Keel/Bilge area crack/Stern impact?

[Pete7]

Are you a member of the RYA? they have a very good legal team to help members or at least point them in the right direction. That could be a very well spent £25 or what ever it costs today.

Pete

[Sailorbouy2312]

I'm not, but I'm not sure if they would help if i joined and they found it was an event that already was in dispute.

I'll enquire first thing on Monday morning with another sailing association I have membership with.

[Pete7]

Oh I think they will, after all they might gain a member for life and some really good PR amongst your family and friends if they can help achieve the outcome you want.

join on line if you want.

Pete

[Sailorbouy2312]

It seems the broker expected me to pay up after the after survey was undertaken, and not after I had received, read and examined the photos of the survey.

It took 12 days to get that report from the Surveyor, despite daily reminders and attempts.....Computer virus, files too big, technical issues he said.....and I received it the due day of the end of the contract.

Coincidence, maybe /maybe not

[malbert73]

My boat contract allowed me to negotiate a new price based on survey. Can you lowball a new price based on all survey findings? Ie all the little things add up. Then you have enough to have the issue repaired.
Btw it’s possible that we are all wrong and the cracks are just cosmetic

[Bill O]

Originally Posted by Sailorbouy2312

It seems the broker expected me to pay up after the after survey was undertaken, and not after I had received, read and examined the photos of the survey.

It took 12 days to get that report from the Surveyor, despite daily reminders and attempts.....Computer virus, files too big, technical issues he said.....and I received it the due day of the end of the contract.

Coincidence, maybe /maybe not

Since you are at a distance from the boat, how did you find that particular surveyor? Was it one recommended by the broker?

[OS2Dude]

Just a thought concerning condensate removal: I added a Venturi valve to ours so the condensate is pumped out with the raw water discharge. Had to plump in a by-pass hose to keep the flow rate up, but works great and no extra holes or additional water in bilge.

[Knotical]

As others have suggested I would send a letter to him saying upon further investigation and survey, you are unsatisfied with the boat's current condition and will not be proceeding with the sale.

Contracts usually have a line which allow you to walk away if you are unsatisfied after the survey, mine had it. My surveyor found several issues with our boat, when I talked to the seller's broker after the survey and mentioned some of those issues the first thing he asked me was if I wanted to proceed with the sale; I said yes and re-negotiated the price.

The broker does not get to see the survey, and if the issue goes in front of a judge I believe a survey shouldn't be debated because everybody's tolerance is different, something small to the seller may be big for you (I am not a legal person but the above just makes sense).

[Sailorbouy2312]

It has been rejected again. The boat "is dead to me" as they say.

The stress with this whole process has gone, which is the main thing. It was making me unwell.

I'll just sit back and wait for the return of the deposit. If it has not been returned in a month or so, I'll go down the legal route, wherever that road goes.

[Bill O]

Originally Posted by Sailorbouy2312

I'll just sit back and wait for the return of the deposit. If it has not been returned in a month or so, I'll go down the legal route, wherever that road goes.

While it will add stress (again), IMO would be more proactive on getting your deposit back.

It will take a little leg work/time to find legal help or at least look into it. If they are already in the mind set that the deposit is theirs, waiting a month or so is going to make it even more difficult to get it back.

As they say, the squeaky wheel gets the oil.

Good luck and sorry your experience was a poor one.

[Elie]

Keep in mind, that a few Beneteaus have sunk in gales in the North Atlantic, because of keel separation. I have seen a Beneteau having this kind of cracks in the heel of the keel, following a grounding not that hard. Essentially, the keel moved upward due to the lack of structural rigidity of the hull that flexed so much that it cracked around the heel of the keel . Repair of this problem is a major undertaking: removal of the keel, and a huge structural reconstruction: very expensive. If you have the choice, stay clear of this transaction, unless the seller pay the work before under supervision of an accredited surveyor.

[ErnestV]

Originally Posted by Sailorbouy2312

The issue is one of time. The broker wants a answer by Monday as to whether I will proceed with the sale. I don't think the seller want to delay whilst I have it investigated.

I can't get there in such a short time, so its not an option.

If I were you this would sound the alarm bells at latest. Seller and broker pressuring on time is never a good sign, regardless what you know about this boat.

Then there is the damage at the bilge - if I were you again seeing a structural crack like this would have me walk away in an instant, there are a lot of other boats that are at least seaworthy, which this hull definetely is not, and will only be after quite some structural (and quite expensive) repairs.

[ErnestV]

Originally Posted by Sailorbouy2312

It has been rejected again. The boat "is dead to me" as they say.

The stress with this whole process has gone, which is the main thing. It was making me unwell.

I'll just sit back and wait for the return of the deposit. If it has not been returned in a month or so, I'll go down the legal route, wherever that road goes.

Good decision, and I sincerely hope that you get your money back (minus the amount for the survey, that is).

A good learning - never start a buyers process without having seen the boat in person. If you can't get to the boat you might miss an opportunity, but you will certainly miss experiences you obviously had.

You're ready to buy a used boat when you have enough time to be present from start to finish, simply because you can trust anyone only so much...

[Dwayne Lister]

Originally Posted by Lawrence plante

Didn't expect this given brokers word and survey.

Sorry to all the honest brokers, but in general the broker's word is worth less than the paper it isn't written on.
They don't know the history of the boat, only the PO does. The broker only knows what the PO told them.

The last time I rejected a boat, I had the deposit returned within 48 hours of rejecting the boat.
It doesn't matter WHY you are rejecting it, only that you are - end of story..

Dwayne.

[Capdave360]

I’m very sorry to hear of this experience. One thing - contracts are quite different in Europe compared with the US. A good friend who had bought and sold many expensive assets over the years taught me a lesson that he learned the hard way, that benefitted me immensely:

In any contract I always insert and insist on language that prior to my written acceptance of the asset I can reject it, cancel the sale, and have my deposit returned “for any reason whatsoever including no reason at all”. People bitch and moan, but in the end they always agree to the language. Saved me a lot of money twice so far compared to pre-printed contract language.