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Old 30-06-2012, 20:02   #46
Jd1
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Re: Suggestion of wording on an offer

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<snip>

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Priceless !! ... but your black text was waaaay more than what I got from the broker
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Old 30-06-2012, 20:08   #47
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Re: Suggestion of wording on an offer

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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.
BC I guess is not the world, if i had prior knowledge of sinking or lightening strike i wouldn't be interested so the conversation regarding background wouldn't happen as that boat would be off the list.
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Old 30-06-2012, 20:20   #48
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Re: Suggestion of wording on an offer

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Originally Posted by David_Old_Jersey View Post
Kind regards

DOJ

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

Somebody lied.

Because "somebody" said you didn't have a sense of humor.
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Old 01-07-2012, 11:16   #49
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Re: Suggestion of wording on an offer

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Originally Posted by Jd1 View Post
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.
True in Wa State also , at least for some major issues. It's like an implied warranty and I believe you're on the hook for a year. Let's say you buy a house in november, but find that the well runs dry every July. The seller may be liable. Ditto for cars that have been "totaled". I see no problem with asking a seller of a boat to disclose that there have or have not been blisters during his ownership. It doesnt mean the deal wont go through either way, but at least the buyer can determine how it was fixed etc.
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Old 01-07-2012, 18:02   #50
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What's wrong with "I have the right to withdraw offer for any reason based on results of a my survey"?
This can be problematic. We had a withdraw clause. The clause was designed to allow the deal to die if something was discovered the seller did not know about and something we did not want to assume.

Howver, if the boat was as promised the deal was done. That is if the survey did not run up anything we, the buyer, were committed to but at the agreed price or lose the deposit.

Time limits of offer, purchase, and seatrial are a good idea.

JD1 - Sorry the deal collapsed. It is very rude not to at least give feedback on any offer, especially a serious one.
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Old 01-07-2012, 20:34   #51
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Re: Suggestion of Wording on an Offer

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JD1 - Sorry the deal collapsed. It is very rude not to at least give feedback on any offer, especially a serious one.
I am sure another boat will catch my eye sooner or later.
I didn't think it was rude, just unexpected .... and stupid of the broker because I will be unlikely to use this guy for another offer nor will I recommend him to others.
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Old 01-07-2012, 20:38   #52
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Re: Suggestion of Wording on an Offer

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Howver, if the boat was as promised the deal was done. That is if the survey did not run up anything we, the buyer, were committed to but at the agreed price or lose the deposit..
The mast light is broken, I don't want a boat that has a broken mast light .....

but seriously, it would be interesting if anyone experienced a situation of wanting to back out but couldn't without loosing the deposit.
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Old 02-07-2012, 03:59   #53
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Re: Suggestion of Wording on an Offer

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.... and stupid of the broker because I will be unlikely to use this guy for another offer nor will I recommend him to others.
That's the end of things that I truly don't understand with some (many?) Brokers - it's not simply about the boat in question.

Obviously I appreciate that there are limits to the amount of smoke blowing / handholding that is commercially viable for a Broker to bother with (I too have had my fill of punters who have SFA better to do than use me as some sort of filler for their (lack of?!) social life ), but nonetheless seems bizarre that next to zero effort seems to go in to keeping a potential punter "warm".

Upon reflection (and also having thought about the comments on this thread) I would personally not include these new clauses within the contract (unless already space to do so) - but settle on getting the position confirmed in writing, before signing the contract (in practice in the past I have got those / similar via a mix of from Vendor / Broker - both in writing and verbally! to the point that I am comfortable that am not wasting my time in going forward - always bearing in mind that I might be!

The basis of that approach being that unless the sale Agreement has been written 110% in favour of the Vendor will always be enough in it to wiggle out of the deal using the Survey. And on that end I would never pay more of a deposit than I would be prepared to lose - in practice (for me) means not 10%......am prepared to accept the risk of a Vendor coming after me legally to try and force a sale, I just don't want to be in a position where I have to go after him (or the Broker) legally to get a substantial deposit back. of course the risk is that with no 10% deposit means the Vendor won't even talk to me! - over here that not a great problem, elsewhere it might be - but always more boats in the sea .
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Old 02-07-2012, 08:00   #54
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Re: Suggestion of wording on an offer

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What's wrong with "I have the right to withdraw offer for any reason based on results of a my survey"?
At least here in Florida, the contracts normally include a clause that says almost exactly this.
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