Well I just did one of the more crazier things in my life and bought a Hans Christian 38 from Sydney 
I now need to get her back home to Mooloolaba.
John from Morningbird has kindly agreed to do the trip with me and we are thinking it would be good to have one person more along.
So if anyone has an urge to sail on a classic boat with expenses paid send me a pm.
We will be looking to head off anytime from the coming weekend (sat 28th September) and expect to take between 7 and 10 days but obviously dependant on weather etc etc
Probably looking to stop at a marina or two along the way for a night to recharge. So maybe even if you can't come all the way up but can hop on board somewhere north of Sydney that might work as well.
The rig is only a year old and the Yanmar is 10 years old but only has 400 hours so hoping those don't give many problems and we are happy to motor as much as needed.
Cheers
Hi Cockpit, I'm sorry I can't help I'm sailing my boat I'm the opposite direction, but just curious, did you buy SeaStar by ant chance.
I could be able to sail with you. I have done reverse trip, starting in Bundaberg on 32 ft Bene. I live on Central Coast. Can you pm me. I happen to be in Sydney today. Cheers Lauriel
Yes sorry, I should have updated this. The purchase has been cancelled due to my wife's health and the trip won't be happening.
I am still trying to process the way the broker and owner have behaved regarding the cancellation of the sale and that they are going to keep all of our deposit (nearly $10,000).
It was a genuine health issue and I cancelled well within 24 hours of the final signing...
And it's not like the boat just came on the market and they took it off for us, it's been for sale for well over 14 months.
And yes it was Sea Star.
Select to expand quoteCockpit said..
Yes sorry, I should have updated this. The purchase has been cancelled due to my wife's health and the trip won't be happening.
I am still trying to process the way the broker and owner have behaved regarding the cancellation of the sale and that they are going to keep all of our deposit (nearly $10,000).
It was a genuine health issue and I cancelled well within 24 hours of the final signing...
And it's not like the boat just came on the market and they took it off for us, it's been for sale for well over 14 months.
And yes it was Sea Star.
Hi, sorry to hear of the ill health issue, I found myself in a similar position while we were renovating the house and some of the trades were absolute a*******s, taking advantage when my mind and efforts were with my wife, so I would suggest a conversation with fair trading to establish where you stand and then follow on from there. Don't just walk away and allow them to take the entire deposit.
Hope the health issue improves soon.
Cheers.
The owner is an ex Navy officer. I thought him a pr..k then so this behaviour reinforces that thought.
So my wife wrote the broker and owner an email apologising profusely and explaining her medical condition and how devastated she was by having to cancel the sale. She asked would they please reconsider and return at least some of the deposit as she felt bad enough we had had to give up the dream of the boat but losing so much money (a huge amount to us) was making her mental state even worse.
Last night she received an email back (2 days later) saying they were sorry for her condition but they would still be keeping all the deposit.
Then they said perhaps we would like to continue with the purchase and resell her ourselves to try and get some of our money back!?
So we cancel the sale 4 days ago because of my wife's health, and now they think we should buy the boat again and resell her in another state when they couldn't sell her in 14 months?? Yes I'm sure the stress of doing that that would be really good for my wife's mental state...
None of these people need this money, the owner is an ex naval commander and lives in a multi million dollar house and will never use the money. It's just pure greed and nastiness. Early this year we had a deal agreed on another boat and then the owners sold it to someone else for a few thousand more.
Sometimes you can really lose faith in human nature.
Select to expand quoteFreeRadical said..
Contact fair trading to get some advice.
Would anyone know which one to contact as I am in QLD but the contract was in NSW?
thanks
Well that is **** I feel for you both
Some people aye
Picked him early Morning Bird first impressions are usually correct sadly
Keep trying with Fair Trading NSW. IMHO retaining some expenses would be reasonable, but not such a big lump of money.
If in the end, you still lose your deposit, please tell us the name of the broker.
Select to expand quoteCockpit said..
So my wife wrote the broker and owner an email apologising profusely and explaining her medical condition and how devastated she was by having to cancel the sale. She asked would they please reconsider and return at least some of the deposit as she felt bad enough we had had to give up the dream of the boat but losing so much money (a huge amount to us) was making her mental state even worse.
Last night she received an email back (2 days later) saying they were sorry for her condition but they would still be keeping all the deposit.
Then they said perhaps we would like to continue with the purchase and resell her ourselves to try and get some of our money back!?
So we cancel the sale 4 days ago because of my wife's health, and now they think we should buy the boat again and resell her in another state when they couldn't sell her in 14 months?? Yes I'm sure the stress of doing that that would be really good for my wife's mental state...
None of these people need this money, the owner is an ex naval commander and lives in a multi million dollar house and will never use the money. It's just pure greed and nastiness. Early this year we had a deal agreed on another boat and then the owners sold it to someone else for a few thousand more.
Sometimes you can really lose faith in human nature.
i,m sorry to here your story , that is so bad . I hope your wife makes a full recovery soon . Is there any way of speaking directly with the owner , maybe its just the broker that is the heartless prick ??
