I recently made a contract to purchase a Back Cove 29, which, unfortunately, was being brokered by…read moreMassey Yacht Sales & Service employee Jose Torres. Mr. Torres was, in my opinion, not very well versed in the business of yacht brokerage. In addition, I asked him a number of times, and very pointedly, if I could expect, upon closing, to receive a bill of sale signed and notarized by the seller. After some strong language to get a reply, he admitted that I would only get a bill of sale signed by the broker by power of attorney. I found that interchange to be shifty on the part of Mr. Torres - so I pulled out of the contract. I wrote the following to Mr. Ed Massey:
I am having a terrible time with Mr. Torres. At first he would not send me a copy of the pule signed and notariarchase agreement until the deposit was paid; but he overlooked telling me about this requirement until I asked him directly if the seller had signed and if so where was the contract. Now I have had to ask him multiple times about my requirement to eventually receive a bill of sale signed and notarized by the seller. He eventually told me it would come via a power of attorney and not directly from the owner. Mr, Torres informed me further People hire Massey to not deal with the Buyers.
Mr. Torres talks down to me, for example:
Massey is a reputable company with over 40 years in business. We are all licensed and bonded brokers and agents in the State of Florida. In any transaction we serve as Agents to our clients. This is done for our client's protection as well as for your protection.
As such, we have protocols that we have to follow for our industry in Florida.
This means that all communication between seller and buyer is managed through Massey.
I am sorry if these procedures do not meet your expectations.
If you are not comfortable with the transaction, then I will send you a Rejection of Vessel Document to sign. Once signed, Alice will be contacting you to get instructions to return your deposit.
Please let me know how you would like to proceed.
I am a lawyer with ample experience buying and selling yachts. I have lost faith in Mr. Torres and his swagger and his lack of forthrightness, and I am about to rescind this deal.
In sum, can I get another broker?
Mr. Massey replied as follows:
I spoke to both Jose Torres and Alice Winter to make sure I understood your requests. Jose has given you the correct information regarding how we must proceed when listing or selling a yacht. The state of Florida licensing department and the IYBA, International Yacht Brokers Association mandates a series of steps and the sequence in which the communication, documentation, escrowing deposits, sea trials, surveys, acceptance or rejection of vessels must follow. Your requests, while genuine, has not allowed us to follow that protocol. I am sorry we were not able to satisfy you but we must follow the rules regarding all our transactions.
I'm setting the return of your deposit via wire transfer now.
To this, I responded as follows:
Mr. Massey, everything you say must be correct. However, you fail to address the specific concern that I had. That is, I wanted a bill of sale signed and notarized by the boat's current owner. I do not believe that either the State of Florida or the IYBA prohibits such.Yet, you are telling me just that. The form bill of sale provided by the U.S. Coast Guard provides for the signature of the boat owner and for such signature to be notarized. Maybe you are unfamiliar with this document so I have attached a copy for your review. Please relate to me the specific law of the State of Florida or rule of the IYBA that prohibits an owner from signing and notarizing a bill of sale. Thank you.
Mr. Massey has not replied.......
In my opinion, one should be very careful when dealing with Massey Yacht Sales & Service.