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Business | South Florida yacht brokers hit with lawsuits…

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Business | south florida yacht brokers hit with lawsuits that claim 10% commissions violate antitrust laws.

Two newly filed federal lawsuits claim that 10% sales commissions required by South Florida’s yacht broker industry are anticompetitive and violate antitrust laws.

The claims follow an October finding by a federal jury in Kansas City, Missouri, that the National Association of Realtors conspired with brokers to artificially inflate commissions paid to real estate brokers. The ruling, and a March 15 settlement by the Realtors, is expected to radically change how homes are sold in the United States.

Both lawsuits involving yacht brokers name as defendants the International Yacht Brokers Association, based in Fort Lauderdale, the Yacht Brokers Association of America, Boats Group LLC and YATCO LLC.

Also listed as defendants in both suits are a who’s who of South Florida-based yacht brokers, including Denison Yacht Sales, MarineMax Inc., Galati Yacht Sales Inc., Allied Marine Inc., Tournament Yacht Sales LLC and Northrop & Johnson Yacht Ships, among others.

Nearly all of the defendants are headquartered in South Florida.

The most recent suit, filed on March 22, proposes a class of plaintiffs that includes anyone who listed vessels on certain Multiple Listing Services using a listing agent or broker affiliated with one of the defendants and paid a buyer’s broker commission since March 22, 2020.

The lead plaintiff in the lawsuit is Kip Lamar Snell, identified as an Alabama resident. Snell entered into an agreement with Galati to sell a 41-foot Express Cruiser Sea Ray in July 2020 and ended up paying a $12,000 commission on the $120,000 sale price, the suit states. The lawsuit lists as defendants 15 brokers and six organizations that promote the yacht trade or operate Multiple Listing Services.

That lawsuit follows one filed on Feb. 29 that proposes a class of plaintiffs that includes anyone who paid a commission to a listing broker affiliated with the defendants since Feb. 19, 2020. It lists as defendants 11 brokers and five organizations that promote the yacht trade or operate Multiple Listing Services.

The lead plaintiff in that suit is Ya Mon Expeditions, a Wyoming company that paid a “substantial broker commission” when it sold a vessel in January 2023 while represented by Tournament Yacht Sales of Tequesta.

The most recent complaint accuses the trade associations of colluding with brokers to “enforce an anticompetitive restraint that requires (sellers of pre-owned yachts and boats) to pay a brokerage fee to the buyer’s broker and a total aggregate commission fee that is inflated as a condition for selling their yachts.”

The complaint states the typical commission is 10% and is shared between the seller’s broker and the buyer’s broker under terms spelled out in Central Listing Agreements provided by the brokers associations, including the International Yacht Brokers Association and the Yacht Brokers Association of America.

Only boat brokers are able to list boats and yachts on such Multiple Listing Services as YachtWorld.com, BoatTrader.com and Boats.com, and the Multiple Listing Services will not accept listings from owners who want to sell their vessels themselves, the lawsuit states.

Yacht owners are “severely disadvantaged” if they do not list their boats for sale on the listing services, while buyers suffer because their brokers are “financially incentivized” to show boats that will earn them standard “and inflated” commission rates of 4% to 5% through co-brokerage transactions, the complaint states.

None of the defendants contacted for this story responded to a request for comment, and no response has been filed yet in either case.

Robert Allen Jr., whose Miami-based law firm Robert Allen Law represents the International Yacht Brokers Association, did not respond to emails or return a phone call.

A woman who answered the phone at the International Yacht Brokers Association said, “We have no comment on that,” and hung up after a reporter asked for her name.

Of six brokers contacted for comment about the lawsuits, only Tournament Yacht Sales responded to emails. “No comment,” the company’s response stated.

Overall commissions have increased faster than the rate of inflation in recent years as the price of larger boats and yachts have increased, according to the lawsuit that lists Snell as lead plaintiff.

The result is that boat owners pay “hundreds of millions of dollars” in inflated commissions each year, the suit alleges.

