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The seller defaulted, now what?

I made an offer to buy a boat several months ago but we had to back out of the deal before closing. My mortgage broker conducted a title search and determined that the boat’s Hull Identification Number was a duplicate of another boat and the boat I was looking at was stolen. I obviously withdrew my offer but I am out several thousand dollars in expenses for surveys, travel and time off to attend the surveys. The purchase agreement was a standard form contract from the California Yacht Brokers Association and it includes a provision for the buyer to recover reasonable expenses if the seller defaults. We believe the failure to provide clear title to us is a default and have demanded that the seller pay our expenses but he refuses to respond. Before we pursue this any further can you confirm for us that this was a default under the contract?


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