Miami Beach, FL asked in Contracts for Florida

Q: Is a broker required to present any and all offers to purchase a yacht to the seller client?

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2 Lawyer Answers

Charles M. Baron

Answered
  • Hollywood, FL
  • Licensed in Florida

A: Generally yes, but what the broker is obligated to do (and what he/she is liable for if an obligation is breached) should be set forth in the brokerage agreement. Most of his/her obligations are found there, rather than in the law. Research would have to be conducted to determine if there is a provision in the law that would apply (independent of general contract law), but my guess is that there isn't. We're talking about an area of the law which presumes that the parties have a certain level of sophistication in their contract bargaining and formation, and therefore not subject to a whole lot of consumer protection laws/rules. However, the broker should of course be licensed by the State and would therefore be under the regulation of the Florida Dept. of Business and Professional Regulation. That department possibly may be able to give some guidance, though not legal advice.

Tim Akpinar agrees with this answer

Tim Akpinar

Answered

A: In the marine brokerage industry, it generally becomes a matter of brokers presenting all reasonable offers to the seller. Brokers often use their discretion in not wasting seller's time with offers that are below the range of what they know the seller would realistically consider. Good luck

Tim Akpinar

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