MARINE SERVICENTER, INC. BROKERAGE LISTING AGREEMENT PACKAGE

Transcription

1 MARINE SERVICENTER, INC. BROKERAGE LISTING AGREEMENT PACKAGE Thank you for listing your boat with Marine Servicenter, Inc. We will do our best to sell her promptly and in a professional manner. We market using a variety of channels including: On the internet with Our monthly ad is in the premier position on 48N Magazine s back cover. We actively co-broker with other local and national yacht dealers. We publish quarterly direct mail to our database and client lists. Marine Servicenter s brokers work closely with their active clientele. Our marketing effort is thorough and professional. In order to do this efficiently, we ask that you take a few minutes and fill out the attached pages completely and accurately. This will enable us to handle all the details and close the sale quickly. Please supply all of the information you have on your boat, such as copies of original brochures, specification sheets and photographs. All information is helpful in marketing your vessel. The Equipment and Specification Sheet must be filled out accurately. Many buyers will include this document in the sales agreement. Equipment and gear listed on this sheet will need to be provided to the buyer upon completion of the purchase. Please sign this sheet at the bottom indicating its accuracy. First impressions of your boat are very important. Be sure she is clean and orderly. A dry boat is a happy boat. Please remove any gear not included in the transaction. The last page of this package is for you to detach and keep. It explains the purpose of the survey, from both your and the buyer s point of view. If you know of any structural problems now, it is in your best interest to mention them or have them repaired before your boat is surveyed. It could save the sale. We look forward to bringing you a qualified buyer and completing the sale of your boat. Thank you, Marine Servicenter, Inc.

2 MARINE SERVICENTER, INC. LISTING AGREEMENT Marine Servicenter, Inc., hereinafter referred to as BROKER, and the undersigned OWNER of the vessel identified herein, hereby mutually agree as follows: 1. The OWNER hereby grants the BROKER the exclusive right to sell said vessel and its equipment for the listing price or such other price as may be accepted by the OWNER. The equipment to be included with the sale of the vessel is set forth in the attached specification sheet. 2. The duration of this agreement shall be for a minimum of 90 days from the date signed, and thereafter may be terminated fifteen days after receipt of written notice. In the event a sale is pending at the time of termination, this agreement shall be extended to complete said sale. 3. OWNER agrees to pay the BROKER the standard and customary ten percent (10 percent) commission of the actual selling price (minimum of $2,000 on boats selling for under $20,000) for the services of the BROKER, its agents or employees, in selling the vessel. Any prospects developed by the BROKER shall be considered the BROKER S customers, and if the vessel is sold, leased, or chartered to any such customers anytime within six (6) months after the termination of this agreement, the OWNER agrees to pay BROKER the agreed upon commission. 4. BROKER agrees to use his best efforts in the sales and marketing of said vessel. 5. It is understood and agreed by OWNER that sale of the vessel is subject to a marine inspection by an independent inspector (surveyor) selected and paid for by a purchaser of the vessel. The cost to remedy any deficiencies identified in the inspector s report are to be paid for as agreed by both the OWNER and purchaser. 6. OWNER warrants the description and representations of said vessel as they appear on the specification sheet are true and accurate and agrees to hold BROKER, his agents and employees, harmless from damages arising from any alleged misrepresentation of fact made to a prospective purchaser, so long as the misrepresentation conforms to the data furnished by OWNER. 7. OWNER authorizes BROKER, his agents, employees, and prospective purchasers to board vessel, and, upon completion of a satisfactory purchase agreement by all parties, demonstrate the vessel and its equipment to prospective purchasers. OWNER authorizes BROKER to move vessel within or between BROKER S marina(s) for display purposes. 8. OWNER agrees to maintain the vessel in a clean, orderly and operational best sales condition at all times, and further understands that the BROKER is not to assume any obligations or expense for care, maintenance or moorage of said vessel. Listing Agreement Page 1 of 2

