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Buyers Trapped in Feud with Sunseeker...

Discussion in 'Sunseeker Yacht' started by YachtForums, Jul 29, 2019.

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  1. olderboater

    olderboater Senior Member

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    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.
  2. amgscrap

    amgscrap Member

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    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.
  3. olderboater

    olderboater Senior Member

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    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.
  4. amgscrap

    amgscrap Member

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    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.
  5. German Yachting

    German Yachting Senior Member

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    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).
  6. olderboater

    olderboater Senior Member

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    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.
  7. gr8trn

    gr8trn Senior Member

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    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.
  8. gr8trn

    gr8trn Senior Member

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    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.
  9. olderboater

    olderboater Senior Member

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    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.
  10. gr8trn

    gr8trn Senior Member

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    Small world no doubt.
  11. WiserTime

    WiserTime New Member

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    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.