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LawTalk, Attorney
Category: Legal
Satisfied Customers: 37639
Experience:  I am a practicing attorney with more than 3 decades of experience in the legal field.
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I sold my boat through a brokerage last week. After the new

Customer Question

I sold my boat through a brokerage last week. After the new owner took delivery he experienced some mechanical problems 10 minutes away from the dock. The brokerage is holding the funds from the sale in escrow beyond 10 days so the new owner can investigate mechanical issues. The boat was sold "as is" and new owner was given time for inspections before delivery. Washington State.
Is the brokerage in violation of the contract by holding funds?
Submitted: 11 months ago.
Category: Legal
Expert:  LawTalk replied 11 months ago.

Good morning Dave,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

If you have a contract with the brokerage that mandates that they hold the funds from sale no longer than 10 days, and they are holding the funds beyond that time, then yes, they are in breach of contract. The fact that the boat was sold as is, should have eliminated any of these issues and I wonder what the excuse of the brokerage might be as to their refusal to disburse the funds.

You will need to look carefully at the contract to determine whether there are any exceptions which would allow them to hold the funds for a longer period of time.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,


Expert:  LawTalk replied 11 months ago.

Good evening Dave,

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,