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Old 15-07-2017, 19:48   #1
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Should I tell the new owner.... OMG are you kidding me!?

This was just posted to the Liveaboard Sailboat page on Facebook.


Maybe not the best place for this, but you people know boats....
So the relationship goes south, the boat is being sold. (Her boat, I helped pay for.) Not to worry though, the dream hasn't ended here for me anyway.
The ex asks me to help with the sale, but also to hide our purchase survey from the buyer because of numerous semi small issues, and the larger ones like water intrusion in the deck.

While our surveyor downplayed the keel-hull separation at the rear of the keel, he also listed many things incorrectly. Such as our deck stepped mast as keel stepped? I saw him as more of just an equipment list maker, than any type of actual inspector which we shouldn't have paid for.

It particularly troubles me because this separation in the rear is accompanied by a roughly 5 inch long crack leading away from the second forward keel bolt. To me, there is no way a crack can develop from a keel bolt other than movement between the keel bolt/fastener and the hull.

Sure hulls flex and change shape while sailing, yes, but this is a fin keel. (1995 Dufour prestige 48) With this type of attachment, it would seem that the keel-hull interface should remain 100% rigid, and the hull should flex elsewhere.

Basically, should I tell the buyer? Would I be at risk for knowingly and intentionally hiding / failing to disclose knowledge of a potential structural problem should the boat sink/loss of life/injury should they loose the keel during the delivery (Morro Bay - San Fransisco bay) or even sometime after?

The buyer did have an in-water survey completed, the results of which are unknown. That surveyor would not know of the keel hull separation, and was surely not told about it.

I just don't want to be worrying about ending up in court or worse because I didn't say something that I feel I should have. However I feel at this point I may be risking a lawsuit from the ex if I do tell the buyer, causing the loss of the sale.
So yeah...thoughts?


I can't even believe this.... What has happened to people?
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Old 15-07-2017, 20:36   #2
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Re: Should I tell the new owner.... OMG are you kidding me!?

"Help with the sale" by concealing potentially serious defects?? I wouldn't. If you were buying a boat, how would you feel about a seller? The buyer should get a real out-of-the-water survey as if his life will depend on integrity of the boat.
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Old 15-07-2017, 20:37   #3
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Re: Should I tell the new owner.... OMG are you kidding me!?

The boat has problems, and the ex-wife wouldn't pass a survey herself. At least the poster has some doubts about the morality of non-disclosure, even if his main concern seems to be his liability.

Sheesh...

Jim
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Old 15-07-2017, 21:18   #4
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Re: Should I tell the new owner.... OMG are you kidding me!?

unless you signed a NDA the Ex's has very little chance of winning for telling the buyer the TRUTH.

In a situation like this I would recommend asking a Lawyer and a Priest. Then ignore the lawyer and listen to the priest! Whether you see the inside of a court or not how would you feel if the keel where to fail underway? for me the guilt would be worse then any court case!

Highly recommending the buyer get an out of water survey done by a good surveyor SHOULD (i am not a lawyer) protect you from leagel issues on ether side.
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Old 15-07-2017, 21:23   #5
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Re: Should I tell the new owner.... OMG are you kidding me!?

Sour grapes posing as Sacramental wine
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Old 15-07-2017, 21:24   #6
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Re: Should I tell the new owner.... OMG are you kidding me!?

Never had to deal with this issue but .I suggest you.follow your own moral compass on this and do not be party to a deceitful sale.
You are not only being asked to be party to a swindle but your liability may be Hugh! I would tell the ex to paddle her own canoe and if she wants to deceive a buyer then advise her against it IN WRITING.
You should be able to walk away with a clear conscience. This is not part of the screwing you get for the screwing you got!
Good thing you are no longer married to her! Phil
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Old 15-07-2017, 22:45   #7
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Re: Should I tell the new owner.... OMG are you kidding me!?

As all the above input state's cover your self carefully, if nothing else you would liable in any civil action brought by the prospective buyer and more importantly liable under criminal action should there be any injury/death caused by the hidden defects!
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Old 16-07-2017, 03:53   #8
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Re: Should I tell the new owner.... OMG are you kidding me!?

Let the buyer beware !!


He lost her, and the boat is part of the loss.


The degree of thoroughness of the new buyer's survey is not his problem
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Old 16-07-2017, 04:44   #9
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Re: Should I tell the new owner.... OMG are you kidding me!?

Now that you've posted the issue on an internet forum.... yes you should let the buyer know.

Cheeki Rafiki boss GUILTY!
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Old 16-07-2017, 05:00   #10
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Re: Should I tell the new owner.... OMG are you kidding me!?

If the buyer chooses to "save" money by skipping the survey, it will be his/her lesson.
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Old 16-07-2017, 05:21   #11
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Re: Should I tell the new owner.... OMG are you kidding me!?

Personal integrity, potential loss of life must come before anything else, period.
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Old 16-07-2017, 05:30   #12
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Re: Should I tell the new owner.... OMG are you kidding me!?

Ya gotta let you conscience be your guide. After all, you are the one that has to live with yourself for the rest of your life.

Someone dying because I didn't want to anger my Ex is not something I would want to live with.
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Old 16-07-2017, 05:47   #13
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Re: Should I tell the new owner.... OMG are you kidding me!?

Geez. I get the morality thing but bidness is bidness. I've gotta go with Blue Stocking. This is a big boat for big money. Due diligence is on the buyer.
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Old 16-07-2017, 06:02   #14
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Re: Should I tell the new owner.... OMG are you kidding me!?

Quote:
Originally Posted by Blue Crab View Post
Geez. I get the morality thing but bidness is bidness. I've gotta go with Blue Stocking. This is a big boat for big money. Due diligence is on the buyer.


Forgetting morality, something in the back of my mind says if you know of a problem and don't disclose, your liable.
Maybe liable isn't the correct word, and I'm likely thinking this from house selling, but surely the same exists for boats.
Knowingly sell something with a defect and don't disclose, I think a good lawyer could fleece you.

You co-own the boat with your ex?
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Old 16-07-2017, 06:12   #15
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pirate Re: Should I tell the new owner.... OMG are you kidding me!?

Due diligence isn't satisfied by an in-water survey. This ain't Mayberry.
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