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Honestly, not a whole heap in the marina ... some but not a whole heap. I'm told that mixing the wind generator with solar makes both work better. We've not really done any cruising since the wind generator has been installed so it's hard to gauge just what it will add.

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Definitely a slippery boat, think I know a guy who raced to...Noumea? on her and was impressed. Well done.

Caught up with him over the weekend - it was the Noumea race and then the race from there on to Vanuatu. He said they did the 320nm to Vanuatu in 29 hours - second on line and first on corrected time. 25 knot trade winds, too shy to carry kites and the schooner said "thank you very much".

 

All with a very high level of crew comfort too, he said.

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Stop it - you're breaking my heart.

 

When we went to Opua we struck a deal with the current owners and shook hands. Then he took it to his lawyer to draft it up. Then on Fri I get a document back that was a) totally nonsensical B) nothing like the deal we had agreed to. I have replied and I'm awaiting a response, but I am worried that this moron of a f%^$ing lawyer could kill the deal.

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A verbal contract is still a contract, offer and acceptance and all that. The owner still has his marbles I take it?

 

Not often. Must also have consideration (payment) and intention. In legal terms I suspect that what the vendor did amounted to an invitation to treat. Especially as it sounds like more than just agreeing a price is involved. Even if it could be a contract, probably not enforceable if no money has changed hands, its not a commercial contract and the ogre has not relied on it to his detriment. (sorry final law exam in 9 days, can't get out of essay mode)

 

Anyway, sounds like the seller is a really nice guy anyway, probably just wanted to get the whole deal formalised and went to the wrong solicitor. In fairness these can be quite hard to put into legal effect - lots of pitfalls - who insures, who has title and when, who owns it if for some reason payment stops, how do you enforce maintaining the boat to a standard in case of default? All tricky stuff, which is why finance arrangements are usually just a straight out loan. Solicitors usually just dig out a template for standard contracts, so this will be tough!

 

Know any solicitors that draft rent-to-buy agreements for houses? Might be a similar format, not sure. You could just start by sharing ownership and slowly buying him out over time, drafting a new share agreement every year.

 

Hopefully you can just keep hassling the solicitor to make the contract fit, without it all either getting personal or falling through.

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...or the owner might recognise that the contract doesn't reflect what was intended.

 

Seems to happen a bit, two people establish a reasonable relationship and come up with a concept they can both live with, one refers it to their lawyer who seems to think that justifying their fee means going all-out to protect their client's interests to the fullest possible extent, and this is the outcome.

 

Hopefully Draft #2 might be more liveable.

 

The safest path for all parties is doing nothing; doing something always introduces that element of risk...

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Agreed Dan, that would be my call. Speak to the Vendor and check that your verbal agreement is still as it stands and as you both understood it. If so, go to the lawyer together.

 

Lawyers often get briefed poorly by their clients (or fail to take a good brief) and fill in the blanks themselves. Then the parties spend ages trying to unwind the position. Don't go back with suggested amendments. Get together and go and see him.

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Dan - as you'll find out soon enough (if you do indeed intend to practise) - the lawyer is most likely protecting his own carcass, as much as the owner's.

 

It's easy enough for the lawyer to follow the client's wishes, then have it come back and bite in the ass when the client gets annoyed at the lawyer for any one of a million possible reasons.

 

Best case; both visit the lawyer and detail the gentlemen's agreement and come up with a way of covering everyone's concerns and interests. It is almost always possible - it just takes some work.

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Jeeze, bloody lawyers. I have had this kind of experience too. When I wrapped up my business, I had a deal all sorted to sell the assets to a competitor at a good rate, win win deal. Of course I didn't tell the bank, as I wanted to present them with a Fait accomplie. Lawyer gets involved, rings the bank and tells them what I'm up to.. He almost scuttled the whole deal. Idiot, and a Pompous corporate idiot at that....

 

Ogre, I'm sure you'll sort it out. Two willing parties is all it takes....

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Thanks guys. I'll wait and see what they come back with, if necessary I'll have to go back to Opua and nut it out.

I did ask the broker for a blank form that I would fill out but he was reluctant, probably worried about protecting his commission (I understand that one).

Slowly calming down (very slowly).

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Broker? so you are going through a Broker and not directly dealing with Owner? Yeah he may be trying to ensure he doesn't get left stranded on the sand bank with nothing.

The classic Gentlemans Handshake is sadly going the way of the Dodo. The big problem is it becomes a He said, You said, argument in court and Judges don't like that kind of thing any more.

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OK - lawyer circumvented (i had picked the owner as a decent bloke and couldn't understand why he would go back on his word); :D hope to go up to Opua in the next week or two for a sail and complete the transaction :D :D :D :D :D :D :D :D :D :D :D

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