Both lawsuits allege violations of the Sherman Antitrust Act that are upheld by “brokers who should be competing with one another but, instead, cooperate with each other to the detriment of pre-owned boat sellers.”

Some brokerages represent both buyers and sellers and retain the entire 10% commissions, the suits state.

The trade associations enforce rules requiring brokers to offer their boats through a listing service and to share commissions, the suits state, adding that they can impose significant penalties on members who do not comply with their rules.

Yacht purchasers are disadvantaged by the current system, the lawsuit alleges, because their agents would otherwise negotiate for their business by decreasing their commission rates.

But buyer brokers’ commissions have remained constant despite their diminishing role, the suits state. Many buyers today find boats they are interested in purchasing through online searches and enlist the services of a buyer’s broker only after identifying the yacht they want to buy, the suits claim.

The lawsuits seek an order declaring the commission structure to be illegal, a permanent injunction outlawing what they describe as anticompetitive conduct, plus damages and/or restitution, pre- and post-judgment interest, and attorneys’ fees.

Paul Geller, an attorney for one of two law firms representing the class that includes Snell, acknowledged “parallels between the allegations relating to commissions in the real estate and yacht markets.”

In the real estate matter, the National Association of Realtors on March 15 agreed to a $418 million proposed settlement that would free home sellers from paying commissions to brokers for both sellers and buyers.

After a jury ruled for the plaintiffs in the case against the National Association of Realtors in October, numerous lawsuits were filed across the country with similar allegations, including one in December against the Florida Association of Realtors and 16 brokerages.

“At bottom, the goals of (the suit against the yacht brokers) are similar: protecting consumers by challenging what we allege to be anti-competitive conduct,” Geller said by email. “We believe in the universal truth that consumers benefit by increased transparency and the competitive pricing that results from negotiated terms, including commissions.”

Geller is a partner at Robbins Geller Rudman & Dowd LLP, which specializes in securities litigation on behalf of investors. The firm has offices in 10 cities, including Boca Raton.

Ron Hurtibise covers business and consumer issues for the South Florida Sun Sentinel. He can be reached by phone at 954-356-4071, on Twitter @ronhurtibise or by email at [email protected].

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Cruising the Moskva River: A short guide to boat trips in Russia’s capital

There’s hardly a better way to absorb Moscow’s atmosphere than on a ship sailing up and down the Moskva River. While complicated ticketing, loud music and chilling winds might dampen the anticipated fun, this checklist will help you to enjoy the scenic views and not fall into common tourist traps.

How to find the right boat?

There are plenty of boats and selecting the right one might be challenging. The size of the boat should be your main criteria.

Plenty of small boats cruise the Moskva River, and the most vivid one is this yellow Lay’s-branded boat. Everyone who has ever visited Moscow probably has seen it.

This option might leave a passenger disembarking partially deaf as the merciless Russian pop music blasts onboard. A free spirit, however, will find partying on such a vessel to be an unforgettable and authentic experience that’s almost a metaphor for life in modern Russia: too loud, and sometimes too welcoming. Tickets start at $13 (800 rubles) per person.

Bigger boats offer smoother sailing and tend to attract foreign visitors because of their distinct Soviet aura. Indeed, many of the older vessels must have seen better days. They are still afloat, however, and getting aboard is a unique ‘cultural’ experience. Sometimes the crew might offer lunch or dinner to passengers, but this option must be purchased with the ticket. Here is one such  option  offering dinner for $24 (1,490 rubles).

If you want to travel in style, consider Flotilla Radisson. These large, modern vessels are quite posh, with a cozy restaurant and an attentive crew at your service. Even though the selection of wines and food is modest, these vessels are still much better than other boats.

Surprisingly, the luxurious boats are priced rather modestly, and a single ticket goes for $17-$32 (1,100-2,000 rubles); also expect a reasonable restaurant bill on top.

How to buy tickets?

