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Old 17-01-2019, 05:32   #1
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Broker and owner withhold information.

I have been interested in buying this boat, Ayacanora , who were damaged by the hurricane Irma:
https://www.yachtworld.com/boats/198...aw-72-3491969/

During my research, I have found this survey report, that describes the damage on the boat:
https://drive.google.com/file/d/129d...PPgguV2U4jHPdk

The survey clearly reveals much more severe damage than what is listed in the ad. I have been in contact with both the broker, EasysaleUSA, and the owner of this boat, but they refuse to acknowledge the damages described in the survey report and refuse to change the ad so that it gives a fair description of the boat and its damages.

The most serious damages mentioned in the survey report but not in the ad are roughly these:
1. Leaks in both integrated fuel tanks. Some diesel has leaked on the ground and a substantial amount inside the ship, that has soaked the floor and carpet in the kitchen and saloon.
2. The tanks need to be cut out in order to both weld the cracks in the hull and repair the tanks.
3. There are two depressions in the hull, one which is 4' by12'.
4. The main furler boom is bent.

The diesel in the bilge apparently is at a high level and can damage electric installations, tubes etc. Most important is that it is a potential fire hazard. Besides that, a lot of the interior needs probably to be changed, due to damage or smell that is not possible to get rid of. Aparently the diesel is still in the bilge.
The depressions in the hull is a very severe damage that can turn out to be very costly to repair.
The cracks can not be welded as simply as put in the ad, as it involves a cut out and rebuild of the tanks.

In my opinion it is very unfair and very unethical, and probably also illegal, to withhold such information. But what can I do about it?
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Old 17-01-2019, 10:54   #2
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Re: Broker and owner withhold information.

Walk away. There are lots of others out there.
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Old 17-01-2019, 11:05   #3
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Re: Broker and owner withhold information.

What can you do about it? Answer: Don’t buy the boat.
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Old 17-01-2019, 11:17   #4
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Re: Broker and owner withhold information.

I’m glad you didn’t use broker and ethical in the same sentence
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Old 17-01-2019, 11:42   #5
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Re: Broker and owner withhold information.

So, if they changed the ad are you going to buy it?
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Old 17-01-2019, 11:52   #6
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Re: Broker and owner withhold information.

Scrap value only.
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Old 17-01-2019, 11:56   #7
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Re: Broker and owner withhold information.

Don't buy that one. If anyone asks you about it, tell them don't buy that one. Tell Yacht World don't let the listing stay up, if you really want to be a busybody. Not much else you can do. Don't lose any sleep over it. Far worse misrepresentations in boat listings happen all the time.
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Old 17-01-2019, 12:21   #8
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Re: Broker and owner withhold information.

As they say, buyer beware.
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Old 17-01-2019, 12:23   #9
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Re: Broker and owner withhold information.

Given the info on the survey, is it safe to conclude the boat was essentially written off? If it was written-off, isn't there an obligation for the seller to state that? or can that be omitted if the boat changes hands a couple of times?

While the original ad is certainly "optimistic", I don't know that it was outright misleading. The price tells the story, if nothing else: 70' custom aluminum ketch for $45k ? I don't think so.
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Old 17-01-2019, 12:45   #10
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Re: Broker and owner withhold information.

As you don't go into the details of the boat's flag state, or the owner's citizenship/residence, and we can only guess "EasysaleUSA" might be a US company (or not even that)...

The boat might be governed by BVI laws, as it is located there and the sale presumably would be there. There is often NO requirement to disclose defects regarding the sale of boats. In the US, even the requirement to disclose known defects and health hazards in the sale of houses has been a new and varying one.

So there's probably nothing much you can do, except to forward copies of your emails (hopefully you did not conduct this discussion by telephone) to Yachtworld, and if they think a broker has been intentionally hiding known defects, they may bar them from using the service. Assuming you can supply damning proof.
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Old 17-01-2019, 20:42   #11
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Re: Broker and owner withhold information.

Quote:
Originally Posted by hellosailor View Post
As you don't go into the details of the boat's flag state, or the owner's citizenship/residence, and we can only guess "EasysaleUSA" might be a US company (or not even that)...

The boat might be governed by BVI laws, as it is located there and the sale presumably would be there. There is often NO requirement to disclose defects regarding the sale of boats. In the US, even the requirement to disclose known defects and health hazards in the sale of houses has been a new and varying one.

So there's probably nothing much you can do, except to forward copies of your emails (hopefully you did not conduct this discussion by telephone) to Yachtworld, and if they think a broker has been intentionally hiding known defects, they may bar them from using the service. Assuming you can supply damning proof.
There have been laws for decades in state real estate boards. I attended training for real estate sales in AZ in 1996 and there were rules back then governing known defects.
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Old 17-01-2019, 21:13   #12
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Re: Broker and owner withhold information.

If you are determined to do something see if you can file a public interest case and ask for costs against them, they'll probably back off.
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Old 17-01-2019, 21:21   #13
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Re: Broker and owner withhold information.

Quote:
Originally Posted by Tetepare View Post
Im glad you didnt use broker and ethical in the same sentence
As a former yacht broker and I feel, a person with a strong sense of ethics, I resent that remark.
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Old 18-01-2019, 01:37   #14
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Re: Broker and owner withhold information.

Quote:
Originally Posted by skipmac View Post
......
Rust is the poor man's loctite...... ������ love it.

Out of interest, is there a wrecking yard for all these written off boats ? Would love some front windows off a seawind 1260 and maybe an electric winch or two.......... for cheap ��
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Old 18-01-2019, 01:39   #15
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Re: Broker and owner withhold information.

Quote:
Originally Posted by skipmac View Post
As a former yacht broker and I feel, a person with a strong sense of ethics, I resent that remark.


Rust is the poor man's loctite...... love it.


....................



Out of interest, is there a wrecking yard for all these written off boats ? Would love some front windows off a seawind 1260 and maybe an electric winch or two.......... for cheap






.
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