Legal Question in Family Law in California

BOATING BLUES

Ex and I own yacht, new $500k, we paid $300k, the last asset to sell from divorce. Registered in her name only for better interest rate on loan of $70K. Listed at brokers for $275 in 2007 per stipulation which we both signed and filed with court. The stipulation reads exactly "The boat shall be sold forthwith for the best price and terms reasonably available. Petitioner (my ex) agrees to execute a listing agreement with (Broker) with gross asking price of $299,000. If it is not sold within 180 days, the PARTIES SHALL AGREE to the listing with another broker. (I left it with her choice to avoid fight). Both parties shall fully cooperate with the listing agent and perform reasonably necessary (sic) to facilitate the prompt sale of the boat". We agreed in writing to lower the price to $225k in Feb 2009. Aug 09 she filed a motion with an order shortening time and asked the judge to immediately rule to force me to accept a current offer for $145,000. Judge denied order shortening time, set for hearing the following week. After hearing was set, she then sold the boat, and when her attorney showed up in court to drop the motion, this boat was in a new marina 50 miles away, sale was complete. Do I have recourse? Contempt of court? I thought most Judges don't allow you to simply drop a motion? They had come to me with several offers over the 2 1/2 years (average time to sell is 2 years without 2008 economic collapse), but refused to show me contracts, terms etc. until I insisted. When my atty asked for copies of terms, we were accused of stalling the deal. One offer, all cash, did not waive financing contingency. Another, the buyer wrote in on the final version of the sales contract "Seller shall disclose all deficiencies with the vessel, mechanical or otherwise, within 3 days of acceptance. Such disclosure shall be in writing and signed by seller". Most comparable boats today, same year/model, list for $240K average. Custom is 90% of asking price closes the deal.


Asked on 6/25/10, 10:19 am

1 Answer from Attorneys

Your question is rather confusing, because you do not cite any language requiring your approval of the sale or the price. The sale is to be "fortwith," which means basically "right away," and for the best price and terms reasonably available. Nothing says you have to OK the deal, much less that they have to wait beyond two and a half years for you to OK a deal for a sale that was ordered to be "forthwith." So there is no contempt of court described in your question. As for dropping motions, you have it exactly backward. A motion can be dropped at any time for any reason, with a few exceptions, such as when there is a cross-motion pending with it. You didn't file any cross or counter motion, so they were free to drop it. The only recourse you have is if you want to try to convince the court that they did not get the "best price and terms reasonably available." List prices are meaningless. So unless you have evidence that comparable boats in comparable condition are actually getting sold for a substantially higher price, you don't have much of a case.

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Answered on 6/25/10, 2:10 pm


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