Faulty survey

[Sailormann]

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.

[JohnRPollard]

Originally Posted by Sailormann

...

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.

Given that he did not hire the surveyor, and the survey was a year-old when he accepted it from a third party as a statement of the condition of the vessel -- I'd be surprised if he even has this option.

I expect SAMS would put their efforts into fully defending the credibility of their member surveyor.

[sailingdog]

I'd also point out that many surveys are not supposed to be distributed beyond the commissioning party, and that his receiving the year old survey may violate the terms of the survey.

Given that the OP did not commission the survey, that it was a year old, I doubt he has much of a case. The broker who gave him the survey probably did so in good faith, but a lot can change on a boat in a year, and if the OP was too irresponsible to hire his own surveyor to look out for him own interests, this is what he gets. CAVEAT EMPTOR.