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  #111 (permalink)  
Old 09-08-2009
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JohnRPollard JohnRPollard is offline
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Quote:
Originally Posted by Curm View Post
Try dealing with that scenario if you've already signed the standard Yacht Broker's form. If you want to get out, say goodbye to your security deposit.
Curm,

I get the impression that you've never read the standard purchase agreement used with boats sold through brokers.

In the standard boat broker purchase agreement, the contract language is tremendously advantageous to the buyer. As I previously mentioned, the language allows the buyer to survey and sea-trial the vessel, after which the agreed purchase price may be accepted by the buyer, or it may be subject to renegotiation or rescission.

If the buyer does not like the shine of the gelcoat, or the way the boat sails, or its speed under power, etc etc, the buyer may walk away or renegotiate-- at the buyer's sole discretion.

Provided you meet your obligations under the purchase agreement, there is absolutely no problem getting your deposit back. It is held in escrow by the broker -- the seller never touches it -- and in most cases your check does not even get deposited until the purchase is consummated (in the case of both boats we've purchased, our deposit checks were returned to us and we wrote a second check at closing for the full amount.)

Your approach -- surveying first -- seems devised to address a problem that doesn't exist. Either that or you have -- as some do -- circumstances where previewing a vessel yourself is problematic. But most folks can and want to have a look at a boat themselves before making an offer -- and will save themselves the cost of the survey if they and the seller are unlikely ever to come to terms on a purchase price.

_________


Okay, those are just my opinions as a Sailnet member. But this thread was supposed to be a repository of helpful advice and tips for folks that plan to preview/inspect a boat themselves prior to making an offer. So now, as a moderator, I'm going to suggest that we take this other discussion to a new thread. If somebody wants to start a new thread titled along the lines of "Survey Before or After Making an Offer??", have at it. Let's not derail this one any further.
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  #112 (permalink)  
Old 09-08-2009
Curm Curm is offline
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Quote:
Originally Posted by JohnRPollard View Post
Curm,

I get the impression that you've never read the standard purchase agreement used with boats sold through brokers.

In the standard boat broker purchase agreement, the contract language is tremendously advantageous to the buyer. As I previously mentioned, the language allows the buyer to survey and sea-trial the vessel, after which the agreed purchase price may be accepted by the buyer, or it may be subject to renegotiation or rescission.
Yes, you can walk away unless the "acceptance date" has passed, less any expenses incurred by the broker or seller.

I don't see the standard agreement as particularly favorable to the buyer. The time is of the essence provision hurts the buyer, as does the warranty disclaimer at the end.
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  #113 (permalink)  
Old 09-08-2009
southwindphoto southwindphoto is offline
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Thanks for all the information. I’ve made check list with it.
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  #114 (permalink)  
Old 4 Weeks Ago
Shipislandpirate Shipislandpirate is offline
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Thank you so much for this post...I am currently in the process of buying my first boat..A Sabre 34 and you have help ease my fears of missing something and have gone ahead and made the offer subject to a survey and sea-trial...

John
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