Join Date: Aug 2011
Location: Victoria, BC
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Re: Trying another tack... Looking for the right boat near Vancouver, BC.
There is no excuse for a surveyor to not spot the fact that an engine is MUCH older than claimed. Even if no engine survey is done,there are a lot of things happening in the engine compartment that a surveyor needs to look at and comment on.
I also have a hard time believing that the PO did not know that the engine wasn't new. I would be willing to cut him slack if the engine was pulled, completely refurbished and repainted and physically looked new. How long did he own the boat ? If less than a year, wouldn't that be a red flag right there? If there was a new engine, wouldn't there be warranty paper work? Would he not have requested this material from the previous PO when he bought the boat?
On something like a new engine which is a substantial cost item and with that engine being in the boats description I would definitely not turn the other cheek - it is a case of deception!!!
A related question but not related to this particular sale but sales in general: Would an honest sellor refuse to sign an official declaration which is part of the sales contract that his description of the boat is truthfull and accurate to the best of his knowledge and that the sale is null and void with purchase price and costs going to the buyer should the boat have been significantly misrepresented?
Since any broker has weasle words to the extent that they know nothing and are not responsible for anything, would they allow a meeting between seller and buyer to discuss all details of the boat and put the boats condition in writing or is it the brokers job to keep the two parties appart ?
Would the average broker accept a sales contract drawn up by the potential buyer's lawyer that includes protection against misrepresentation? Buyer protection for this sort of thing is standard for the house market here in BC and if you do not declare an accident with a car over a certain amount when you sell it then they can nab you as well.
This is scarry stuff .....