Modern Yachts

Review: I purchased a used brokerage boat from this dealer and left a ten thousand dollar deposit. at time of contract told them I was obtaining financing.consequently was not able to obtain financing to complete purchase. I agreed in writing to pay for launching boat into water for inspection as per their bill $280.00 when I called and told them I was not able to secure financing we argued about them charging any other charges to me now they send me bills and are stating I did not require financing on my contract in writing they were told at time of purchase financing was required in order to make this purchase. what they are doing is very unfair I want my deposit returned.Desired Settlement: retain 280.00 as agreed and return my deposit now.

Business

Response:

I have reviewed the subject sales agreement, and the facts of the sale with the sales person, [redacted], and our [redacted]. The sales agreement, signed by [redacted] clearly outlines the following terms of sale which initiated the subsequent events:

1. The only "subject to" is for a satisfactory survey, as per sales agreement dated 8/**/2013

2. Under options to be added the words Re-Launch and Re-Commission for survey appear. [redacted] was aware that the subject boat had not been re-launched in 2013 after winter storage of 2012/2013. He was aware that the boat's systems and engines had to be re-commissioned to complete the survey, and that the boat had to be put in the water with our Travelift, the engines run up and prepped for the water and water tested, the boat's fresh water and salt water systems had to be purged of antifreeze, refilled and tested, and the marine sanitation system had to be de-winterized and purged of antifreeze. All this was necessary in order to have a marine survey completed as per [redacted]'s instructions.

3. [redacted] stated that he had financing in place to complete the purchase. When financing is an issue it is our practice to indicate that fact on the contract. [redacted] was obtaining his financing on his own, and never asked for or gave us the opportunity to assist him in obtaining his financing. Had we thought the financing was an issue we would have delayed the boat's preparation work until we confirmed financing. [redacted] wanted to complete the purchase quickly as indicated by his push to get the re-launch and surveyor as quickly as possible. There was never a discussion that [redacted]’s only obligation was for the re-launch of the boat.

4. [redacted] ordered a marine survey from [redacted], a well know professional [redacted]. A work order was hand written on 8/**/2013 for our service department to prepare the boat for survey. [redacted] inspected the boat on land on 9/*/2013, did his hull and underwater machinery part of the survey and was to come back 24-48 hours later to complete the system and running part of the survey after we had prepared and launched the boat. [redacted] contacted [redacted] while the surveyor was en route to our [redacted] in Hampton Bays for the water part of the survey, and instructed [redacted] to stop the survey. [redacted] immediately contacted us to advise us that as per [redacted]’s instructions he was not coming to run the boat and complete the survey.

5. [redacted] did not contact us to cancel the sale, and did not respond to phone calls made by [redacted] on 9/*, 9/*, 9/** and 9/** in an attempt to find out the deal status until he sent an email on 9/**/2013 to [redacted]. Our phone calls to him went unanswered until that date.

Therefor our position is that [redacted] is responsible for paying for the work he ordered and knew had to be completed to do the survey he requested. Further the boat had to be removed from the water and blocked back on land when he cancelled the survey since our marina was full and no slip space was available for longer than a day or two.

The signed purchase agreement clearly states that upon failure of the purchaser to complete the purchase the cash deposit may be retained as liquidated damages. We are not asking to retain the full deposit, rather we only want to be paid for the work the purchaser ordered and we completed. As per my letter to [redacted] on October *, 2013 we will promptly return the balance of his deposit after deducting the invoice for the work ordered. The amount to be returned is $7703.97.

Copies of the purchase agreement, our invoice for the work performed and our offer to return the deposit balance are attached.

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because

The problem here is on my purchase agreement it does not state that I will be required to pay these fees nor does it spell out any costs.