A sale that turns into a nightmare
In August 2023, a couple of owners decided to sell their yacht, a Sun Légend 41, named Octopus, on which they sail with their children. They contacted Cap Océan, a company based in Saint-Cyprien. On the day of signing, the broker proposed two methods of payment: cheques from the buyer or a transfer from Cap Océan. The owner opted for the transfer, which was supposed to take place at the beginning of September.
However, the transfer did not arrive on schedule. The broker cited delays due to a merger with another company, and promised compensation. After several reminders, a first partial transfer of 20,000 euros was made in November, leaving a balance of 32,000 euros unpaid.âeuros
Legal proceedings under way
Faced with non-payment, the owner appointed a lawyer and took Cap Océan to court in December. A memorandum of understanding was proposed by the company, providing for monthly payments of 5,000 euros starting in January. However, these commitments were not honored.
In April, the owners took their case to court. The court quickly ruled in their favor, winning the case in July.
But the euphoria of victory was short-lived, as at the end of August, the bailiff in charge of collection found the doors closed and the judicial liquidation of the brokerage network was pronounced at the beginning of September, leaving the owners with no immediate recourse.
At the beginning of December, a new complaint was lodged, but the procedure would take much longer as the offending company had in the meantime been liquidated.
A judicial liquidation in progress
The owner has lodged a complaint for misuse of company assets and theft, and has filed a statement of claim with the Perpignan public prosecutorâ??s office.âeuros Other boaters have already fallen victim to similar practices by this company and its subsidiaries.
Several owners have come together in a Facebook group to pool their actions.
This case highlights the risks involved in selling boats through brokers, and underlines the importance of vigilance in such transactions.âeuros
