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Anyone in Ft. Lauderdale recommend a good Lawyer

Discussion in 'General Yachting Discussion' started by scott49, Feb 1, 2009.

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  1. NYCAP123

    NYCAP123 Senior Member

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    This seems to be the key words. Why would you sign and take delivery? You knew the condition at that time and you knew it was not the condition she was in when you made the deal. This was the time to walk away.
  2. Opcn

    Opcn Senior Member

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    K1W1, Its nothing short of a miracle that this forum isn't full of activity with how friendly everyone here is.
  3. OutMyWindow

    OutMyWindow Senior Member

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    To quote a line from one of my favorite movies
    (Dr. Strangelove) … :)
    “No fighting in the war room”
  4. scott49

    scott49 Senior Member

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    My lawyer in Seattle will disagree with you. There are lots of little details that I could have wrote but it would be pages.When me and my captain looked at the boat under cover, we accepted the boat as AS-IS and signed. The selling broker with the bank also signed off. Now it is a matter of closing (45 days later) The bank was paying for the work to be done, that was in the contract. The yacht was in the ship yards CARE AND CUSTODY not only for the repairs but also as the broker and agent for the bank . Now the Seattle lawyer feels that makes them double responsible. He was going to contact a Florida lawyer that was recommended on this site to go over all the details. Been my lawyer for over 20 years and never loss me a case. Granted this is the first one of state.

    The other items you mentioned was (When he said he would cancel the deal you should have taken that option without hesitation) I got a great deal on the boat and what I am looking at the shipyard for is minor for the saving I got on the boat. About 8%. The bank also had offers behind mine. Yes, We are enjoying the boat. Heading up the coast maybe I can buy you a soda when we get to NY. :)

    Ps. As for aggravation, I look at this as ( not sure of the right word) challenge ? Compared to business and the economy, it is almost stress relieve,
  5. NYCAP123

    NYCAP123 Senior Member

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    The devil is, of course, in the details. That is why what you get her is opinion, not legal opinion. From what you've added though I would think your claim (and this is probably a good thing) would be against the bank, as well as, if not more than the yard since they took responsibility for the rapairs and the vessel during that time as part of the deal. In essence, it was not an AS IS transaction as previously stated. Good luck with it.
  6. Capt Bill11

    Capt Bill11 Senior Member

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    +1 on Michael Moore
  7. K1W1

    K1W1 Senior Member

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    Hi,

    The poster has previously said that the yard has retained this attorney so he needs a different one.
  8. scott49

    scott49 Senior Member

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    Rob Maas
    This is one that we are calling now. He was also referred.
    Thanks everone for your input.
    Scott
  9. Ken Bracewell

    Ken Bracewell Senior Member

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    Didn't Rob retire? Kurt Bosshardt works out of the Ally Maas Palm Beach office (sometimes from his home in TN) and would also be a good recommendation.
  10. Ken Bracewell

    Ken Bracewell Senior Member

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    My bad. I typed the wrong name (stupid contacts program). Warren Hayes is the lawyer I meant to recommend. Kurt Bosshardt left the firm a number of years ago.
  11. captainpearcey

    captainpearcey New Member

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    If you have paid the yard and the mentioned damage was not in the invoice, in my view this is fraud on the part of the yard. I have won two cases with this ploy. Did the yard discount the invoice or offer to fix the damage?

    If you have not paid don't this always works with shipyards, they don't want to have to sue you nor can they with an outstanding invoice problem.


    I am a Marine Warranty Surveyor and have been involved in lots of cases like this, with yards all over the world.

    Take plenty of pictures, write a letter setting out your claim send it recorded delivery give them seven days to respond.

    If they have an email send it by email and fax, phone will not work.

    Dispute the invoice first due to not taking due care, they may well be insured, ask them this question in your letter.

    Tell them you will hand it over for legal action after seven days, this is standard marine proceedure for claims.

    Captain Robert Pearcey
  12. scott49

    scott49 Senior Member

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    I think you are right Rob retired. My lawyer in Seattle has been gone on Vacation and I will have him try Warren when he returns.
    Thanks Scott
  13. mgiyachts

    mgiyachts New Member

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    This is very unfortunate. It is always good to assess the damage with regards to financial cost as well as emotional cost. The most difficult thing to do at times is to know when to say when. You will spend a fortune, have more heart ache and stress and most likely loose against a shipyard. It will also most likely go to mediation first.............it seems like the possibility of a long drawn out event with a dissapointing outcome. Shipyards right now are in dire financial times and even if you win it may be an empty victory.

    Rob Maas is the obvious choice if you have go that route......

    Good luck
  14. Monsterair

    Monsterair New Member

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    Ft Lauderdale Legal Service

    Try Rothstein, Rosenfeldt, and Adler of Las Olas in Ft. Lauderdale.
  15. HMI

    HMI New Member

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    Linda Chambliss.
  16. scott49

    scott49 Senior Member

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    Got a reply back from the Ship yard lawyer. Said what I thought it would but least we are moving ahead.
  17. scott49

    scott49 Senior Member

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    FYI Bruce at
    Alley, Maass, Rogers & Lindsay, P.A
    Has taken the case and feels it is a very strong case. Will let you all know the out come. Only time will tell.
  18. K1W1

    K1W1 Senior Member

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    Hi,

    Thanks for posting back with an update.
  19. Yachtguymke

    Yachtguymke Senior Member

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    Good Lawyer?

    Rothstein, Rosenfeldt, and Adler is now out of business. Apparently there will be a nice Warren 87 and Riva 33 coming up at auction. The firm principle has been accused of running a Ponzi Scheme.
  20. bly

    bly New Member

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    Sorry for scott49 and his troubles But this is some funny sheit

    I have been in business more then once with employees and lawyers and have regretted very few times giving up my freedom?$?$? and working for someone else. Especially when 6 figures and no major responsibility. I feel for scott and the shipyard? I have tried to buy a property from a bank recently and I think they are the biggest problem. Like this situation I think the bank is yanking the yards chain as much as yours . I will bet the bank was not forthcoming on the repairs being covered? also. Its a shame. and if lawyer is needed so be it. I just hope your not going to spend $10 to recoup $1. The only people making out will be the billable time lawyers
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