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post #1 of 4 Old 09-10-2001 Thread Starter
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servey/gurantee?

If I offer my survey , (less than 2 mo. old) to a buyer and tell him that everything on there is good, is that the same thing as a guarantee? If some things turn out not to be accurate, "on the survey".. am I liable, is the surveyor liable or are we both liable?
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post #2 of 4 Old 09-11-2001
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servey/gurantee?

I would almost never accept a survey that was paid for by the seller. There is a conflict of interest. The surveyor was working for the seller. The buyer wants a surveyor working him (or her). If you were being sued by someone, you wouldn''t want their lawyer defending you!! Also, a survey is never a gurantee. Some sellers like getting a survey before they sell. It might help them get the boat ready so that problems that they did not know about can be fixed and will not break a deal. I think this may be a good reason for a seller to get a survey.
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post #3 of 4 Old 09-11-2001
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servey/gurantee?

I''m afraid I have to agree with Rob. If I accept your survey....then I am remiss in my duty to do "due dilligence" and if there were a problem after the fact it would be very difficult to defend my demands, and I think a Judge would feel that way as well.

I have had three boats surveyed by the same accredited/certified surveyor....and all three times he certified that he did not know the owner of the boat being surveyed and that no conflict of interest existed. I required this of him because of the possibility of errors and ommissions. He was exceptionally thorough, to the point of obsession...but that way I got what I paid for. I received a thorough and concise survey of the vessel I finally purchased. I was aware of all its good points and its shortcomings, so I was able to make an educated purchase.

This is in no way meant to imply that either you or your surveyor are dishonest....its just the safest and smartest way to purchase a boat. If I was purchasing a "Brand New" boat I would call my surveyor up and have him survey the vessel and the closure of the sale would be contingent on the boat passing the survey. New boats have eve come off the line with problems.

I should also note that my surveyor is one of the kind who keeps you right at his elbow during the entire process and points everything out....good or bad as he goes. Its a good way for the potential future owner to get to know the boat better....and when you read the survey....you know exactly what he is talking about.
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post #4 of 4 Old 09-11-2001
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servey/gurantee?

Oooops sorry, I failed to answer your most important question: If you offer your survey as a "guarantee that everything is alright", and that guarantee is in writing....and something goes wrong..... I would not want to be in your shoes. The buyer could effectively "force" you to rebuild the boat as the result of another survey. At the minimum....you will incur far more legal bills than you would ever want. Additionally, if the boat is of any size, say over 25 feet, and more than a certain number of years old....the financier and the insurance company are going to want a new survey....and they may specify the surveyor as well.
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