Cruisers Forum
 


Join CruisersForum Today

Reply
 
Thread Tools Rate Thread Display Modes
Old 17-07-2017, 04:51   #46
Registered User
 
Hatha's Avatar

Join Date: Mar 2017
Location: Liveaboard....Australia
Boat: outremer 49
Posts: 6
Re: Should I tell the new owner.... OMG are you kidding me!?

"...Her boat, I helped pay for. "

The Facebooker, suggests the boat is in the name of the 'ex'. He paid for it. Ipso facto, the boat is in the ex's name. The sale of same is contractual, therefore issues of liability for non-merchantability of the vessel are matters of contract law only. Contractual liability can only attatch to the contracting parties, eg...the ex ( ' vendor ' ) and unsuspecting victim...I mean ...purchaser.
No liability attaches to ' Hubby' as he is not a contracting party. ( ' privity of contract ' ) It will however ( or should be) be an implied term of the contract that the vessel is fit for purpose. Depends on wording and any oral/written representations by ex reasonably expected to have been material in the purchaser's decision to purchase.

However, the OP issue is Hubby's liability to a contract he is not party to, if any.

Hubby has no liability for any breach of contract.

This is an Australian interpretation and is of no applicability outside Commonwealth countries. American contract law is based loosely on ancient Roman law as is C/Wealth law and I suspect there is some parallel.

No charge !
__________________

__________________
Hatha is offline   Reply With Quote
Old 17-07-2017, 05:56   #47
Registered User

Join Date: Feb 2016
Location: Central Florida
Posts: 1
Re: Should I tell the new owner.... OMG are you kidding me!?

Just read this, this morning: the Golden Rule: Treat others as you wish to be treated.
__________________

__________________
mjsmjsb is offline   Reply With Quote
Old 17-07-2017, 06:26   #48
Registered User

Join Date: Oct 2014
Posts: 20
Re: Should I tell the new owner.... OMG are you kidding me!?

Morally, you already know the answer. Legally, who is the seller? If you are not the seller (owner), you have no obligation to disclose. If you were to disclose, and the buyer backed out of the agreement, I don't believe you'd have any liability because your conduct is not "wrongful." And seller's obligation to disclose in any event can be limited if the sale is "as is, where is, with no warranties." Clearly, the problem is not latent or hidden and could be discovered using ordinary due diligence. Buying a large boat without an out-of-water survey is, well, not reasonably prudent.
__________________
ob44 is offline   Reply With Quote
Old 17-07-2017, 06:37   #49
Registered User

Join Date: Sep 2013
Location: Alert Bay, Vancouver Island
Boat: 35ft classic ketch/yawl.
Posts: 830
Images: 4
Send a message via Skype™ to roland stockham
Re: Should I tell the new owner.... OMG are you kidding me!?

I would always assume that any seller of anything is behaving like this. In fact the only thing unusual is that the seller actually knows the keel is falling off! On such a boat if the knew owner has not done a careful keel joint inspection I say 'let Darwin rule'. Just don't sail her yourself with crew or it's a potential manslaughter case.
__________________
roland stockham is offline   Reply With Quote
Old 17-07-2017, 08:01   #50
Registered User
 
hamburking's Avatar

Join Date: Feb 2013
Location: Kingston Ont Canada
Boat: No boat right now
Posts: 2,005
Re: Should I tell the new owner.... OMG are you kidding me!?

The answer is in the first line of your question....its HER boat.
Not your circus, not your monkeys.
She is no longer your responsibility.
Walk away. What she tells or doesn't tell is for her to do...you need not know, or care.
Don't use the boat sale as a means to be involved in, or control her life.

My wife asked me to sell our boat. I thought we were moving up to a "go south" boat. But as soon as the boat was sold, she took the money and left. Now I have no boat, no wife, and no money. Get used to it.
__________________
hamburking is offline   Reply With Quote
Old 17-07-2017, 08:50   #51
Registered User
 
Cadence's Avatar

Join Date: Dec 2008
Location: SC
Boat: None,build the one shown of glass, had many from 6' to 48'.
Posts: 5,602
Re: Should I tell the new owner.... OMG are you kidding me!?

Quote:
Originally Posted by hamburking View Post
The answer is in the first line of your question....its HER boat.
Not your circus, not your monkeys.
She is no longer your responsibility.
Walk away. What she tells or doesn't tell is for her to do...you need not know, or care.
Don't use the boat sale as a means to be involved in, or control her life.

