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Old 01-08-2016, 18:01   #16
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Re: Looking to buy our first boat and have a couple questions

oh? Good to know! Im loooking that up now lol
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Old 01-08-2016, 18:41   #17
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Re: Looking to buy our first boat and have a couple questions

If the chain plates go through solid glass then dont worry about the deck. If the chain plates are anchored into a glass knee or something similar then rebedding them is no big deal as its something that has to be done on an irregular basis anyway. If the chain plates are tied into a wooden bulkhead and they are leaking then the bulkhead has to be carefully inspected. As to the comments about chain plates need to be replaced, well, thats usually not something that is done unless there is crevice corrosion.
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Old 01-08-2016, 18:46   #18
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Re: Looking to buy our first boat and have a couple questions

From what I can tell the bulkhead is not balsa but the deck is balsa or plywood. so the chainplates are through the balsa or plywood sandwiched between the 2 layers of laminate. so Im hoping they have not damaged the core, hopefully Mike F can tell when he inspects it.
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Old 02-08-2016, 10:05   #19
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Re: Looking to buy our first boat and have a couple questions

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Need some advice from experienced folx. We took a second look at a boat Sat and put in a verbal offer $11,000 less than the asking price contingent on the Survey. We got a response today saying our offer was accepted "as is"...as is? we stated contingent on survey...This being said let me say we were given a survey done by Mike Firestone 3 years ago. In this survey he mentioned possible leaking from the chain plates and that they should be removed, inspected, and re-seated, The broker says the owner says he took care of everything on the survey, however it looks as if they are leaking, possible STILL leaking... I know we would need to address this but are we wrong to be seeing red flags? How much of a pain is this to fix? Any advice is greatly appreciated.
Run unless it is excepted with you having a survey done. JMHO
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Old 02-08-2016, 10:36   #20
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Re: Looking to buy our first boat and have a couple questions

Actually this is exactly how my boat purchase went, I threw out a low ball offer expecting it to be kicked back and we would then enter negotiating, he came back accepting the offer but with the caveat of as is / where is.
Now that meant after successfully completing a survey, what the as is meant was that whatever I found I would pay to have fixed or leave it, he had apparently been down this road more than once where an offer was made and accepted, then after survey a list of mostly nickel and dime stuff was thrown at him trying to beat him down further, and he didn't want to play that game so he accepted my low ball offer contingent on us not playing the game is all.
I know it was nickel and dime stuff cause I had her surveyed very well, and three years later if anything serious had been wrong I think I would have found it by now.
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Old 02-08-2016, 10:44   #21
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Re: Looking to buy our first boat and have a couple questions

to me "as is" means survey is NOT part of agreement. It means no conditions. It means "As Is"

otherwise it would say "as is except for survey" or "as is" exept for (nsert your condition here)
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Old 02-08-2016, 10:52   #22
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Re: Looking to buy our first boat and have a couple questions

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Run unless it is excepted with you having a survey done. JMHO
PS, the broker may say it shits little green apples.
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Old 02-08-2016, 12:10   #23
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Re: Looking to buy our first boat and have a couple questions

If you make an offer in writing & the seller counters, which has happened, & you then agree to the counter in writing I believe you have a legally binding contract. If you agree to an as-is purchase you may not get your deposit back if the survey is unsatisfactory &, although unlikely, the seller may sue you for nonperformance.

Making your offer contingent on a survey does not mean that the seller has to fix anything found on the survey, it just means that if the survey is unsatisfactory you can get your deposit back & walk away if the seller will not fix what the survey requires. If the seller agrees to fix any deficiencies found during the survey I believe you still have a binding contract. Of course there could be deficiencies found that even if the seller agreed to fix them you would still not want to proceed. In that case it may be difficult to get your deposit back.

I recommend you talk to your Broker or an attorney about this.
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Old 02-08-2016, 13:39   #24
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Re: Looking to buy our first boat and have a couple questions

Last year, I had a guy make low ball offer on a a boat I was selling here in Florida. I agreed through my Broker, "AS IS". The sale was still contingent on a Survey and Test Sail, it just stopped the Buyer from trying to lower the price further, after the Boat Survey.

AS IS CONDITION OF SALE, you can still Survey the Boat and/or Test Sail it and then turn it down if you don;t like the results.

