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Old 30-06-2012, 09:57   #31
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Re: Suggestion of wording on an offer

You might find the attached Generic Purchase Addendum useful.

FWIW...
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File Type: pdf Generic Yacht ADDENDUM A to Purchase Agreement.pdf (12.8 KB, 39 views)
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Old 30-06-2012, 10:09   #32
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Re: Suggestion of wording on an offer

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Originally Posted by svHyLyte View Post
You might find the attached Generic Purchase Addendum useful.

FWIW...

Great addendum !!! .... although the $100 limits seem extreme.
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Old 30-06-2012, 10:13   #33
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Re: Suggestion of wording on an offer

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Great addendum !!! .... although the $100 limits seem extreme.
Set your own limits. The PDF can be saved as a Word File for editing. The Word File itself was too lenghty to be attached.

FWIW...
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Old 30-06-2012, 10:29   #34
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Re: Suggestion of wording on an offer

What's wrong with "I have the right to withdraw offer for any reason based on results of a my survey"?
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Old 30-06-2012, 12:40   #35
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Re: Suggestion of wording on an offer

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The offer was refused with no counter, I do not know if it was an issue with the additional clauses in the contract or the $$$ offered (about 20% below asking). The boat has been on the market for a year and was shown on at least one boat show that I know of.
Could be just an idiot Broker - it happens .

- or someone trying to be too clever for own good by simply waiting for you to come back with a higher offer. If they were serious Vendors (not the same as desperate!) then IMO should have come back with a no, wrapped up with some warm words (to give you half an idea of why the offer was too low and to invite another offer) - even if no figure mentioned as their counter offer - simply to keep the lines of communication open to someone who was serious enough to make an offer (if on the market for a year then either people are not queing up - or it's a bloody long Q!).

Either that or it went out on a seatrial yesterday. and sank .

If you get to the point of losing all interest in the boat, feel free to post up a link - and we can all "revalue" it at 10c in the dollar .
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Old 30-06-2012, 13:51   #36
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Re: Suggestion of wording on an offer

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Could be just an idiot Broker - it happens .

- or someone trying to be too clever for own good by simply waiting for you to come back with a higher offer. If they were serious Vendors (not the same as desperate!) then IMO should have come back with a no, wrapped up with some warm words (to give you half an idea of why the offer was too low and to invite another offer) - even if no figure mentioned as their counter offer - simply to keep the lines of communication open to someone who was serious enough to make an offer (if on the market for a year then either people are not queing up - or it's a bloody long Q!).

Either that or it went out on a seatrial yesterday. and sank .

If you get to the point of losing all interest in the boat, feel free to post up a link - and we can all "revalue" it at 10c in the dollar .
My thoughts exactly !!!
Even if the vendor didn't counteroffer, the broker should have given some sort of indication what the issue was if for no other reason then to keep the lines of communication open.
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Old 30-06-2012, 14:30   #37
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Re: Suggestion of wording on an offer

pretty smart wording. Remember to put a time limit on all offers and counteroffers. Cost me lawyers fees once because my broker forgot to put a time limit on a counter.
I once added the words "seller warrants that no osmotic blisters have been present during his ownership". If he balks at least you'll know even if you buy it!

What's wrong with "I have the right to withdraw offer for any reason based on results of a my survey"?
Nothing at all. You should be able to walk for any reason based on sea trial or inspection. If that is not already in your broker's wording.... you need a new broker.

These things are all best to have in the basic broker's boilerplate contract. That way the seller doesnt take them personally. However, brokers are terrible at covering your A**.... but really good at covering theirs!
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Old 30-06-2012, 15:32   #38
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Re: Suggestion of wording on an offer

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The offer was refused with no counter, I do not know if it was an issue with the additional clauses in the contract or the $$$ offered (about 20% below asking). The boat has been on the market for a year and was shown on at least one boat show that I know of.
Asking for a 20% discount with a form of warranty thrown in as well.....

Maybe just maybe he saw selling to you as not worthwhile, only a thought.
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Old 30-06-2012, 16:27   #39
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Re: Suggestion of wording on an offer

There are always those sellers who are convinced that THEIR boat is worth more than anyone elses... just the way they are.... often they are sticklers for everything and a pain to deal with anyway....
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Old 30-06-2012, 17:54   #40
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Re: Suggestion of wording on an offer

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Asking for a 20% discount with a form of warranty thrown in as well.....

