Should I blow the Whistle on this Surveyor?

[TSL]

I had an old friend with years of experience in the boating industry over this past weekend to help me on my project boat. I happened to mention that I had a bad experience with the surveyor I had hired prior to purchasing the boat. I considered it a (rather expensive) lesson learned and was surprised at his reaction to me putting it behind me. He blew his top saying that by not calling this guy out I'm allowing an inept or disreputable surveyor continue his practice.

We agreed to disagree and post it here for the sailing community to pass judgment.

Here is the story..

I purchased a project boat last summer I had it surveyed since it was a good deal larger (and complex)than previous projects. The boat will be on the hard for a few years so I thought having it surveyed would help insure I did not miss anything that needed repair. I bought the boat at a steep discount to market value since the previous owner had let the maintenance get away from him. I spent several hours gong over the boat and had a good feel for it's condition. We made the deal and I arranged a survey as well as rigging to load and transport the boat about 1000 miles to my home town.
The survey was delayed (but not unreasonably so). I received it just a day or two prior to flying out to complete the sale and supervise the haul back home. The survey read like the wrong boat was surveyed. The survey made no mention of the most obvious problems with the boat. Here is the list:

The surveyor was asked for a complete sail inventory and evaluation of each sail. He missed the three head sails in the port cockpit locker. Obviously he never opened the locker.

He missed two cracks in the hull under the waterline.

He inspected the boat on the hard and then again several days later in the water. He missed the fact that the bilge was full of water and the bilge pump was cycling every 45 minutes. Obviously he never viewed the bilge when the boat was in the water. Basically he missed the big question any boat survey should address. Will float? Without a bilge pump the answer is no!!

Two 6" areas on both sides of the boat where the toe and rub rail were badly galled from contact with concrete pilings (apparently the boat had been left for an extended period of time without being properly tied up.) This took a effort to see on the hard but was obvious when the boat was docked along side a pier for the in water survey.

Both water tanks had holes in them likely from being unprotected over winter. They did hold some water but that water ran black at the faucet. Not a mention of either problem.
The bow pulpit was bent and improperly welded (merely tacked)black oxidation on and around the weld area.

I could have put the sale on hold and demand another survey but plans were in motion and I had no faith in the guy and I had more important things to do than making him come down to the boat and confronting him.

So what would you have done?

[Minnewaska]

For starters, I would discuss the incompetence with the surveyor. Based on my reaction to that discussion, I would decide whether to report. Unless I felt this was a totally understandable transgression, I would pick up the phone to spare my friends.

[LandLocked66c]

I would have demanded 1/2 my money back since he performed a half-assed survey....

[MikeinLA]

I agree with your friend. At the very least I would have confronted the surveyor with the discrepancies and demanded an explanation....and a refund. If there was somehow a plausible reason why the things were missed, I might let it go at that. If he was completely clueless, I would report him to the appropriate licensing board. Unlike an art appraiser or a real estate appraiser like me, this person has the ability to put lives in danger. JMHO

Mike

[Minnewaska]

Interesting question. Was he either SAMS or NAMS certified in the first place?

[boatpoker]

If he is a SAMS member I beg you to complain to SAMS It costs me every year in dues and continuing education to keep my SAMS Accredited Marine Surveyor status and I want all the flybynighters out of the business (whether SAMS or not) as do all the competent surveyors I know.

[tomperanteau]

As someone who manages a law office and helps deal with contractual issues, the surveyor may be liable for a lot more than just what you paid him, but quite possibly at least that. If you would never have done the deal except for what you learned from the surveyor, then you may also consider your damages to be those things that he missed you you had to fix.

Depending on how much you are out, you will probably be at some level of Civil court that is beyond Small Claims. If the surveyor is bonded or has malpractice insurance of some kind, then recovering your damages may not require a trial, but perhaps only a law suit and an expert to testify. Some negotiating a settlement or an insurance payout.

[jholder]

My thought is that you should contact him, preferably in writing, and ask for an explanation of the discrepancies. I think he should have the opportunity to explain himself (if such explanation is possible) before he gets the whistle blown on him. Also, a response from him may strengthen your case if it comes down to a legal matter. I definitely would not chalk it up to a learning experience.

P.S. Wow, I have been lurking here for a long time and see now that I have a grand total of 3 posts!

[TSL]

A few more points I missed. I found the surveyor on the Sam's website but checking today I see he is no longer listed.
I asked for a refund. Here is my last communication.

I’m asking for a complete refund of the amount $780 because the survey you preformed and report submitted was grossly inaccurate and incomplete.
There were five sails on the boat when you survey the boat. I have this in writing from the seller. He placed them on the boat prior to your survey. I asked you specifically to look at the sails to determine if they are compatible with the hurling system and my intended use. You did not even count them.

The top port lifeline was secured with what appears to be bailing wire. One stanchion is not attached in the socket. It has 1/4” play allowing it to be lifted out. It’s the wrong stanchion for the socket. This does not meet ANY standard.

Two locations on the port and starboard sides at about the mast have severe galling of the toerail to the point it had been abraded all the way thru. Slight hull deformation can be detected in this area on the port side. I asked you specifically to look at this area. You did not.

One Stanchion is bent at about at 10Deg. Angle. one would expect that area to be carefully inspected for other damage. The anchor pulpit is severely bent indicating a major accident. No mention of it in your report.

Both water tanks are deformed and have obvious holes in them. Easily seen if the tanks were viewed. Black water runs from starboard tank. You said you tested the water system. You would have seen the black water.

One keel bolt appears to be loose. A major crack in the structural pan at the forward v-birth where it attaches to the hull combined with the loose keel bolt indicate a likely grounding of the keel.

The boat leaks. Not from the stuffing box. It’s very obvious from simply listening to the bilge pump.

I intend to follow up with SAMS and legal action if I do not receive the refund.

[Minnewaska]

In 3 hours on an internet chat site, you went from considering it an expensive lesson learned, putting it behind you and rejecting and old friend's advice all the way to requesting a refund and threatening legal action?

Frankly, this doesn't sound right.