I never heard of Obey before this thread, I'm from a different part of the country . Olderboater Gives great advice. I would only add hire 1 attorney who practices in the county where , in this case, Obey's business resides, he would have at the very least be apprised of all the previous fillings and settlements at the county courthouse. It's the uninformed ,guys like Obey set there sights on. Thanks you to all the posters in this YF thread, Ill never buy a boat from Obey. It's sad as I type this someone is probably signing there name on the bottom line for there dream boat and are going to get shafted.
Just a cautionary warning that with the economic conditions we're about to face and the tough times for the industry, there will be more of this and some of dealers and builders declaring bankruptcy while holding customers' funds. Be extra careful.
just to understand... Was he acting as a dealer selling a boat he owned from his own inventory or was he a broker selling somebody else boat?
Yep. And, depending on where you are the judicial system may only be running on 3 out of 8 cylinders. Mr. Obey bought himself a lot of time with all the court cases against him. Someone(s) ought to put together some sort of sting in his honor..... He's greedy. That's a major vulnerability.
Oh, they're still filing back and forth and a hearing on April 30 on Sunseeker USA's motion to dismiss.
Even if FL is opened for business on the thirtieth I'd bet one of the parties to the suit asks for a continuance. Maybe the court staff will stay home. If the hearing happens I hope Ron Hurtibise is there and reports the action if any. (Sun Sentinel Reporter)
No. I did not give him a deposit or sign the contract. We were waiting on oil samples to come back. I left on a handshake with the understanding that if the samples came back clean, we would see trial, survey and purchase
Given the oil samples we're most likely talking about a used boat, and it is probably owned by someone and just listed by Obey. Well, without a deposit and signed purchase agreement/contract, there is no deal. I wouldn't hold a $10 13' boat for anyone I didn't know, without a deposit, but I also would tell them that.
In all due respect , I'm surprised you even got to do oil samples with out a signed agreement and a deposit.
well as much as I like a handshake that s not how it works. Who paid for the oil analysis? normally you make an offer in writing subject to sea trial and survey (incl oil) with a small deposit. If offer is accepted you give the rest of the customary 10%. At that point the seller isn’t allowed to sell the vessel to somebody else. After seatrial and survey you accept the vessel (or negotiate adjustment or repairs) and are obliged to close by date in contract. I don’t quite understand why d want to do an oil analysis before making an offer and signing contract
Yeah. You had no contract and you had little intent without earnest money. If Rick was selling my boat I would have told him to move on to the guy who is willing to put a deposit. And btw that deposit is contractually not at risk. If samples are bad you get it back.
I disagree. I would have sued Rick or any broker if they had a boat not under contract and didn't accept a legit offer. Why the poster wanted to do oil samples without putting up a refundable deposit is puzzling. There are so many tire kickers out there, if you are serious, then put up a deposit. And in most cases that would be with your broker and in his trust account.
I misunderstood, I guess. I think Captgary is the buyer that got " screwed" because someone offerd more money on a boat Captgary was interested in. That being the case, he is fortunate to be able to cut ties before he deposited money to someone who has a pretty questionable business reputation. Find a good broker to work for/with you. Where is Judy........
Are you kidding me or just that dam lucky. There is no deal without a deposit and contract. Played, diddled but no, he did not screw you. Probably would call you back if nobody else wanted the boat. OTOH, if you did leave a deposit, He probably would of screwed you then,, anyway. Would be interesting how the next guy feels today? Feel lucky, Stay blessed and work with a reputable broker next time. When in doubt, ask YF before you do anything. Input from all over the world and the best broker support, period...
For sure acquire a buyer's broker first. It would be nice if buyers put their seller hat on too. No one is sampling my engine oil without an offer. Right, some dude or dudette in my engine room mucking about without an offer. Please. That just is a nonstarter. DanvilleTim has is right, too many tire kickers out there. Are there too many oil samplers too?
This discussion is useless as we still don’t know if obey was the broker or selling a boat from his inventory.
From my reading they've completely muddied the water with new order deposits and warranty payments owed. It's a safe bet that the boats won't be delivered, forensic accountants and lawyers will have a steady income stream for a long time to come. I expect to hear the word "conversion" quite a bit.