You cannot Survey the Boat and then say I want to knock another $10K off for repairs found in the survey.

This "AS IS" thing is becoming very popular among Yacht Brokers & Sellers when people make a low ball offers.
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Old 02-08-2016, 13:50   #25
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Re: Looking to buy our first boat and have a couple questions

You cannot Survey the Boat and then say I want to knock another $10K off for repairs found in the survey.

Why not if the sale is pending a survey. Anyone signing an as is contract, is brain dead.
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Old 02-08-2016, 13:53   #26
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Re: Looking to buy our first boat and have a couple questions

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Actually this is exactly how my boat purchase went, I threw out a low ball offer expecting it to be kicked back and we would then enter negotiating, he came back accepting the offer but with the caveat of as is / where is.
Now that meant after successfully completing a survey, what the as is meant was that whatever I found I would pay to have fixed or leave it, he had apparently been down this road more than once where an offer was made and accepted, then after survey a list of mostly nickel and dime stuff was thrown at him trying to beat him down further, and he didn't want to play that game so he accepted my low ball offer contingent on us not playing the game is all.
I know it was nickel and dime stuff cause I had her surveyed very well, and three years later if anything serious had been wrong I think I would have found it by now.
Ditto. We were happy doing that based on our own inspection. We felt confident before the survey of what we were bidding on Our surveyor agreed with most of our findings. He did suggest a change in the propane set up but nothing radical.
Alas, we arent on the boat yet but our surveyor is well regarded so we arent expecting too many surprises...we hope!
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Old 02-08-2016, 14:21   #27
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Re: Looking to buy our first boat and have a couple questions

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Last year, I had a guy make low ball offer on a a boat I was selling here in Florida. I agreed through my Broker, "AS IS". The sale was still contingent on a Survey and Test Sail, it just stopped the Buyer from trying to lower the price further, after the Boat Survey.

AS IS CONDITION OF SALE, you can still Survey the Boat and/or Test Sail it and then turn it down if you don;t like the results.

You cannot Survey the Boat and then say I want to knock another $10K off for repairs found in the survey.

This "AS IS" thing is becoming very popular among Yacht Brokers & Sellers when people make a low ball offers.
Nope. "AS IS" is an utterly meaningless boilerplate phrase. It does not give any party to the transaction any additional or lessened rights and obligations.

When you have an accepted contract with contingencies (sea trial and survey, financing, whatever) there is usually a window to get those taken care of and release the contingency (if you want to stay in the deal.) If, instead of releasing the contingency, you come back and say "I want 10k more off the price based on the survey", that clock is still ticking to release. If you don't release before the time window shuts, you are out of contract and seller can sell to someone else.

No seller EVER has to agree to additional money off the purchase price, or additional doing work. The "AS IS" clause makes zero difference to that. Every sale is "AS IS" if the seller just says "no". Buyer can either release the contingency and carry on with the sale as outlined in the contract, or go away.

In addition, the "AS IS" clause gives no power to the buyer they didn't already have. You can't use it to force performance, you can't use it to force a reduction in sale price.

The seller cannot use the "AS IS" clause to avoid the buyer coming back before their contingencies are released and trying to renegotiate. They can refuse, but that is not dependent on the "AS IS" clause.

I am sorry to rattle on about this, but people seem to think that "AS IS" changes something contractually. It does not. Buyer and seller both have the same rights and obligations without it. While it may signal to a buyer that seller is not going to come down on price after survey, it certainly doesn't mean they can't ask.
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Old 02-08-2016, 14:27   #28
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Re: Looking to buy our first boat and have a couple questions

Yep, all the as is meant in my case was of course survey and sea trial, just we both had agreed on a price, take it or leave it is what it meant, no further dickering.



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Old 02-08-2016, 14:35   #29
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Re: Looking to buy our first boat and have a couple questions

Sorry all, went through a name change on here (to better fit my website) and got locked out lol We spoke with the broker this morning and I suspect the situation is similar to a64pilots. Scout30, Jeremiason and VJM, thats what he said as well. No more price negotiation unless something major is found, but we are still able to back out if we are unhappy with the survey. Thank you all and Good Luck Sea Dreaming!
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