My wife asked me to sell our boat. I thought we were moving up to a "go south" boat. But as soon as the boat was sold, she took the money and left. Now I have no boat, no wife, and no money. Get used to it.
I'm with you, he needs to stay the hell out of it. Is it possible she is "shrew" enough to be trying to put him in the position of being her agent in effect?
__________________
Cadence is offline   Reply With Quote
Old 17-07-2017, 08:57   #52
Registered User

Join Date: Feb 2010
Location: UK, Middle East, Australia
Boat: Angus Primrose One design 45ft And Duncanson 34 Mk2
Posts: 196
Re: Should I tell the new owner.... OMG are you kidding me!?

If that boats keel fell off and you are discussing the fact you know its not seaworthy and you sell it as seaworthy you have just entered into a contract knowingly fraudulently declaring a product as seaworthy. I know its upto the owner to warrant his own vessel but those guys from cheeki rafiki were held liable for the demise of the boat.
Im not saying it would definitely happen but you knowingly sell an item thats not fit for service you enter into financial gaurantee therefore if something goes wrong and they prove you were part of the failing then they will claim back the financial gain and some for any demise of the vessel and its contents.
I may be wrong but its not happened yet and anything is possible these days when looking to blame.
Cheeki Rafiki: Stormforce Coaching Limited director Douglas Innes guilty of failing to ensure safety of the yacht - YBW

Good way though to get at the ex.. Make her all liable for it and something happens and shes screwed.. You are not attached to her anymore..
__________________
nauticalnomad is offline   Reply With Quote
Old 17-07-2017, 09:08   #53
Registered User
 
Blue Crab's Avatar

Join Date: Sep 2009
Location: Hurricane Highway
Boat: Cal 29
Posts: 3,858
Re: Should I tell the new owner.... OMG are you kidding me!?

Quote:
Originally Posted by Cadence View Post
I'm with you, he needs to stay the hell out of it. Is it possible she is "shrew" enough to be trying to put him in the position of being her agent in effect?
Yeah, I saw "Body Heat" too.
__________________
Blue Crab is online now   Reply With Quote
Old 17-07-2017, 09:27   #54
Registered User
 
Cadence's Avatar

Join Date: Dec 2008
Location: SC
Boat: None,build the one shown of glass, had many from 6' to 48'.
Posts: 5,602
Re: Should I tell the new owner.... OMG are you kidding me!?

Quote:
Originally Posted by Blue Crab View Post
Yeah, I saw "Body Heat" too.
I must have but don't recall it. I assume it has a parallel plot? I was thinking more of the woman scorned.
__________________
Cadence is offline   Reply With Quote
Old 17-07-2017, 09:35   #55
Registered User
 
buzzstar's Avatar

Join Date: Apr 2012
Posts: 1,139
Re: Should I tell the new owner.... OMG are you kidding me!?

Quote:
Originally Posted by Jim Cate View Post
Brian, the OP, Sailor647, is not the owner nor the deceiver. He's just reporting someone else's Facebook posts. Not sure why, but that's how he describes the situation. So, the guy with the ex is not involved with the CF discussion. Weird.

Jim
Yep. I was incorrect, despite reading both the OP and the follow up twice. I guess I have fallen into that terrible trap of not reading and paying attention to what I read. Thanks!
__________________
Brian, sometimes called "Old California"
Still learning after all these years
buzzstar is offline   Reply With Quote
Old 17-07-2017, 14:43   #56
Registered User

Join Date: Apr 2013
Location: Penobscot Bay, Maine
Boat: Tayana 47
Posts: 869
Re: Should I tell the new owner.... OMG are you kidding me!?

Quote:
Originally Posted by hamburking View Post
The answer is in the first line of your question....its HER boat.
Not your circus, not your monkeys.
She is no longer your responsibility.
Walk away. What she tells or doesn't tell is for her to do...you need not know, or care.
Don't use the boat sale as a means to be involved in, or control her life.

My wife asked me to sell our boat. I thought we were moving up to a "go south" boat. But as soon as the boat was sold, she took the money and left. Now I have no boat, no wife, and no money. Get used to it.
Very sorry to hear about the "surprise: your ex wife gave you! I once met a guy in his early 40's crewing on a big yacht and was chatting with him and he said he used to cruise on his own Skye 51' ketch with his wife so I asked why he was now working on someone else's boat. He told me that when they docked somewhere on the east coast of the US there was a marshall waiting there who padlocked their boat to the dock and when he asked what was going on discovered that she had initiated a divorce when ashore as they passed through the Panama Canal a few weeks earlier but hadn't told him. He thought all was OK and this docking was just a stopover, but found out he was suddenly going to be both wifeless and boatless.

