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Bringing a Buyer to a Broker?

Discussion in 'General Yachting Discussion' started by tonymaz, Jul 1, 2010.

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  1. tonymaz

    tonymaz New Member

    Joined:
    Jul 1, 2010
    Messages:
    3
    Location:
    Ft Lauderdale, FL
    Hi Everyone, I am currently employed as the Mate on a yacht that is for sale in FL. I have recently found a previous business partner of mine that is very interested in the purchase of the yacht I work on. Though I am not a Broker I do believe I should be compensated with a portion of the commission of the sale if I have brought the buyer to the table. Since I have no experience in the sale of yachts, I am unsure of what is considered to be the correct way of handling this with our yachts broker. Any and all advice would be welcome. Thanks.
  2. NYCAP123

    NYCAP123 Senior Member

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    Mar 14, 2008
    Messages:
    11,205
    Location:
    Long Island, NY
    Send a PM to JWY and yachbrokerguy. They're both in your area and will be able to give you good advice.
  3. PropBet

    PropBet Senior Member

    Joined:
    Apr 21, 2007
    Messages:
    1,216
    Location:
    Is Everything!
    I've taken several buyers to my broker. While I didn't specifically ask for a cut of the deal, my interest was seeing that my colleagues were well taken care of by an honest broker that went the extra mile, as he has done for me in times past.

    Needless to say, I've never bought a meal or paid for drinks while visiting my brokers town, and every year, I'm well taken care of around the holidays with my favorite cigars and cases of wine.

    I can do math just as he does, and I've certainly gotten the long end of the stick. While smokes, drinks and dinner may not be your flavor, talk to a few brokers as recommended earlier in the thread and ask what protocol is on how to approach the issue with a broker. Judy (JWY) yachtbrokerguy I know are all well respected and should be able to point you in the right direction.
  4. coastaldrifter

    coastaldrifter New Member

    Joined:
    Jun 25, 2010
    Messages:
    5
    Location:
    Clearwater Fl.
    Hello Tony here is an opinion from a maritime lawyer.I hope it helps you out.
    CAN FINDER’S FEES
    BE PAID TO PERSONS
    NOT LICENSED AS BROKERS?
    By Michael Moore of Moore & Company, P.A.
    The Division of Florida Condominiums, Timeshares, and Mobile Homes, Yacht and Ship Section (“the Division”), is the state agency charged with the enforcement of Chapter 326, Florida Statutes, entitled the “Yacht and Ship Brokers’ Act.” Section 326.004(1), F.S., states,
    “A person may not act as a broker or salesperson unless licensed under the Yacht and Ship Brokers’ Act.”
    Question: If a person is not allowed to act as a yacht and ship broker, and that person does not receive a commission on the sale of a brokerage transaction, can that person be paid a “finder’s fee”?
    Section 326.002(1) defines a broker as a person who for or in expecta- tion of compensation; sells, offers, or negotiates to sell; buys, offers, or negotiates to buy; solicits or obtains listings of; or negotiates the purchase, sale, or exchange of, yacht for other persons. The statute is silent in regard to finder’s fees.
    In sum, if there is no evidence to support and allegation that an unli- censed person acted as a “broker” as defined in Section 326.002(1), Florida Statutes, or that a licensed broker permitted the unlicensed per- son to act as a “broker,” the Division will find no violation of Chapter 326, F.S. if that person is paid a “finders fee”.
    Michael T. Moore is an attorney at Moore & Company, P.A. a law firm specializing in maritime, art and aviation law.
  5. NYCAP123

    NYCAP123 Senior Member

    Joined:
    Mar 14, 2008
    Messages:
    11,205
    Location:
    Long Island, NY
    Coastal Drifter, Thank you for the education. I thought I remembered Florida as requiring a broker's license, but didn't know the particulars which is why I referred tonymaz toward where he could get an educated opinion. Good info. Appreciated.:cool:
  6. JWY

    JWY Senior Member

    Joined:
    Feb 22, 2004
    Messages:
    1,513
    Location:
    Ft. Lauderdale
    Brokering: The State of Florida is strict on "brokering without a license." Once you talk about price, you're at risk of brokering. For example, if a crew member on a yacht at FLIBS is giving a tour, and the client asks the price of the boat, the crew member should not quote the price as that may be considered "brokering," offering the boat for sale at a particular price. If that crew member thinks they might get compensated because they showed the boat, then they are brokering and can be fined heavily. The safe way is for the crew member to hand the client a brochure, which of course has the price on it.

    Referral fees, thank you gifts, Xmas presents are all legitimate ways of expressing appreciation. :D

    Judy