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Old 18-04-2021, 16:29   #1
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Who pays for the captain?

If the owner canít drive the boat , and an outside captain needs to bring the boat to the marina for hull out for a survey , who pays for the captain and the boat gas , the seller or the buyer? Thank you
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Old 18-04-2021, 16:34   #2
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Re: Who pays for the captain?

Buyer usualy pays all costs associated with the haulout and inspection.
Which is why you usually have it as a contingency in the Sale Agreement after a sea trial.
There's no point in paying for haulouts and surveys until you are fairly sure that you want to buy the boat based on your own inspection and at least a short sea trial.
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Old 18-04-2021, 17:03   #3
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Re: Who pays for the captain?

Seller should be able to move their own boat to the haul out facility as well as the sea trial; you pay inspections and for a haul out. If the seller is unavailable or otherwise not in command of his/her vessel, then they should hire a captain to move the boat. Of course, these are more like guidelines and I am sure some sellers refuse to move their boat or hire a captain and you can get creative with the structure of the deal, but yeah, they should be the one moving the boat.
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Old 19-04-2021, 06:26   #4
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Re: Who pays for the captain?

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Originally Posted by StuM View Post
Buyer usualy pays all costs associated with the haulout and inspection.
This ^^^^ ALL COSTS!


As a seller, I would not pay to hire a captain for the sea trial and survey. If the buyer wants these things done, he is going to have to pay for them. That said, it is not unusual for the seller themselves to pilot the boat for these things, and sometimes the seller's broker will do it.
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Old 19-04-2021, 08:56   #5
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Re: Who pays for the captain?

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Originally Posted by Moretolife View Post
If the owner canít drive the boat , and an outside captain needs to bring the boat to the marina for hull out for a survey , who pays for the captain and the boat gas , the seller or the buyer? Thank you
Ditto StuM...........and I will add that, if you are buying it through a broker, the broker often drives the boat to the boatyard for a haulout survey and back at no cost to the Seller. That is what I did on a recent motorboat purchase. The gas / diesel fueul is inconsequential. A hired captain for a sea trail is paid by the Seller. Often the broker will perform this service at no cost to the Seller. Try to arrange for the Sea Trail and haulout on the same day so the cost of a hired captian is paid by the Seller.
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Old 19-04-2021, 09:07   #6
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Re: Who pays for the captain?

Normally, the buyer pays for survey and haul out. The seller drives the boat or hires a captain and pays for fuel.

Yes, often times a broker will drive the boat at sea trial but some brokerage house wont allow it due to liability. Who ever drives the boat should be covered by the owners insurance.

Again, this is the normal SOP, but there are variations....
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Old 19-04-2021, 09:24   #7
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Re: Who pays for the captain?

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Originally Posted by Moretolife View Post
If the owner canít drive the boat , and an outside captain needs to bring the boat to the marina for hull out for a survey , who pays for the captain and the boat gas , the seller or the buyer? Thank you
I could not be present for the sea trial for the sale of my boat due to Covid 19 restrictions. My broker said I am responsible for the hiring a captain, so I hired one. Unfortunately the buyers broker insisted on testing the power winch to furl the boom furled mainsail, totally against my instructions. He managed break the Spectra line and then blamed it on a worn out line. That was a 10,000lb. line. Did I mention I like brokers even less than I like Lawyers?
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Old 19-04-2021, 16:26   #8
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Re: Who pays for the captain?

Seller moves boat or hires captain to act for him. Everything else is your responsibility. Sister forum (TF) has had a few examples lately of licensed captain damaging the boat (sometimes due to mechanical issues) & the insurance legal issues that followed. You donít want that liability.
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Old 01-05-2021, 18:06   #9
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Re: Who pays for the captain?