Women holding photos of ships promise huge discounts to “the young and beautiful,” and give personal invitations for river tours. They sound and look nice, but there’s a small catch: their ticket prices are usually more than those purchased online.

“We bought tickets from street hawkers for 900 rubles each, only to later discover that the other passengers bought their tickets twice as cheap!”  wrote  (in Russian) a disappointed Rostislav on a travel company website.

Nevertheless, buying from street hawkers has one considerable advantage: they personally escort you to the vessel so that you don’t waste time looking for the boat on your own.

Prices start at $13 (800 rubles) for one ride, and for an additional $6.5 (400 rubles) you can purchase an unlimited number of tours on the same boat on any given day.

Flotilla Radisson has official ticket offices at Gorky Park and Hotel Ukraine, but they’re often sold out.

Buying online is an option that might save some cash. Websites such as  this   offer considerable discounts for tickets sold online. On a busy Friday night an online purchase might be the only chance to get a ticket on a Flotilla Radisson boat.

This  website  (in Russian) offers multiple options for short river cruises in and around the city center, including offbeat options such as ‘disco cruises’ and ‘children cruises.’ This other  website  sells tickets online, but doesn’t have an English version. The interface is intuitive, however.

Buying tickets online has its bad points, however. The most common is confusing which pier you should go to and missing your river tour.

“I once bought tickets online to save with the discount that the website offered,” said Igor Shvarkin from Moscow. “The pier was initially marked as ‘Park Kultury,’ but when I arrived it wasn’t easy to find my boat because there were too many there. My guests had to walk a considerable distance before I finally found the vessel that accepted my tickets purchased online,” said the man.

There are two main boarding piers in the city center:  Hotel Ukraine  and  Park Kultury . Always take note of your particular berth when buying tickets online.

Where to sit onboard?

Even on a warm day, the headwind might be chilly for passengers on deck. Make sure you have warm clothes, or that the crew has blankets ready upon request.

The glass-encased hold makes the tour much more comfortable, but not at the expense of having an enjoyable experience.

Getting off the boat requires preparation as well. Ideally, you should be able to disembark on any pier along the way. In reality, passengers never know where the boat’s captain will make the next stop. Street hawkers often tell passengers in advance where they’ll be able to disembark. If you buy tickets online then you’ll have to research it yourself.

There’s a chance that the captain won’t make any stops at all and will take you back to where the tour began, which is the case with Flotilla Radisson. The safest option is to automatically expect that you’ll return to the pier where you started.

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• This 92-Foot Yacht Has a Deck Big Enough for Your Chopper

The Aluna 92 sports a touch-and-go helipad on the aft deck.

Rachel cormack.

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FDC Yachts is ready to prove that good things come in four not three.

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“We are thrilled to collaborate once again with Red Yacht Design on the creation of the Aluna 92,” FDC Yachts director Eyup Ozbelen said in a statement. “Together, we aim to deliver a yacht that not only exceeds expectations but also redefines the very essence of luxury on the water.”

FDC says the Aluna 92 will be the first yacht in its class capable of accommodating helicopters. The vessel features a large touch-and-go helipad on the aft deck that can welcome large choppers capable of carrying up to four passengers, meaning that it can facilitate far more elevated comings and goings than its competitors. The aft deck is also equipped with a large lounge and an alfresco dining area for open-air soirees.

Other exterior highlights include a sprawling sundeck adorned with sunbeds and an expandable beach club with direct ocean access. FDC has also opted to include see-through bulwarks on some exterior decks to provide seafarers with panoramic ocean views.

The interior is equally as spacious and luxurious. The generous cabins can sleep up to eight guests, with the lavish full-beam owner’s suite transforming into separate cabins if additional accommodations are required. Such flexibility renders the Aluna 92 suitable for charter.

“We are confident that the Aluna 92 will exceed the expectations of even the most discerning yachtsmen,” added managing partner of Red Yacht Design Faith Surekli.

FDC says construction on the first Aluna 92 is scheduled to commence by the end of this summer.

