Florida. One of the lawsuits is for fraud. I'm not sure that this would qualify as a fiduciary as Obey's company was the direct party. They are who the buyers were buying from. Sunseeker was their supplier but Sunseeker simply asserts that they had no contract with the buyer. only Obey did, and their only contract was with Obey. With multiple cases filed, it does seem to me the state should have been looking into things for potential criminal charges but the only filings at this point are civil. The thing I find most disconcerting about all of this is that Obey has simply changed the company under which he is operating and another builder has set him up as a dealer. Unfortunately this happens all the time in all business realms. You see businesses close and reopen in the same place doing the same thing. There is nothing to alert the average consumer unless they do a little investigation. I say "a little investigation" as in most cases a bit of googling, a quick look up of court filings and history, will tell you plenty without even doing a deep look. But people don't check and so the perpetrators continue and often repeat the same actions.
I think the conduct of Sunseeker is wrong. They gave Obey a Sunseeker dealership where Sunseeker directed potential buyers in Obey’s territory. You must go through the dealer, Sunseeker won’t deal with you direct. While legally Sunseeker may not be directly liable, morally they are. The amount of dollars involved is a lot less then the damage that will occur to Sunseeker’s reputation.
I don't disagree with your criticism of Sunseeker. However, as to the amount of dollars vs. the damage, the amount of dollars is substantial and would be difficult for Sunseeker and not likely approved by their ownership. It was more than their cash balance at the time. Furthermore, I'm afraid we overestimate the damage to reputation, as business has gone on and other dealers making sales. The consumer seems to forget quickly and most never know. It's unfortunate that reputation seems to mean so little. The average buyer is completely unaware. Sunseeker also was in a legally difficult situation. Can they deliver a boat they sold to Obey to a customer with whom they have no contract? Who do they then attempt to collect from? I think the mistake is having dealers rather than brokers in these situations. Stocking dealers are fine but when it's an ordered boat in this price range, I feel it should be sold by the builder with the "dealer" simply serving as a broker and getting commission.
Agreed. However as far as I know Sunseeker only sells through authorized dealers . Giving a buyer no choice if they want a new Sunseeker. I do agree it would be safer either dealing direct or through a broker.
While many here dislike Marinemax, the one pro with them is that they are a publicly traded company so getting an Azimut through them, they at least have assets to protect the buyer (as well as controls and stockholders to report to if they were using funds such as Obey).
True, as long as they don't declare bankruptcy and I'm not suggesting they are in any danger of doing that as they are in very good financial condition. Just something one should check even with apparently good companies. The pandemic has really boosted their income.
It seems that mattress retailers resemble this remark. I have seen it in the optical high end optician realm. I have seen it in local boat dealers. I have seen it in the LASIK eye surgery game. Like you say, too many consumers don't know what they don't know.
So, who is dealing Sunseeker in the USA now? I will guess Denison or Marinemax but it looks like many regional dealers when on sunseeker dot com, I wonder if the dealers even know that Obey stiffed Sunseeker and Sunseeker would not/could not deliver yachts to buyers? I guess they would have to be diligent.
Oh the dealers know. Nautikos has Miami Dade and Martin Counties (and some of Mexico, the Caribbean, and Central America). Grande goes up the coast, then Strong's on Long Island, Jefferson Beach on the Great Lakes, Sun Country in California.
Quoting “morally wrong.” I’m thinking of Clint Eastwood in Unforgiven and taking some license with his line, but morals have nothing to do with it. It’s litigation now.
Anyone still following this case. Mr Turner has settled with Mr Obey. All charges have been dropped against Mr Obey. Also, it is rumored and confirmed that Mr Turner has actually got his broker's license and is now working for Obey. It was a 4 yr long court battle that never had to happen. On its face the new was Obey stole 4 million from Turner, but there are some interesting facts to that. 1.) There was a trade that Obey actually paid off when it was turned in. Strange you would pay a loan off for a client once the trade is turned in, if you motive was too steal his money. 2.) Once the dealer realized the boat was not going to be released from Sunseeker the Sales Tax paid by Turner to the dealer was retunred, once again, someone is stealing your money, but gave you back your sales tax. 3.) Finally and this is the most important. How was there no money paid towards this vessel, yet it made its way to complettion. Anyone that builds new boats knows there are staged payments that must be made and if they are not, the boat come off the line. So how in the world did this vessel get to the point of completion if Sunseeker never recieved payments from Obey
Sunseeker didn’t claim they never received payments. They claimed they never received full payment. If Obey was on the up and up as you seem to be trying to spin here …where’s the boat? Why did Obey shut down his brokerage and reopen almost immediately under a slightly different name? Or is that more proof that he’s a straight arrow? And FYI when a broker sells a trade-in it has to be paid off in the process. It’s the only way the Buyer is going to get title. So, what’s your point?
Because Obey was one of their largest broker/dealers and had been for a very long time. One of my customers bought one of the Obey boats from Sunseeker that was mostly completed and at a very good price too back in 2018. The problem with Obey was he was using a payment from one person, to pay off another persons boat, and on and on.
LarryG's profile states he's from Palm Beach but the IP is from Belmont, NH. New member, first post, adamantly defending the broker. Wreaks of vested interest.
I like your approach to LarryG's post. In the olden days you would have just killed LarryG's membership. At least, now, your leaving wiggle room for him if he chooses to 'splain. You're getting better with age, Carl!
Under all red flags but the IP address location downs mean much. I m in Miami on Starlink and my IP is showing as Atlanta…
Sorry if my post came across bias, not the intention. Was just giving an update with what I thought was interesting facts. Terrible what happen to customer and I feel both Obey & Sunseeker both own the blame equally. Oh yea, I am a Snowbird see you all back in Palm Beach after the Holidays.