Faulty survey

[jeanfrancoissavard]

I was provided with a faulty survey from a previous owner of the vessel i bought. The broker gave me the survey. Any way i could go back after the broker for providing me with wrong information?

[JohnRPollard]

Originally Posted by jeanfrancoissavard

I was provided with a faulty survey from a previous owner of the vessel i bought. The broker gave me the survey. Any way i could go back after the broker for providing me with wrong information?

Maybe it's different in Canada, but here in the U.S. it's caveat emptor. Buyer beware means you have an obligation to perform due diligence, and most sales contracts are loaded with disclaimers that put the onus of vessel inspection on the purchaser and which make no warranties about the condition of the vessel.

There are however exceptions due to fraud, malfeasance, etc. But if it's a simple case of you accepted an old survey as indication of the current condition of the vessel, that would not qualify.

More info needed.

[AlanBrown]

If you had paid for the survey and it proved faulty, you would have recourse against the surveyor.

If the broker had paid for the faulty survey and you relied upon it to help make your purchase decision, it might be possible for you to sue the broker. He could, in turn, sue the surveyor.

If the previous owner contracted and paid for the survey, you're SOL.

[sailingfool]

Even if you paid the surveyor for the survey, you are SOL. I trust the survey report is filled with the usual caveats resolving the surveyor of any consequences for errors or oversights...

If you didn't hire an expert surveyor of your choice, you made a mistake and you just have to eat the results. Now you are experienced.

It would be interesting to readers to know what situation gives you to consider the survey a faulty survey

[k1vsk]

Originally Posted by sailingfool

Even if you paid the surveyor for the survey, you are SOL. I trust the survey report is filled with the usual caveats resolving the surveyor of any consequences for errors or oversights...

This is not quite correct. I won't offer any legal advice here except to say that there is recourse here if and only if you contracted for the survey, regardless of what stipulations may be contained therein. If the typical claims made in most surveys effectively limited a surveyor's liability as is implied above, there would be no need for surevyors to uniformly carry E&O (Errors and Omissions) liability insurance which they do for this precise reason.

The real uncertainty here is whether or not you contracted for the survey and the value of the boat which would limit liability in most states (to that amount).

[xort]

what was missed? minor things are not going to ge much traction. big, obvious issues are another matter.

[Capnblu]

I agree with SF, "now you are EXPERIENCED" Hope you saved enough $ on the survey to help medicate the oversight.

[jeanfrancoissavard]

Originally Posted by xort

what was missed? minor things are not going to ge much traction. big, obvious issues are another matter.

well the survey said the decks were in sound condition. I just had a surveyor and shipwright coming on the boat and they clearly stated that the rot in the decks has been going on for years...

[bubb2]

What was the date of the survey and when did you buy the boat?

[jeanfrancoissavard]

Originally Posted by cardiacpaul

you stated (answers in the body)

well the survey said the decks were in sound condition. I just had a surveyor and shipwright coming on the boat and they clearly stated that the rot in the decks has been going on for years...