3 9. OWNER agrees that the BROKER, his agents or employees, shall not be liable to the OWNER for any damage to or theft of the OWNER S vessel, its contents or equipment, for the duration of this agreement. The OWNER agrees to keep in force his marine insurance on this vessel for as long as this agreement is in force. OWNER shall provide copies of insurance documentation to BROKER upon request. 10. OWNER is responsible to make trailered vessel and all equipment available for test sail and inspection. This includes paying to have the vessel launched for test sail. Trailered vessel must be launched and the mast stepped. If OWNER is unable or unwilling to prepare the vessel for test sail, OWNER agrees to pay yard expenses to do the necessary work to ready the vessel. 11. OWNER acknowledges and warrants that he is sole and rightful OWNER of the vessel and that the vessel will be transferred to the purchaser free of all claims, debts, liens, encumbrances, and taxes or penalties due up to and including the date of closing. In addition, OWNER agrees to pay any fees that may be required to restore OWNER S title documents or to discharge OWNER S obligations at closing. OWNER agrees to provide BROKER with copies of the vessel s certificate of documentation, title, and registration papers, or any other documents that may be required by law for verification of ownership. 12. OWNER agrees, in the case of a deposit forfeit by a potential buyer, that one half of this deposit shall go to BROKER as commission and one half to OWNER. 13. In the event legal action is necessary to enforce this agreement, the prevailing party is entitled to reasonable attorney fees and court costs, together with twelve percent (12 percent) interest per annum on any damage sustained by the prevailing party. This agreement shall be governed by the laws of the State of Washington. The venue for any suit shall be King County. VESSEL NAME: MFGR/SIZE/YEAR: REG# O/N# HIN: (Washington state law requires the above information to be completed in full on the listing agreement) LISTING PRICE $ ENTRY: LOCATION: OWNER S NAME:. ADDRESS: CITY: STATE: ZIP: HOME PHONE: OFFICE PHONE: FAX: OWNER S SIGNATURE: DATE:, 20. BROKER/AGENT: Listing Agreement Page 2 of 2

4 LIEN INFO AND AUTHORIZATION FOR VESSEL PAYOFF Vessel Make: Vessel Model: Vessel Name: Hull Number: Documentation #: Registration #: Bank / Lender: Branch: Loan Officer: Loan #: Bank Phone: Bank Fax: Loan Balance: $ As of what date: I agree that upon the sale of my boat by MARINE SERVICENTER, INC., they will use the proceeds received to pay off the above lien* and that the balance, less commission and expenses, should be sent to me. I also certify that the above information is true and accurate. Seller: Address: Home Phone: Work Phone: Mobile Phone: Fax Number: Seller s Signature: Date: *Note: Forward Title / Satisfaction of Mortgage to MARINE SERVICENTER, INC.

5 MARINE SERVICENTER, INC. ALTERNATIVE FINANCING During times of tight credit and fluctuating money supply, some boat sellers are taking personal contracts or real estate in trade on their boats. MARINE SERVICENTER, INC. is adept at arranging contracts secured by real estate, boat trades and various combinations. Naturally, the best sale for you, and for us, is a straight cash deal. We always strive for a quick and clean cash deal. If, however, you would consider an alternative financing method please indicate your preference below. Let us know the general terms that are acceptable to you. Contract Yes No Conditions: Months: Rate: Fee: Real Estate Trade Yes No What are you looking for? What would you consider? Boat Trade Yes No What are you looking for? What would you consider? Other:

