Broker refuses to put sea trial as purchase condition

[katamarankris]

I'm currently trying to purchase a catamaran, located in France, which does not become available for handover for a few months.

It's going to be delivered to me in the Caribbean via sailing it across the Atlantic before the handover to me.

I am working with my local broker to help guide me through the purchase process with the foreign French broker.

I'm stuck on two things and was wondering if anyone has experienced this before:

1. The broker won't allow me to conduct a sea trial as a condition of purchase in the pre-purchase agreement.
   
2. The broker won't allow for 2 weeks that I requested to conduct survey and sea trial. He only wants to give me I think 4 days for a survey. And no sea trial. I'm not sure it's enough time for me to survey in the Caribbean because planning a surveyor to look at the boat there might have a delay.

I have given him my ID and proof of residence etc, and am ready to send a deposit, but he now seems offended and is threatening to sell the boat to another customer if I don't sign his agreement as given.

I haven't purchased a boat internationally before. It's a reasonably large (~15 employee?) La Rochelle broker.

Am I asking for unusual things from the selling broker?

[boatman61]

Is not a successful recent Transat sufficient proof of seaworthyness..

[katamarankris]

Originally Posted by boatman61

Is not a successful recent Transat sufficient proof of seaworthyness..

I don't know, would it be sufficient proof for you?

[boatman61]

If it passed the survey in the Caribe.. Yes.

[thinwater]

Originally Posted by katamarankris

I don't know, would it be sufficient proof for you?

Generally. But what broke during the trip? Hmmm.... But I can see why he does not want you backing out after delivery without a very good reason.


I would argue for the sea trial, but he may need to limit the reasons for rejection to actual failures (as opposed to just not liking the boat). If you want to decide if you like it, fly to France.

[katamarankris]

Originally Posted by thinwater

Generally. But what broke during the trip? Hmmm.... But I can see why he does not want you backing out after delivery without a very good reason.

Ah. I should have mentioned that I actually prefer to purchase in France immediately but the seller is only willing to deliver to Caribbean in several months.

The boat is not currently available to view, with the earliest viewing possible in November.

Am I still being unreasonable in your opinion?

[Wolfe10]

Yes, you need to clarify whether you are specifying survey and sea trial where the boat is currently located OR after delivery.


My initial read was the former-- and IMO a reasonable request.



Also, timing may depend on availability/schedule of a qualified surveyor. May be next day in some areas and two weeks in others.


This is based on a number of boat purchases, yes in the U.S., but would also be my expectation for a purchase anywhere in the world. Not interested in buying blind.

[SV Confianza]

We did not push for a sea trial for Confianza and wish we did. There were multiple things that we were told were working/repaired after survey that were not. The surveyor was not able to 100% test all the systems, and some looked serviceable but were not in testing.

[Tetepare]

You’re not unreasonable. That said, the seller/ broker dictates the terms of sale. If he says no sea trial, he’s saying he will not accept an offer contingent on sea trial. It’s his to dictate.

If I offer a Lagoon 44 for $999, payment in manatee teeth at $99/tooth, that’s the offer. If a potential buyer doesn’t like it, too bad.

[sailorboy1]

This is simple.

If you don't like the terms you walk! But it doesn't matter what the broker wants, just what the seller and buyer agree to.

[JPA Cate]

Hello, katamarankris,

In the worst case for you, the seller is not capable of fixing what breaks on the delivery. I'd get out of the deal. You need to work with a different seller, imo, because his ideas are based on the fantasy of arriving in the Caribbean with everything shipshape. Now, it could be so, and it could not. The could not is where you'll have a problem.

Find another cat you want and buy it instead.

Ann

[Pete7]

So the owner has set his heart on one final blast across the Atlantic before dumping the boat on you and hope not too many things break. That or its being chartered selling berths on board to fund the cost of the journey. What happens if the mast falls down half way and you have paid a deposit?

If you don't buy it, does the boat still cross to the Caribbean? if so buy it when it arrives.

Pete

[katamarankris]

I agree with those who say sellers can ask for anything they want. But my question (as someone buying his first cat, and a multi hundred thousand dollar purchase) is:
Is this normal? It seems like a reputable brokerage, yet buying a boat sight unseen especially at the price of a house is concerning.

The pre-purchase contract he sent me says I can get out of the deal if a survey at the place of delivery says the boat is “not seaworthy”.

Originally Posted by Pete7

So the owner has set his heart on one final blast across the Atlantic before dumping the boat on you and hope not too many things break. That or its being chartered selling berths on board to fund the cost of the journey. What happens if the mast falls down half way and you have paid a deposit?

If you don't buy it, does the boat still cross to the Caribbean? if so buy it when it arrives.

Pete

If the mast falls down then I can get out of the deal because that would make it considered “not seaworthy” after the survey which is the only condition that lets me out of the deal.

I wonder what French law would consider “not seaworthy”. It seems that if the seller hits a reef but the boat still floats… I’m stuck?

If I don’t buy it now, then someone else may, and I lose the deal. The seller claims there are other interested buyers who he is threatening to sell to if I don’t move forward now.

[Sailer_Med]

Interesting deal. It sounds like the boat is going to the Carib with or without your deal?

I don't understand why you can't go to France now and have a look. Anyway, too many weird conditions in this deal, why deal with the aggravation?

For a multi-100 thousand deal I would enjoy some a**kissing if I were purchasing...not aggressive used car salesman tactics.

[CaptainRivet]

Originally Posted by katamarankris

I'm currently trying to purchase a catamaran, located in France, which does not become available for handover for a few months.

It's going to be delivered to me in the Caribbean via sailing it across the Atlantic before the handover to me.

I am working with my local broker to help guide me through the purchase process with the foreign French broker.

I'm stuck on two things and was wondering if anyone has experienced this before:

1. The broker won't allow me to conduct a sea trial as a condition of purchase in the pre-purchase agreement.
   
2. The broker won't allow for 2 weeks that I requested to conduct survey and sea trial. He only wants to give me I think 4 days for a survey. And no sea trial. I'm not sure it's enough time for me to survey in the Caribbean because planning a surveyor to look at the boat there might have a delay.

I have given him my ID and proof of residence etc, and am ready to send a deposit, but he now seems offended and is threatening to sell the boat to another customer if I don't sign his agreement as given.

I haven't purchased a boat internationally before. It's a reasonably large (~15 employee?) La Rochelle broker.

Am I asking for unusual things from the selling broker?

Run away, they have something big to hide if no sea trial allowed. A sea trial is essential for the surveyor to find problems you cannot discover on land.

I had something similar with a Catana I wanted to buy. Well my smart surveyor came along with 2 big firetrucks from the local leisure airport, costed 300 bucks and they made a wet inferno…Catana sucked everything in being a wet sponge.
After that we filed a criminal betrayal case….