Originally Posted by jameswilson29
The short answer to your question is you should address your expectations in the contract. Negotiate the representations of the seller and the consequences in the transaction. Do your research and don't let the seller or broker lead you around by the nose. Disregard the advice of "experienced" buyers who don't recognize that every aspect of a boat sales contract can be negotiated, or who tell you "this is the way it is always done", or who recommend a contract that was prepared with the broker's or seller's interests in mind. Start small and gain experience before entering into a major transaction. Ask written questions of the seller and expect written answers in return. Negotiate a contract that protects your interests in the transaction. Finally, have the appropriate marine survey(s) done for every purchase.
The effort that you put into beating this drum is remarkable.
I doubt any YBAA member broker would participate in a sale that does not use the YBAA form. Readers certainly can attempt to get an individual boat seller to offer them an implied warranty, if they can get such, good for them, the only certainty I would see in this approach is that it does create work for two lawyers, or you participate at your peril. Hmmm..