6 MARINE SERVICENTER, INC. MOORAGE AGREEMENT 2442 WESTLAKE AVE. N. SEATTLE, WA MODEL LOA BEAM BOAT NAME I agree that while my boat is moored with MARINE SERVICENTER, INC., I will pay moorage at the agreed rate. I understand that moorage is available only while an active listing agreement is in place with MARINE SERVICENTER, INC. and in the event the listing agreement is terminated either by owner or by MARINE SERVICENTER, INC., the owner of boat is responsible for moving the boat from the premises with 15 days of listing termination. I understand that my moorage payment is charged against my VISA or MC by MARINE SERVICENTER, INC., on a monthly basis and that by agreeing to this moorage I have authorized MARINE SERVICENTER, INC. to charge my credit card. I agree to notify MARINE SERVICENTER, INC. 15 days prior to terminating this moorage agreement by e- mail ([email protected]) or postal mail, moorage will be charged for these 15 days. I understand that BLUE RIDGE PROPERTY INVESTMENTS LLC owns the property where the moorage is located and MARINE SERVICENTER, INC., leases the property from BLUE RIDGE PROPERTY INVESTMENTS LLC. I agree that BLUE RIDGE PROPERTY INVESTMENTS LLC and MARINE SERVICENTER, INC. will be named as an additional insured on all insurance policies on my boat during the term of this Agreement. A copy of this Certificate of Insurance needs to be forwarded to MARINE SERVICENTER, INC. I agree to properly maintain and take care of my boat, and to keep adequate hull and liability insurance in force on my boat while it is for sale and/or while moored at MARINE SERVICENTER, INC. MARINE SERVICENTER, INC. is not responsible for the maintenance, care, or condition of mooring gear or maintaining of heat in my boat while it is moored with MARINE SERVICENTER, INC. I agree that I will hold BLUE RIDGE PROPERTY INVESTMENTS LLC and MARINE SERVICENTER, INC., harmless from and against any and all damages arising out of any damage to any persons or property occurring in, on or about my boat resulting from my own acts or omissions, or those of my authorized representatives, guests or invitees, during the term of this Agreement. This indemnity includes, but is not limited to, any claims, fines or other charges levied by any person, governmental agency or public authority for the release of any fuel, pollutant or other hazardous substance and any illegal conduct committed on my boat, while it is on the property owned by BLUE RIDGE PROPERTY INVESTMENTS LLC. No oral agreement shall supersede this written agreement. OWNER NAME HOME PHONE WORK PHONE CELL PHONE OWNER ADDRESS CITY, STATE, ZIP ADDRESS: BOAT ARRIVAL DATE: TOTAL MONTHLY RATE ($9.75/ft) CREDIT CARD NUMBER VISA/MC EXPIRATION OWNER SIGNATURE/AUTHORIZATION 3/27/2014

7 STORAGE/MOORAGE AGREEMENT Made this day of, 20 between MARINE SERVICENTER, hereinafter called MSC, and, whose billing address is, hereinafter called Customer, subject to the following conditions: 1. REGISTRATION: VESSEL NAME: TYPE LOA BEAM REG #: TELEPHONE: (h): INSURANCE CO: (w): OWNER (if other than customer): EMERGENCY CONTACT and PHONE: 2. LENGTH OF STAY: Date in: Date Out: 3. INSURANCE: Customer agrees that they will keep the vessel fully insured with complete maritime insurance, including hull coverage and indemnity and/or liability insurance. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT MSC DOES NOT CARRY INSURANCE covering the property of Customer. MSC WILL NOT BE RESPONSIBLE for any injuries or property damage resulting, caused by, or growing out of the use of MSC s facility and surrounding premise, and that CUSTOMER HEREBY RELEASES AND DISCHARGES MSC FROM ANY AND ALL LIABILITY FROM LOSS, INJURY INCLUDING DEATH, OR DAMAGES TO PERSONS OR PROPERTY SUSTAINED WHILE IN OR ON THE FACILITIES OF MSC. 4. RATES: Customer agrees to pay the amount of, per month ( per ft/per mo.) and that by signing this agreement, authorize MSC to charge said storage fees to Customer s VISA/MC on or about the 1 st of each month. Storage rates will not be pro-rated, except for the initial month. 5. MARITIME LAW: Customer acknowledges that MSC has all the appropriate maritime liens, either state or federal, upon the boat, motor and accessories thereof to secure any and all space rental fees or any other service or materials rendered to or supplied to Customer during the term of this agreement. 6. GENERAL: Customer acknowledges that this is a non working yard, available for storage only. No commercial or personal work will be allowed, including sale of vessel. Access to the yard will be permitted during business hours only. MSC reserves the right to refuse or terminate storage at our discretion. Customer has read, understands and agrees to all of the terms and conditions set forth herein. MSC Customer By: By: VISA/MC #: Security Code: EXP: 3/27/14