I can't quite agree with your post above because, while it's technically her boat and her problem, the fact that he mentioned he had money in the boat and she asked him to help, makes me wonder if he is also going to benefit financially from the sale. If that's the case I think he at least has a moral responsibility, if not a legal one. If he doesn't stand to gain financially from this sale and they are getting divorced, why would she think he might help sell it? Good for him for getting away from someone that immoral!

If I were him and was due to benefit financially from the sale, then I'd consider myself involved so would tell her that I would help but that I felt obligated to report all the boats problems to the buyer, no matter what impact that might have on the sale, and would insist on doing so. If none of the money from the sale of the boat was coming to me, I'd thank her for reinforcing the validity of my decision to split and then put as much distance between me and her as possible, but regarding the sale of the boat I'd have nothing to do with it and would caution her that if questioned after the fact about problems the buyer was bound to become aware of at some time, as she should well know by now, I never knowingly tell a lie. Then, once cautioned, she could proceed as she wished.
__________________
jtsailjt is offline   Reply With Quote
Old 17-07-2017, 14:58   #57
Moderator
 
JPA Cate's Avatar

Join Date: Nov 2011
Location: aboard, cruising in Australia
Boat: Sayer 46' Solent rig sloop
Posts: 9,207
Re: Should I tell the new owner.... OMG are you kidding me!?

^^^Nice post, jtsailjt. I agree completely.

Ann
__________________
Long term cruiser, with Jim, aboard US yacht Insatiable II

"Today's misfortune is tomorrow's adventure."
JPA Cate is offline   Reply With Quote
Old 17-07-2017, 15:34   #58
Registered User

Join Date: Mar 2011
Location: fl- various marinas
Boat: morgan O/I 33' sloop
Posts: 918
Re: Should I tell the new owner.... OMG are you kidding me!?

It is very simple. You see someone walking towards a cliff and apparently unaware. Several choices are available-- not my business; oh, look at the careless idiot; or yell 'look out' in a loud voice. There are many ways to describe those who take the first choices, amoral dirtbag being my preference. To me it makes no difference if I like or hate the seller, my conscience demands that I say what I know. What the proposed buyer does with the information is on him.
__________________
Dave22q is online now   Reply With Quote
Old 17-07-2017, 15:40   #59
Registered User

Join Date: Feb 2015
Location: mi /grt lks
Boat: Laguna, windrose 25
Posts: 92
Re: Should I tell the new owner.... OMG are you kidding me!?

good friend of mine lost his life from a unscrupulous (sp)seller who forgot to tell him the heat exchanger on the furnace was cracked and leaking. It was January. He lived two days in that house. His widow and his three girlfriends all sued.
__________________
Joel E Felt is offline   Reply With Quote
Old 17-07-2017, 17:36   #60
Moderator
 
a64pilot's Avatar

Cruisers Forum Supporter

Join Date: Oct 2013
Location: Albany Ga.
Boat: Island Packet 38
Posts: 15,519
Re: Should I tell the new owner.... OMG are you kidding me!?

Widow and three girlfriends?
__________________

__________________
a64pilot is offline   Reply With Quote
Reply

Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Got to be kidding me.... s/v 'Faith' Off Topic Forum 8 29-07-2013 10:31
De-lamination, Who Is Kidding Who? Neo Construction, Maintenance & Refit 11 23-04-2013 09:58
News Flash from the "You've Got to be Kidding Department" svHyLyte Cruising News & Events 10 05-04-2011 10:15
Kidding Myself? TBoneFan General Sailing Forum 16 07-09-2009 12:06
Tell what you wish you'd done when you started. Dread Pirate Roberts General Sailing Forum 23 19-04-2006 15:19


Our Communities

Our communities encompass many different hobbies and interests, but each one is built on friendly, intelligent membership.

» More about our Communities

Automotive Communities

Our Automotive communities encompass many different makes and models. From U.S. domestics to European Saloons.

» More about our Automotive Communities

Marine Communities

Our Marine websites focus on Cruising and Sailing Vessels, including forums and the largest cruising Wiki project on the web today.

» More about our Marine Communities


Copyright 2002- Social Knowledge, LLC All Rights Reserved.

All times are GMT -7. The time now is 05:55.


Google+
Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2017, vBulletin Solutions, Inc.
Social Knowledge Networks
Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2017, vBulletin Solutions, Inc.

ShowCase vBulletin Plugins by Drive Thru Online, Inc.