money out of your pocket... all you lost is the potential of new money coming in... why you stuck at it for 6 years is a mystery...
if you like, call the new buyer and tell him to beware that the broker is shady, and leave it at that no need to piss on the new owners shiny new toy.

 

[jesposito]

It will cost you $1500-2500 to have a competent lawyer review the documents, have a consultation with you, and give you a summary of your options. You might be able to get a demand letter written inside that budget too. It will likely fail.

Any deeper and the meter will be running. If you have to litigate and you don't have a lawyer in the family or close friend group, no way would $19k be enough to justify it. My general belief on US civil litigation is: $50k minimum for simple litigation unless (a) it's a slam dunk or (b) the situation is such where the winner recovers legal fees from the loser, making it more attractive to the lawyer. It sounds like in your case you made it very much the opposite from easy: (a) no written contract, (b) no due diligence on the broker, and c) no ongoing monitoring of the situation between the broker and boat owner.

DISCLAIMER*****The foregoing is general informational advice, not specific to any jurisdiction, and your reading of it and/or my provision of it does not form an attorney-client relationship between us. Seek legal advice from a licensed attorney in your area.

I'm glad you said competent

 

[yachtwork]

Hello all- thank you for the advice. I thought a lot about what you all said and I think the general consensus is correct that the chase is not worth the effort. In the end, what I did was make up a short playlist of the worst things that the brokerage seems to be doing. If anyone is interested they can see what was going on here-

 

[billy backstay]

My humble opinion? Move on and put this behind you; chalk it up to experience, a learning moment. You have obviously spent many, many hours working on a plan to be made whole, but it's not likely to happen. Good luck with your future ventures!!
.

 

[Rasputin22]

Phil Berman wrote the book (actually 3 of them) about catamaran racing and he will be the first to tell you...

 

[Greyhound37]

I only read the original post
I am a broker. Opinion
6 years??? So the broker had the central agency, was fired then sold the boat involving 2 agents?
Brokers pay captains fees all the time. Very routine especially on boats over 100'. We need them. The time line is the weak link here

 

[Peter Andersen]

Hello all- thank you for the advice. I thought a lot about what you all said and I think the general consensus is correct that the chase is not worth the effort. In the end, what I did was make up a short playlist of the worst things that the brokerage seems to be doing. If anyone is interested they can see what was going on here-

this is hilarious the guy made 9 videos like this. it does appear TMC is scum