8 SELLING YOUR BOAT, SUBJECT TO SURVEY When selling a brokerage boat, you must expect that there will be minor defects and normal wear. Such minor defects are attributed to normal wear and tear and exist in virtually every boat on the brokerage market. The asking price and the price you are offered compensate for them. Selling a brokerage boat subject to survey means that you agree to sell the boat with these minor defects, at the agreed selling price. If, however, the surveyor discovers a major or structural problem with the boat you are selling, there are several alternatives. You may be asked to repair the structural defect at your expense, you may be asked to renegotiate the deal and lower your price to cover the cost, or the buyer may retract their offer to purchase the boat. Sometimes sellers are not sure what separates wear and tear defects from structural defects, so we have provided a list of typical problems that surveyors find on pre-owned boats. WEAR AND TEAR: Gelcoat cracks, stains, scratches Loose stanchions and deck hardware Leaks from windows, deck hardware Expired fire extinguishers Worn cutlass or strut bearing Worn out zincs Engine needs tuning Requires fresh bottom paint Cosmetic defects STRUCTURAL: Bent prop shaft Bent rudder shaft Broken/loose bulkheads Damaged propeller Structural dry rot Damaged mast Delamination Structural cracks Blisters / Osmosis Impact damage We hope that this information has helped you understand the survey process. If you know any structural problems it is best to take care of them while preparing your boat for sale, and before the boat is surveyed. If you have any questions or concerns regarding the condition of your boat please consult your listing broker, or our boatyard.

9 MARINE SERVICENTER, INC. We offer a variety of services to prepare your boat for sale Boat buyers often will make their decision about a boat upon their first impression. They may be turned off by various distractions. Our job is to help you, the seller, overcome these distractions and achieve the best first impression possible. We all want your boat to sell fast and bring the highest price. BOAT CLEANING: While we employ personnel specifically to keep your boat clean and presentable during marketing, sometimes a boat will require heavy-duty cleanup to achieve the appearance that will fetch the highest possible selling price. Our rate for this extra cleaning service is $40.00 per hour, plus materials (cleaners, cloths, etc). On request, we will provide you with a detailed estimate for your boat s needs. WAXING & BUFFING: First impressions are so important. Your boat can make its best initial impression if it shines and shows its true inner beauty. To bring back the deep gloss in aged gelcoat it may need a power buffing / polishing, machine compounding and/or waxing. On request, we will provide you with a detailed estimate for a wax and buff job. This may require a haulout and crane time. OFFLOADING OWNER/BOAT EQUIMPMENT: Often times boats become overloaded with equipment and miscellaneous gear. This can be very distracting to potential buyers. We are able to assist in offloading equipment into your truck or van for you to transport to your home or storage. If you like, we can handle the entire job for $40.00 per hour. MOORAGE CUSTOMERS: A dry boat is a happy boat. In order to hook up to shore power, an A.C. adaptor plug may be necessary. If you do not already have an adapter, you can buy one at our cost. During the winter months it is essential that you keep at least one heater aboard you boat and operating at all times to keep it warm, dry and prevent freeze damage.

10 Lake Union Anacortes Yard Anacortes Sales 2442 Westlake Ave N T Avenue th Street Seattle WA Anacortes WA Anacortes WA (206) (360) (360) (206) Fax (360) Fax (360) [email protected] [email protected] WINCHES ACCOMODATIONS NAME Total berths No cabins Boat type Doubles Singles Official # Head(s) Shower(s) LOA Holding tank Headroom LWL MACHINERY Interior finish Beam Engine Cabin heat Draft Make Designer HP Year ELECTRONICS Builder Hours Cr speed Radar Gal. fuel Gal.water VHF CONSTRUCTION Elect.sys 110AC Compass No. batteries Depth Alternator GenSet Knot meter Last drydocking SAFETY EQUIPMENT Log Date last survey Wind point Bottom paint brand Wind speed GPS SPARS & RIG Auto pilot Rig Mast(s) GROUND TACKLE Stereo Hydraulic adjusters No/type anchors Other Chain Rode SAILS Windlass Brand sails Dinghy GALLEY Stove Oven REMARKS Stove fuel Icebox Refer H 2O Hot Sail Area Rating Pressure Wheel or tiller LOCATION ENTRY ASKING PRICE $ 3/27/2014