Unfortunate series of circumstances.. Maybe you could share the surveyor's name via PM? That's steep and I would have hoped he'd have at least been able to deduct that "New" was not.
Good bones, though, I think.. as you say the next owner will be happy...
There have been a few annoying mistakes, even based on the info the owner gave him, the year of the engine was wrong(he listed it as new in 2010, but had been told it was new in 2011)
One of the recommendations we'd agreed on was put in the wrong section(fix within 30, instead of do not use until resolved) which put me in a bind.
I was told I'd get the formal survey by the purchase date, but didn't get it until I called up and asked again, when everyone was out of their office. He'd put it on his bosses desk but nobody actually got it to me. I finally got through to him because the guy running the shipyard had his contact info.
He did cover himself, in the formal survey it notes in legalese that areas of the boat were inaccessible due to liner, etc. It also says that no observations were made of anything above the deck, and that the engine should be checked out by a mechanic and no formal observations of it would be made.
I am surprised too that he didn't at least notice the new/not new, it was something we'd talked about in combination with the tank capacity as reasons I was very interested in Antares as a potential long term boat. Tank capacity I told him what I was told, but the paper survey ended up listing estimated tank sizes based on stock tanks(still bigger than my fuel tank is I believe). No mention that it was likely a liters to gallons conversion issue(same with holding tank). On the plus side he pointed out the loose zinc on the prop so I could replace it at the time.
I had a quote from a couple places for 500$ including haul out. I paid 24$/ft+152$ for the haulout on top.
I felt it was worth it for the thoroughness, since I started to get some reservations when the owner pushed the time frame harder.
a) Call a good lawyer, the initial consultation should be free. The original owner misrepresented what he was selling in writing.
b) A complaint to the surveyor should be good to get the price of the survey refunded. If not, see a)
You may still have a good boat, but it would be a better boat if the price reflected its actual condition.
a) I'm going to talk to the owner first, he's away most of the week though. I have a healthy dislike of lawyering up and going after someone unless we can't sort out our issues sensibly on our own. Especially since I think the misrepresentation wasn't intentional. Sorting out one way or another is required. Especially now that I'm in contact with the previous previous owner who has much the same story, the guy before HIM apparently did the upgrades, then had to sell. Some of which may have been pre-2000. The Jabasco head is also not new 2011, and the pump leaks. As does the sink freshwater tap, though I was told that part way through the sale at least.
b) The surveyor's caveats(which we didn't discuss during the verbal run-down of the survey at the time) covers him. He still did his job, most of it very well, he just didn't do a couple parts of it well at all IMO. However things like the track the mainsail travels on I would consider on the deck, not above the deck rigging, and it requires removal and fixing because the wood underneath is swelled up/sticking out and decaying and it jams the travel of the piece that connects to the main-sheet.
It sounds like your surveyor didn't have the owner's "claims" in hand when they did the survey, and was just looking at the condition of the boat against the cost? I say this, because I can't believe that any cruising main for a 30-ft boat is worth $9,000 (as stated in your description) and the surveyor should have certainly told you that at least. Were you there for the survey?
You might have cause to take some of it up with the surveyor. But maybe you're overworried about the engine. Hard to picture a 96 Yanmar rusting through anywhere, except maybe the exhaust elbow.
Anyway, I hope it's better than you are thinking.
Yes he did, we specifically discussed the motor and sail being new and valuable, he agreed that I was buying the motor/sail with an older boat that needed work attached. I was present at the survey, we went over some things together, he gave me some tips on places to pick up the parts I'd need for some of the minor stuff, and pointed out some things that weren't relevant to the survey but that I should fix. At the end we spent a half hour doing a verbal run down of all the points he'd noticed. A couple of the things that made it into the written survey which I got 8 days later, 4 days after I should have had it weren't discussed at the time(the corrosion on the water injection, the oil in the bilge and by extension where it was coming from, I was told by the owner later that it was just dribbles from filling the oil since it was awkward to get around the engine.)
I am surprised too, Mitiempo spotted the engine issue, and he's on the internet!
The weird part is that he lists the model and serial, and a build age of 2010(not 2011), but they stopped making them earlier, and the previous owner thinks that it is a '96 as Mitiempo spotted from Victoria, and had a rebuild(maybe even a full one, though the quality of the paint job makes me wonder, engine coloured paint all over the plastic yellow oil cap on the front only makes me wonder...) Yanmar lists the engine model as built from 1983 to 2005, as does Wikipedia.
Apparently most boat diesels get about 1000 hours per decade, so I suppose I should estimate it at 1600 hours and add the hours meter back on.
I guess overall I'm annoyed, and disappointed in some people, though I don't think it was malicious, but a series of small mistakes, exaggerations etc that added up. I would hope that most sellers would at least check the dates of things they are claiming were done in the past year.
Hindsight is 20/20, but I couldn't have seen a lot of this before I knew more, I was relying on the surveyor and owner and the fact that so much had been done this year as guides to the purchase, I thought I was playing it safe vs the boats I liked better.
Enough bitching on my part I think, I'm going to go run some errands and get a start on cleaning Antares. I'll meet with the seller this week, and hopefully we'll figure out where I'm actually at right now, and where to go from here. He's still a good guy, and I'll still have a beer with him, I just won't buy another boat from him.
If anyone feels like stopping by to say hi, feel free, other than this week I'm there 10am-2:30pm most days.
The beers are as cold as the hull can make em, but the rum tastes fine either way