Rachel Cormack is a digital editor at Robb Report. She cut her teeth writing for HuffPost, Concrete Playground, and several other online publications in Australia, before moving to New York at the…

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Sean 'Diddy' Combs accuser Lil Rod adds Cuba Gooding Jr. to sexual assault lawsuit

Rodney "Lil Rod" Jones Jr. , the music producer who filed a lawsuit against Sean "Diddy" Combs last month, has officially accused Cuba Gooding Jr. of sexual assault, naming him as a defendant in his complaint amended Monday.

The civil lawsuit, filed in a New York federal district court, came hours after Homeland Security Investigations agents raided two of Combs' homes .

Jones previously named Gooding, 56, in his February lawsuit, accusing the actor of sexually harassing and assaulting him on a yacht rented by Combs, 54, in the U.S. Virgin Islands in January 2023. Gooding wasn't listed as a defendant until now.

USA TODAY has reached out to Gooding's rep for comment.

According to the lawsuit, Combs attempted to "pass off" Jones to Gooding, introducing him to the Oscar-winning actor and leaving the two alone in a studio on Combs' yacht.

"Cuba Gooding Jr. began touching, groping, and fondling Mr. Jones' legs, his upper inner thighs near his groin, the small of his back near his buttocks and his shoulders," Jones' lawsuit alleges.

The complaint includes a photo that purportedly shows Gooding with his arm around Jones, along with a picture that allegedly shows Combs and Gooding talking on the yacht.

Combs "failed to step in and stop" Gooding from "sexually assaulting" Jones, the lawsuit states.

Original story: Sean 'Diddy' Combs accused of sexually assaulting 'The Love Album' producer in new lawsuit

Gooding  has faced several lawsuits  in recent years  over alleged sexual abuse , rape and forcible touching .

Jones' lawsuit has implicated other celebrities, including rapper Yung Miami , whose unnamed cousin was accused of sexual assault after she allegedly "burst into the bathroom and began groping" Jones during a gathering on Thanksgiving Day 2022. Jones also claims producer Stevie J helped recruit sex workers for Combs and participated in sex parties referred to as "freak-offs" (a term Combs allegedly used to refer to sexual encounters with sex workers) according to the lawsuit.

Jones worked with Combs on  his most recent record , "The Love Album: Off the Grid." According to Jones, he and Combs worked together between September 2022 and November 2023, a partnership that resulted in nine songs on "The Love Album" for which Jones is credited as a producer. Jones also alleges he was not paid for "13 months (and) thousands of hours of work."

Diddy has denied Jones' allegations against him.

Diddy sex trafficking suit: Mogul's parties with celebs like Prince Harry provided 'legitimacy'

Though he is not accused of wrongdoing, the lawsuit names Prince Harry as an example of how Diddy's parties as a "popular and highly influential" figure provided great benefit to the lawsuit's other defendants, Universal Music Group and Motown Records.

"Affiliation with ... Combs garnered legitimacy, immense success, and access to top and emerging artists, celebrities, famous athletes, political figures, musicians, and international dignitaries" including "Prince Harry."

Diddy's homes in Los Angeles, Miami raided by Homeland Security Investigations

The amended lawsuit follows the reported raid of two of Combs' homes. The homes were reportedly searched by HSI on Monday as part of a federal investigation.

Federal officials raided Combs' Los Angeles home Monday, according to  Rolling Stone  and local Los Angeles news station  Fox 11 , amid  lawsuits  filed against him from accusers alleging the rapper and music mogul has  raped  or  sexually assaulted  them. Agents also searched Combs' Miami residence Monday, Rolling Stone and  The Associated Press  reported.

If you or someone you know has experienced sexual violence, RAINN’s National Sexual Assault Hotline offers free, confidential, 24/7 support to survivors and their loved ones in English and Spanish at: 800.656.HOPE (4673) and  Hotline.RAINN.org  and en Español  RAINN.org/es .

Contributing: KiMi Robinson

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