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Originally Posted by sail sfbay View Post
Ditto StuM...........and I will add that, if you are buying it through a broker, the broker often drives the boat to the boatyard for a haulout survey and back at no cost to the Seller. That is what I did on a recent motorboat purchase. The gas / diesel fueul is inconsequential. A hired captain for a sea trail is paid by the Seller. Often the broker will perform this service at no cost to the Seller. Try to arrange for the Sea Trail and haulout on the same day so the cost of a hired captian is paid by the Seller.
Contract should be written so that it is seller's responsibility to deliver the boat to a suitable location for haulout & sea trial and return to seller's slip. The buyer should have nothing to do with any part of that.

Often as noted the seller's broker will handle the boat and certainly the buyer and buyers broker will/may assist on lines etc. but never forgetting it is the seller's boat and you do not want to do anything that implicates you in damaging the boat. In my recent purchase the seller's broker was driving the boat when an engine blew up. I hate to think how that might have gone had I or my representative been driving the boat.

~A
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Old 01-05-2021, 20:01   #10
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Re: Who pays for the captain?

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Contract should be written so that it is seller's responsibility to deliver the boat to a suitable location for haulout & sea trial and return to seller's slip. The buyer should have nothing to do with any part of that.

Often as noted the seller's broker will handle the boat and certainly the buyer and buyers broker will/may assist on lines etc. but never forgetting it is the seller's boat and you do not want to do anything that implicates you in damaging the boat. In my recent purchase the seller's broker was driving the boat when an engine blew up. I hate to think how that might have gone had I or my representative been driving the boat.

~A
That pretty well sums it up.
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Old 01-05-2021, 21:43   #11
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Re: Who pays for the captain?

I was waiting at a slipway a few weeks ago and the delay for the survey was caused by the sellers captain poking the anchor through the side of another boat. The buyer was glad he had not engaged his own skipper.
The whole moving a boat thing can get interesting when it's a deceased estate and no one really knows exactly what is right or wrong with the boat.
Cheers
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Old 04-05-2021, 09:19   #12
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Re: Who pays for the captain?

In my limited experience (4 purchases, 3 sales) - whoever owns the boat operates the boat (or their representative does). Whoever asks for a haul out and inspection pays for a haul out and inspection.

The only time the boat is not under the control of the seller's rep is when the buyer (or possibly his surveyor) takes the helm during sea trial. But the sellers rep is still responsible for the operation of the vessel during this time.
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Old 09-05-2021, 17:13   #13
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Re: Who pays for the captain?

I don't understand those who say they don't want a buyer to be able to exercize all equipment on a boat, including running the engines at WOT for a bit, and use all winches etc. That is what a sea trial is for, to see what does and does not work properly. Diesels should be able to run at WOT without overheating or any other problem
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Old 09-05-2021, 17:40   #14
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Re: Who pays for the captain?

Not an issue to run the engine up by myself in the presence of broker or seller's captain on all the sailboats and motorboats I have purchased. The last two boats had issues, which I suspected were due to damaged propellers and I was correct. So replaced or repaired them under a "repair" allowance paid by the seller.
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Old 09-05-2021, 17:49   #15
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Re: Who pays for the captain?

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Originally Posted by Moontide View Post
I don't understand those who say they don't want a buyer to be able to exercize all equipment on a boat, including running the engines at WOT for a bit, and use all winches etc. That is what a sea trial is for, to see what does and does not work properly. Diesels should be able to run at WOT without overheating or any other problem
I completely agree. I think it is important to remember that as the buyer you are in a position of power during sea-trial. YOU have to be satisfied that the boat performs as you expect it to. As a buyer there may be equipment that is impossible to operate within the constraints of a sea trial (for example deck crane & windlass) and there is nothing to prevent a buyer adding a caveat to any acceptance agreement following sea trial that such equipment is to be demonstrated as functioning prior to final close (often seller's broker will videotape the operation of such equipment).

Be reasonable but firm. One thing I have found is that brokers and sellers hate "holdbacks" for a variety of reasons and if a seller is reluctant to prove a piece of equipment operable I will propose a hold-back of an amount that a reasonable person would expect it to cost to repair such a piece of equipment in the event that it is found not to operate after purchase. This is a very unappealing proposition from the seller's perspective and should result in some movement in their position.
~Alan
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