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Old 13-12-2012, 09:40   #1
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Unethical Surveyor ?

I am in the process of purchasing another boat and just had the survey done. I live in another state from where the boat is located and have been waiting for the past few days for the survey results . Today the selling broker calls me and tells me he has seen the survey and everything looks good. Why is the surveyor showing the selling broker the survey in the first place...I have always been under the impression that I own the survey and nobody sees it but me. Even worse is that I haven't even seen it yet. WTF !!
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Old 13-12-2012, 09:49   #2
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Re: Unethical Surveyor ?

Always get it in writing that the survey is your property and is not to be shown or delivered to anyone else. If the deal falls through then the selling boat owner has your survey for free.
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Old 13-12-2012, 09:58   #3
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Re: Unethical Surveyor ?

You are correct and the survey should have come directly to you. You own the survey. The broker in this instance, if the sale should go south, essentially has the survey and potentially could pass it along to the seller. Seller in this case gets a free survey. I believe it also has the potential to diminish your leverage in lowering the price of the boat. I would admonish both the broker and surveyor but the surveyor is in the wrong here. Nefarious underhanded dealings are another matter. Both may be acting truthfully but ethically they are on thin ice that is cracking.
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Old 13-12-2012, 09:59   #4
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Re: Unethical Surveyor ?

Quote:
Originally Posted by LostAtSea2011 View Post
I am in the process of purchasing another boat and just had the survey done. I live in another state from where the boat is located and have been waiting for the past few days for the survey results . Today the selling broker calls me and tells me he has seen the survey and everything looks good. Why is the surveyor showing the selling broker the survey in the first place...I have always been under the impression that I own the survey and nobody sees it but me. Even worse is that I haven't even seen it yet. WTF !!
Imho, you should STOP PAYMENT for that survey if you can.
Who picked this guy, you or the seller?

I recently ran into a less than honest surveyor who was in the pocket of SAFECO Insurance. He denied my claim and my neighbor's as well when their insured ran into my boat and my neighbor's dock.
Bunch of crooks...
I wound up fixing the damage myself with the advice of a generous
CF'er.

An Old Dufus Hit My Docked Boat

You are exactly right in that the survey paid for by you is YOUR property and not the seller.
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Old 13-12-2012, 10:06   #5
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Re: Unethical Surveyor ?

In my experience the survey is yours. It should not be shown to anyone else, so this sounds odd. But I would talk to your surveyor, and perhaps the broker, first. Perhaps the surveyor and broker had a casual chat about the generalities. That would still be odd, but perhaps understandable and excusable.
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Old 13-12-2012, 10:31   #6
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Re: Unethical Surveyor ?

Agree with seniormechanico. If you can stop payment for the survey, do so immediately! Then contact the surveyor and ask him, WTF!?!
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Old 13-12-2012, 10:32   #7
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Re: Unethical Surveyor ?

Perhaps the broker controlled access to the boat (had the key?) and actually saw the surveyor's field notes, which are not quite the same as the finished survey. It is certainly worth calling the surveyor to clarify what took place. Normally he formal survey is sent only to the guy who paid for it, and if the broker wants a copy (if the sale does not go through) they might pay half to get it from you, not from the surveyor.
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Old 13-12-2012, 10:47   #8
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Re: Unethical Surveyor ?

Is the broker representing both sides? I think if the broker was representing the buyer, and perhaps even hired the surveyor this would be a normal thing but a good broker would go to great pains to avoid even the hint of impropriety.
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Old 13-12-2012, 11:05   #9
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Re: Unethical Surveyor ?

Did you even speak to or hire the Surveyor? Or did the broker just go forward and do that "for you"? IF so... let him pay for it! You didnt contract it. You really need to speak with both parties. Firmly ask the Broker what he is doing with the report. And speak with the surveyor about getting your copy and then read it several times to glean the "in between the lines" info. Then talk with the surveyor nailing those things down. ie: What does "the fresh water system is serviceable" or "the refrigeration unit activates but in the alotted time it was not possible to determine the cold level" etc
Apparantly you werent at the survey?
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Old 13-12-2012, 11:10   #10
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Did you even speak to or hire the Surveyor? Or did the broker just go forward and do that "for you"? IF so... let him pay for it! You didnt contract it. You really need to speak with both parties. Firmly ask the Broker what he is doing with the report. And speak with the surveyor about getting your copy and then read it several times to glean the "in between the lines" info. Then talk with the surveyor nailing those things down. ie: What does "the fresh water system is serviceable" or "the refrigeration unit activates but in the alotted time it was not possible to determine the cold level" etc
Apparantly you werent at the survey?
I found the surveyor and hired him. The broker didn't have any part in the transaction. He says he has been a surveyor for 25 yrs..he should know better.
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Old 13-12-2012, 11:13   #11
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Re: Unethical Surveyor ?

How did "jaasun71" answer the question originally put to "LostAtSea2011"?
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Old 13-12-2012, 11:15   #12
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Re: Unethical Surveyor ?

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Originally Posted by tamif27 View Post
How did "jaasun71" answer the question originally put to "LostAtSea2011"?
Good question.
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Old 13-12-2012, 11:55   #13
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How did "jaasun71" answer the question originally put to "LostAtSea2011"?
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Good question.
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Old 13-12-2012, 12:00   #14
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Re: Unethical Surveyor ?

+1 on the Surveyor playing silly buggers - after 25 years in the business I am sure he knows everybody in his locale anyway, but IMO just taking the piss to give the Broker the survey at all, let alone first!

For that alone, I would stop the payment and tell him to f#ck off. You paid for a survey for you, not for anyone else. If you can't cancel the payment I would ask for my money back, on pain of a trip to court / contact with any professional / licensing body - plus an internet "kicking".....but for that you will need something in writing from the Broker acknowledging that he has the survey, and where he got it from - god bless e-mail! (many folks don't engage brain before writing!).

and I would give this boat and broker a miss.........
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Old 13-12-2012, 12:42   #15
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Re: Unethical Surveyor ?

David, one can't just cancel payments in the US. Or rather, one can, but then one is likely to wind up receiving a lawsuit and possible criminal charges. Unless there was a written contract with the surveyor promising non-disclosure, stopping or canceling payment could be an expensive mistake.

Our laws are set up to protect tradesmen as well as their customers.

There's a difference between ethics and legalities.
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