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Malheureusement... in Canada we do not have the same legal remedies available that are provided in the US. I doubt that you would be able to get very far down there either though.
There is nothing you can do to prove the boat was not in the condition described by the surveyor when you purchased it. Your acceptance of the survey provided and your failure to contest the statements in it within a reasonable time period (usually deemed to be 90 days) pretty well seal the deal. The courts will probably not even let the case get to trial.
The law that usually applies in cases like this is your province's version of the Consumer Protection Act. In order to proceed under that you'd need to prove that the boat was not able to function in the purpose for which it was purchased, and that the vendor knew what the intended use of the vessel was, and that there was an express warranty that the boat would be suitable for that purpose for a specific period of time following purchase.
So if you told the vendor that you wanted a sailboat and if you were able to sail the boat in the condition that he sold it to you - he has fulfilled his legal obligation.
The only option you may have would be to register a complaint with the Marine Surveyors Association (SAMS), but that's not going to do much good.
Save your money and put it towards your repair bills.
Last edited by Sailormann; 06-16-2009 at 11:28 PM.
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