The NSW Fair Trading allows for the deposit to be kept. QLD Fair Trading only allows for a few hundred dollars.
However the the ACCC states that a deposit can not been seen to be a penalty but rather and a genuine recovery of costs. I think the ACCC takes precedence over the various state Tradings.
I had the links to post earlier but got busy. I'll try and post the links tonight or tomorrow.
You already have the emails dismissing your requested deposit refund, that box is ticked so I am guessing a complaint to the ACCC looks likely to be the best starter.
I think it might be fair for the seller to keep a small amount of the deposit but the full amount of ten thousand is a bit rude
hopefully karma might catch up with them
Regards Don
Sorry to here this cockpit, that boat has been on the market for a while. I would talk to the broker again and let him know you are making inquiries with the relevant consumer affairs. That might prompt some fairness in the legitimate cancellation. And I hope your wife gets better mate!
Select to expand quoteFreeRadical said..
Contact fair trading to get some advice.
+1 maybe a sympathetic lawyer too....
Thanks for the replies guys.
Yes we would have been ok with them keeping a portion of the deposit, but as we had no sea trial, no survey (as we bought a previous buyers one from a few weeks ago) the only work part from emails was bringing the boat 100 metres from the mooring to the marina for our inspection.
I almost didn't even sign the initial contract after the broker sent it to me with none of my or the sellers details on it, the price and deposit was wrong as was the settlement date. And he called the boat a Hans Chritian instead of Christian. Basically the only thing on it that was correct was his details but he even missed off his BIA number.
When I asked to have the sellers details filled in he said he would only do it after I had signed the contract and if I didn't like it I would have to buy a different boat.
Anyway I will make enquires with the OFT on Monday.
Wow just wow
Cant believe the broker is such a dick
I would be making a lot of noise to who ever will listen surely this is no what a deposit is about. 
Thought about his overnight.
I am thinking the broker is the culprit here with the owner joining in, rather than the owner insisting on it.
The amount is probably not much more than the broker's commission. I reckon he is insisting on getting his commission from the owner as he will argue he did get a buyer.
Looking at the boat stealers for sale page (Assuming this is the stealer in question) I came across this gem in the add for the Hans Christian.
quote "BBM Yacht Sales prides itself on honesty and a Customers for Life philosophy" unquote
Select to expand quoteLooseChange said..
Looking at the boat stealers for sale page (Assuming this is the stealer in question) I came across this gem in the add for the Hans Christian.
quote "BBM Yacht Sales prides itself on honesty and a Customers for Life philosophy" unquote
Hallelujah, all praise BBM yacht sales, may we all remember who not to use should we be in the buying or selling mood. 
Oh, and it probably wouldn't hurt to avoid Burraneer Bay marina in all it's glory as well.
I for one think if Cockpit doesn't get his deposit back we chip in.
Ill start with $100
Karma to him for his offer to go for a sail on his delivery trip.
Select to expand quoteLooseChange said..
Looking at the boat stealers for sale page (Assuming this is the stealer in question) I came across this gem in the add for the Hans Christian.
quote "BBM Yacht Sales prides itself on honesty and a Customers for Life philosophy" unquote
Definitely time to name and shame, Cockpit
Might need to be careful. If he has done nothing illegal there could be legal action he could take against people or websites that slander or libel him.
I would like to know if the owner is the culprit. I'd spread the word amongst the ex Navy community. But I would need to know the full story first to avoid making false allegations.
Select to expand quotegarymalmgren said..
I almost didn't even sign the initial contract
But, you did.
Gary
Yes Gary, I said I did...
So you are trying to make the point that I signed a contract which I know, but what is your reason for saying this?
I don't understand? Maybe you are a lawyer yourself and see everything in a black and white legal way?
Or are you just trying to get an extra kick in?
Yes Gary, I said I did...
So you are trying to make the point that I signed a contract which I know, but what is your reason for saying this?
I don't understand? Maybe you are a lawyer yourself and see everything in a black and white legal way?
Or are you just trying to get an extra kick in?
First off, I am not a lawyer and am not trying to get an extra kick in.
If I was to lose that much money on any deal, let alone something as close to the heart as a boat I would be boiling.
what is your reason for saying this?
I am trying to say that emotions will not win the day, you can be as annoyed, disappointed or angry as you want but naming people and venting anger on a site are dangerous paths.
Slow down, back off and think this one through.
You signed a contract.
That is what you have to deal with.
You may not think it, but I am with you on this one.
Gary
Signing off.
I think we need to leave this post for now and I will take what advice I can next week.
If I had an intent when I first posted about the deposit being kept it was to see if anyone else had had a similar situation that I could maybe look at to help us. And to let others know about what can happen in this situation.
I really appreciate the messages of support for my wife and myself on here and by pm but I absolutely did not intend this to come across as a sob story or begging letter. And we cannot accept any money however well intended it is.
Whatever happens we will move on and as we all know there are always many people worse off than us.
And yes I will put a review on their website when this is finalised.
We both believe things are either meant to happen or not, in this case we were not meant to buy the boat even though we were very close.
Thanks again
