What would you do?

[ahill]

A friend of mine sold his boat to an out of state buyer.
Friend wasn't present when the boat was picked up.
The contract explicitly excluded personal items, and all other things at the dock.
Buyer took aluminum dock stairs, mooring whips, anchors stored off the boat, fish box from friend's other boat and a few other things from his condo dock.
Buyer said those things were part of the sale although excluded by contract.
The broker is on the trail but getting nowhere.
What would you do?

 

[JJB II]

I would send a certified letter to the thief and the broker outlining the things that were taken along with a copy of the sales contract with the clauses highlighted that stated personal property was not a part of the sale. I would make the letter explicit in what you expect to be returned, and the legal action or police report you plan to take if not returned as requested.
Why wasn't the broker there at delivery? They may be liable as well.

 

[ahill]

Similar thoughts.
Also grand larceny across state lines.

 

[reelserious]

Sure sounds like a clear case of larceny. I would just turn the matter over to the police

 

[ElyseM]

if the contract says excluded, forget the broker and hand it over to the police. stolen goods.

 

[VeroWing]

I agree with others that, from what you are saying, items appear to have been stolen by buyer. It also appears that this was a very sloppy arrangement by the seller, or their representative. If I were selling a boat without being present for actual transaction, I would have made certain that someone representing my interests were there, or at very least remove items not included from or next to boat.

Hopefully your friend has witnesses or a videotape showing person actually stealing these items, or else they will probably be out of luck.

 

[Parthery]

Unless the buyer admits he took them, or you have surveillance camera video showing he took them, this is going to quickly degenerate into a he said/she said scenario.

Hope the broker can get it resolved....

 

[ahill]

Buyer has admitted in several emails he took the items.

 

[ahill]

VeroWing,
You are right on.

 

[VeroWing]

Well, since buyer has admitted to taking items, perhaps the threat of police/attorney action will convince them to return/pay for extra items taken. Can't stand dishonest people, and the fact that you must be ready to expect everyone you meet is a thief or worse, until proven otherwise. It didn't use to be that way, what a shame.