There appears to be 2 threads going on here:
1) What happens when a surveyor misses something? The OP was not asking about this but it comes down to if the surveyor should have found it.
- If there is a 6" hole in the side of the boat in plain sight, no amount of contract
language saying the surveyor isn't responsible for issues that are missed, will save him.
- On the other hand if there is rot
in a bulkhead in a completely sealed space that can't be reached and the surveyor wasn't allowed/authorized to drill a hole to get access, the court is unlikely to hold the surveyor at fault for not finding it.
- Then you get the much more common gray areas. The issue isn't in plain view and a little difficult to reach but it can be found without distructive testing or dissassembling. Thats where the surveyer benefits from the liability language in thier report. If it's remotely legitimate that they shouldn't have found the issue, the court will tend to side with them.
2) The real question: If the buyer doesn't follow thru on the purchase
is he responsible for notifying future buyers and if so how to go about it.
Trying to post specific issues with a specific boat opens a can of worms. Ideally, the owner would share that info with future buyers. Or you could let the seller know that the survey is available to future buyers at a discount (you don't have to give the seller a copy of the survey, just notify them of an issue that you are using to justify asking for your deposit back).
If the seller isn't interested, it opens a can of worms. If you share info without the sellers permission and anything you share is incorrect, the seller can come after you for messing up the sale
. Also keep in mind, the seller may have repaired some of the issues.
PS: Some people have indicated that the survey cost was wasted money
. If you find sufficent issues to justify walking away from the sale, it was likely money
well spent as it will save you money in the long run.