Originally Posted by jameswilson29
If your time is valuable, ask the seller to provide written answers to a set of questions about the boat's condition (example below), and approve your form contract (Va. form example attached), before you drive 500 miles to deal with who knows what.
3. Seller’s Representations: .... that the Sailboat is in normal operating condition for a vessel of its age; and that Seller has no knowledge of any material defect(s) in the Sailboat, patent or latent, ...
At the risk of repeating our previous thread on this same material, I think this advice will only serve to further dis-function the OP's buying efforts. You can advise a buyer to ask for anything...what they are likely to get from a seller is a different matter. This non-standard contract will be a non-starter (unless perhaps the buyer has found an equally un-informed seller...). As a seller I would never agree to "seller's representations" above, these read like wording created by a lawyer as groundwork for subsequent litigation, the same reason an attorney would tell a seller not to agree to such wording. You buy a boat from individual as-is, where-is just like an automobile. You want assurances, then pay the bucks to buy a new boat from a dealer. Good luck changing this practice, you are tilting at windmills.
As in the other thread, my advice is to work with the standard YBAA contract which also deals with other essential provisions for escrow and a clearly defined acceptance period.
Good luck on getting written answers to a long list of questions too...
PS - here is the related wording on this subject from YBAA, quite a difference:
165 17. NO WARRANTIES: THE BUYER EXPRESSLY AGREES THAT NO WARRANTIES OR
166 REPRESENTATIONS, EXPRESSED OR IMPLIED, HAVE BEEN OR WILL BE MADE DIRECTLY OR
167 INDIRECTLY BY THE SELLER OR BROKERS CONCERNING THE CONDITION OR USE OF THE
168 YACHT. THE BUYER FURTHER EXPRESSLY AGREES THAT HE HAS NOT RELIED UPON ANY
169 ORAL REPRESENTATION BY THE SELLER OR THE BROKERS AS TO THE CONDITION OR
170 CAPABILITY OF THE YACHT OR ITS INVENTORY. THE BUYER ALSO RECOGNIZES AND
171 ACKNOWLEDGES THAT YACHTS AND THEIR INVENTORY MAY HAVE BOTH APPARENT
172 AND/OR HIDDEN DEFECTS AND THE BUYER ACCEPTS RESPONSIBILITY FOR DETERMINING
173 THE CONDITION OF THE YACHT, ITS INVENTORY, AND THE EXISTENCE OF ANY DEFECTS.