Waterkampioen watersport magazine

Sale through broker.

Ms. Vierkant puts her Almtrawler up for sale with a yacht broker. The broker informs her that there is interest. The prospective buyer inspects the vessel himself and makes a trial run.

Mrs. Vierkant is asked on behalf of the prospective buyer if the stern and bow thruster are good. The broker tells Mrs. Vierkant that if she immediately agrees to any repairs, the prospective buyer will sign the contract and the sale is complete. Mrs. Vierkant wants time to think about it, but the broker insists that she make a commitment.

No sooner said than done, Mrs. Vierkant opens a bottle of champagne to the successful sale. Some time later, the buyer has still not signed. Mrs. Vierkant wants to see a signed purchase agreement. The sales agreement is drawn up and signed by the broker without informing Mrs. Vierkant of its contents. The agreement states that the vessel is accepted ‘in the visible condition in which it was upon inspection, trial and testing carried out by the buyer.’ Delivery included ‘repair of bow and stern thruster’. Shortly thereafter, Square contacts the broker. He reports that the prospective buyer has not heard anything after the conclusion of the contract, nor has he had a check on the bow and stern thruster. Mrs. Square is now getting nervous. She receives the signed purchase agreement over three weeks after entering into the agreement after repeated requests.

To Vierkant’s great surprise, under ‘repair of bow and stern thruster’ it was written in pen ‘after the buyer’s approval’. This is a passage that is completely new to her. The prospective buyer appears to have decided against the purchase. Square sends him a notice of default. In the following week, she calls the real estate agent numerous times requesting to receive the buyer’s cancellation letter. Finally, after a week, Vierkant receives this letter and “coincidentally” it is dated the same day as the date the buyer received Vierkant’s notice of default. The cancellation states that there would be hidden defects, but makes no reference to the fact that bow and stern thrusters would not work properly.

Vierkant cannot accept this state of affairs and visits Mr. Hommersom. He writes to the buyer, who responds by saying that the words written in pen are a resolutive condition and that the client is therefore allowed to cancel. In the legal proceedings to recover the fine, the story suddenly emerges that after the first trial run, there was a second trial run. Mrs Square does not know anything about this! To her surprise, the buyer shows a statement from the broker in which he takes the side of the buyer. The broker has placed the addition without consulting Ms Square. This agreement made by the broker with the buyer, without Vierkant’s knowledge, is extremely curious. Mr. Hommersom therefore argues that the buyer’s earlier signing of the agreement is thus worthless. After all, the buyer can walk away from the agreement at any time because it is up to him to determine whether he is satisfied with the screws. Square has another expert examination done which shows that the screws function more than properly.

During the hearing at the judge’s office, it appears that the broker made further agreements outside of Vierkant. Although the judge finds the agreements as explained by the buyer questionable, he also concludes that the broker acted as a representative and that everything he promised the buyer is for the account and risk of Vierkant. On the other hand, the judge concludes that the agreement was indeed signed and that the main rule is that an agreement must be fulfilled. The parties subsequently reach a settlement.

Tip: Always maintain control and never let the real estate agent enter into an agreement with an opposing party without you having read the draft agreement. Also, always check to see if any agreements were made outside of the contract. Only deal with a broker who uses a third-party account.

More information or download old articles: https://www.anwb.nl/kampioen/algemeen/digitaal-archief

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Frits Hommersom met groene bril

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