Listing for sale in California - concerns

[jenders]

Hi all: I am preparing to list my sailboat with a broker in California. I've just read the standard CA yacht brokers' listing agreement, which appears to bend over backwards to protect the broker and may put me at risk legally. The main issue is that I live out of state, and cannot be present for inspections, haul-outs, trials, etc. But the agreement says I am still responsible while all that is going on, above and beyond the standard insurance coverages. Has anyone had experience -- good or bad -- with this?

Thanks in advance.

[Calif.Ted]

But the agreement says I am still responsible while all that is going on, above and beyond the standard insurance coverages. Has anyone had experience -- good or bad -- with this?

My boat insurance covers anyone using the boat with my permission including brokers. What risk are you concerned about that your presence could prevent ?
It's not unusual to buy a boat from a broker and never even see the seller.
BTW I bought a boat once from Dinah Goodsell in Alameda now at Cruising Yachts and she is absolutely 100% reliable, honest and competent.

[jenders]

My insurance policy does so as well, for liability, but not for hull and equipment. That's my concern. That the boat might be damaged while the broker is operating it, and he has no responsibility under my policy. I suppose it's a question for him whether HIS insurance policy would. More later...

[JPA Cate]

@jenders:

You can't sign away your right to sue the broker if they damage the boat from negligence, but it would be expensive to sue him.

You could consider hiring an attorney to write a different contract that would protect you better.

You could consider buying term insurance for the period the broker will be showing the boat.

Ann

[Calif.Ted]

The risk is less than you fear I think, the broker I mentioned and her husband have been brokers and liveaboards for decades. Those that don't feel comfortable handling a particular boat make other arrangements. I recently operated a 43' Bene for the survey because neither owner (friend's widow) or broker could do so with confidence but both were comfortable with me. Otherwise they'd have hired someone, but there was a couple friends like me willing to help out.
Some risk involved in a boat floating in Pacific unattended, a little attention and maybe even operation by the broker might lessen a little of that risk. Life's a trade-off.

[sail sfbay]

I have bought 2 powerboats and 3 sailboats and sold 1 powerboat and 2 sailboats in California......never an issue. I have never been there to observe sea trail or haul-out and survey. In all my purchases, the Seller attended the sea trial and survey. In the case of my current Hunter 46 sailboat purchase I did not observe the survey, albeit my wife did.

Its just Vroom, who I sold my 5-year-old Nissan to this week.........the Buyer never test drove or inspected the vehicle.

[Cpt Mark]

I've had a lot of experience with brokers in CA as a delivery Captain and buying several boats and selling one.

Will someone steal something as they look at the boat? who knows. Usually the broker is right there.

As far as sea trials, most brokers insist on hiring a licensed Captain who is responsible for damages. To be fair, the Captain won't directly pay for damages but you will have put a rider in place that now covers the Captain and your boat. I've never heard of an insurance company charging for this rider. Those of us Captains doing sea trials have experience on all kinds of boats and are very careful to not have anything happen and do our best to ensure it is a smooth, enjoyable sail that helps sell the boat

[sail sfbay]

Originally Posted by Calif.Ted

.........I bought a boat once from Dinah Goodsell in Alameda now at Cruising Yachts and she is absolutely 100% reliable, honest and competent.

Ditto........bought my Hunter 46 sailboat and sold my Hunter 386 sailboat both in 5 days. I know most of the boat broker the San Francisco Bay, including Point Richmond, Emeryville, Alameda and Benicia and they are 100% reliable, honest and competent.

[jenders]

Thanks everyone for your input. My concerns have been addressed. Again, many thanks.

[Pete7]

Originally Posted by Calif.Ted

I recently operated a 43' Bene for the survey because neither owner (friend's widow) or broker could do so with confidence but both were comfortable with me. Otherwise they'd have hired someone, but there was a couple friends like me willing to help out.
Some risk involved in a boat floating in Pacific unattended, a little attention and maybe even operation by the broker might lessen a little of that risk. Life's a trade-off.

Same occurred for the sea trial when we bought our yacht. The vendor hired a skipper for half a day as his eye sight was failing and he didn't know me from Adam. Worked very well freeing up the vendor and me to discuss all sorts of things without worrying were the boat was sailing, in a busy waterway.

Pete

[rmesfo]

Originally Posted by Calif.Ted

My boat insurance covers anyone using the boat with my permission including brokers. What risk are you concerned about that your presence could prevent ?
It's not unusual to buy a boat from a broker and never even see the seller.
BTW I bought a boat once from Dinah Goodsell in Alameda now at Cruising Yachts and she is absolutely 100% reliable, honest and competent.

Agree, first class folks and service at Cruising yachts in Alameda.