Maybe just maybe he saw selling to you as not worthwhile, only a thought.
Cheers
With you on this one. Some buyers are not worth the hassle, and some sellers are the same. I personally would not ever certify, swear to, or affirm a boat as seaworthy or not seaworthy unless it was my own. Some skippers may sail a boat around the world I may have trouble with leaving the dock, seaworthy to one, not to another--purely subjective. I've never had a surveyor state seaworthiness and they are paid marine professionals, or so I've heard. Seller probably sees the headaches coming his way on this one.
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Old 30-06-2012, 18:37   #41
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Re: Suggestion of wording on an offer

Relate it back to any major purchase, second hand cars 50mile or 50 minute warranty....
Houses ... do you warranty the hot water system/electrical wiring???
No one does anything in a commercial world unless there is an advantage or position to be gained, hard but true don't expect anything different in the world of second hand boats... Caveat Emptor simple as that!
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Old 30-06-2012, 19:45   #42
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Re: Suggestion of wording on an offer

Quote:
Originally Posted by Lagoon4us View Post
Relate it back to any major purchase, second hand cars 50mile or 50 minute warranty....
Houses ... do you warranty the hot water system/electrical wiring???
No one does anything in a commercial world unless there is an advantage or position to be gained, hard but true don't expect anything different in the world of second hand boats... Caveat Emptor simple as that!

Dear JD1,

Many thanks for your offer. Much appreciated for coming back to us so promptly (I had forgotten all about you - in the life of a Broker a week is a longgg time )

I have discussed your offer with the Vendor (I forwarded on your e-mail - I LOVE technology! - to be honest, I think all the long words confused him ) and unfortunately he has declined your offer (he is somewhat deluded on the boat's value. but with Vendors it can be a longgggggg process for reality to hit home - this guy has only been selling for a year, so early doors. I could explain to him the facts of life in simple terms which even he could understand, but better on my listing for when reality finally sinks in rather than on someone else's. Besides, it's not me finding $1k a month in Marina fees - so why should I give a sh#t? ).

In addition, whilst I do fully understand the reasons for your amendments to the contract (sweet jesus, another f#ginn internet lawyer - I bet there is a thread somewhere ) nonetheless it is our policy not to make any changes to our standard contract - the reason being that not only has it been through our lawyers (and any amendments would have to do the same) but also the contract has been road tested many times over the years without any problems, both for sales that completed and with those that did not (actually we got it off the internet - yesterday was the first time anyone here had read it. I don't really understand what the fuss is about. Usually the Purchasor gets back some of their deposit when the Surveyor realises he is looking at a turd. Well, less expenses obviously). However, to address your concerns I am sure we could organise the confirmations you seek in advance of signing the contract (for this boat or another) as I appreciate that you would not wish to agree a purchase without being comfortable that the boat in question was both seaworthy and that your Surveyor would not uncover any known problems. Let me know whether that would be sufficient for you. (I ain't signing anything myself - some of the cr#p we have sold has been unbeleivable! One even sank before the ink actually dried ).

Should you wish to reconsider your offer I would be only too happy to relay that to the Vendor, or alternatively give me a call (or visit) to discuss matters. Indeed, if you also want another look at the boat (or anything else on our listings) - then just let me know. (ideally don't bother me for more than 30 seconds. and not at lunchtimes. or afternoons. or early mornings - hey, Facebook doesn't look after itself you know ).

Kind regards

DOJ

Sales Director
Lump it or Leave it (Brokers) Inc.
- Broker of the year 1986 (regional semi-finalist, under 12's)


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Old 30-06-2012, 19:53   #43
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Re: Suggestion of wording on an offer

Ha! That's great!
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Old 30-06-2012, 19:57   #44
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Re: Suggestion of wording on an offer

Quote:
Originally Posted by Lagoon4us View Post
Relate it back to any major purchase, second hand cars 50mile or 50 minute warranty....
Houses ... do you warranty the hot water system/electrical wiring???
No one does anything in a commercial world unless there is an advantage or position to be gained, hard but true don't expect anything different in the world of second hand boats... Caveat Emptor simple as that!
Actually not true ... here in BC, if you sell a house and you do not declare a major defect, you are on the hook for it (of course proving knowledge is difficult). The standard car sales contract specifies ambulance/taxi service and any damages over a certain amount. Again, you are in trouble if you lie (and it's a lot easier to prove)

Don't tell me you would buy a boat at full average retail price if you knew it had been sunk, struck by lightning etc ... you would ask for some background. The seller can easily say 'never any damage' and you could do nothing about it if you found out later. You only have recourse if this conversation was brought into the contract at which time the seller may think twice about lying to you. It is in fact Caveat Emptor and you are simply putting your ducks in a row to make sure you are not being lied to.
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Old 30-06-2012, 20:00   #45
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Re: Suggestion of wording on an offer

Bahaaaaaa best post on this thread....
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