Seller agreed to offer, but set a clause,"no discounts after survey" - Page 4 - SailNet Community
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post #31 of 71 Old 09-27-2012
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Re: Seller agreed to offer, but set a clause,"no discounts after survey"

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Originally Posted by Maine Sail View Post
The seller is just telling you that you've negotiated your best price and there is no more room.

If you want the boat go for the survey. Remember the survey, for all intense & purposes, is so you can get insurance and know the boat is safe.

They are not intended, as many people try to use them, as a further negotiation tool. Sounds to me like the seller is an experienced seller and been through the nickle & dime dance before.
I agree, the seller may tell you anything he wants. His personal experience is not something I am interested in and he probably feels the same way about me. It's just business.

As for rest, I respectfully disagree.

For example, insurance surveys don't test engine compression, they only care if it runs, isn't leaking fuel into the bilge, and isn't about to fall off it's mounts.

Some buyers are not inclined to look at the nuts and bolts. We all know people who are brilliant, yet can't seem to attach the socket to the end of the ratchet.

For many, when getting involved in a large purchase we let our emotions get in the way of the decision making process.

There are plenty of dishonest brokers and sellers. A good surveyor is like having a good lawyer on your side. He finds the mechanical and structural loop holes, the things the buyer may not understand, explains them to you and assists you in making an informed decision.

Caveat Emptor
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post #32 of 71 Old 09-27-2012
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Re: Seller agreed to offer, but set a clause,"no discounts after survey"

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....

For example, insurance surveys don't test engine compression, they only care if it runs, isn't leaking fuel into the bilge, and isn't about to fall off it's mounts.
.....
There are plenty of dishonest brokers and sellers. A good surveyor is like having a good lawyer on your side. He finds the mechanical and structural loop holes, the things the buyer may not understand, explains them to you and assists you in making an informed decision.

Caveat Emptor
Rob,

I am not certain how the compression comment fits into your intent...but FWIW all surveys I've had, insurance and purchase, and in those I have read, the surveyors commented at best on the visual appearance of the engine and standing rigging, and exclude their condition from their scope. So the good lawyer comment, which is quite wise, should include an engine mechanic and rigger as part of the team.

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post #33 of 71 Old 09-27-2012
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Re: Seller agreed to offer, but set a clause,"no discounts after survey"

So, where's the OP?

Baggett and Sons Marine Restoration
The Landing at Colony Wharf
Bellingham, WA.

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post #34 of 71 Old 09-27-2012 Thread Starter
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Re: Seller agreed to offer, but set a clause,"no discounts after survey"

Thank you all for the comments and suggestions. I rejected the Purchase and sell agreement that contained the clause. The broker sated, "the seller is already mad and you will loose the boat" How can you loose something you don't have? And why should emotions be part of the negotiation? In any case, the seller took the clause off and we are moving on with the purchase. Thanks and see you in the Bahamas.
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post #35 of 71 Old 09-27-2012
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Re: Seller agreed to offer, but set a clause,"no discounts after survey"

Seems to happen frequently on sailnet - the OP disappears in a sea of helpful suggestions...

Not this particular OP, but some seem to post in order to receive reaffirmation of their thoughts and proposed course of action. When they instead receive different viewpoints and ideas, some of which they may not have considered, they bail and are never heard from again.

Many are uncomfortable with the fact that truth often emerges from controversy and conflict.
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post #36 of 71 Old 09-27-2012
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Re: Seller agreed to offer, but set a clause,"no discounts after survey"

Good for you, Nmejicano! The steel balls approach worked.
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post #37 of 71 Old 09-27-2012
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Re: Seller agreed to offer, but set a clause,"no discounts after survey"

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Rob,

I am not certain how the compression comment fits into your intent...but FWIW all surveys I've had, insurance and purchase, and in those I have read, the surveyors commented at best on the visual appearance of the engine and standing rigging, and exclude their condition from their scope. So the good lawyer comment, which is quite wise, should include an engine mechanic and rigger as part of the team.
I agree, yet, it can get complicated.

For example, one surveyor I used was also a certified Yanmar mechanic. He did a compression check, looked at the alignment, etc. He also did a visual on the rigging and suggested I get a rigger to look at it.

It would also depend on the price point of the boat. For example, if the rigging is 40 yrs old I might put my rigging $$ into simply replacing the standing rigging.
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post #38 of 71 Old 09-27-2012
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Re: Seller agreed to offer, but set a clause,"no discounts after survey"

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The broker sated, "the seller is already mad and you will loose the boat"

Hilarious.

And sad, because some poor fool might actually fall for that line.
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post #39 of 71 Old 09-27-2012
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Re: Seller agreed to offer, but set a clause,"no discounts after survey"

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The broker sated, "the seller is already mad and you will loose the boat"
So what if the seller is insane... This is the broker's, not your, problem.

This is a transaction pure and simple. Tell the broker that his psychological assessment of the owner is irrelevant to whether this transaction takes place (and he gets paid).
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post #40 of 71 Old 09-27-2012
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Re: Seller agreed to offer, but set a clause,"no discounts after survey"

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I was looking for a Gemini 105 MC, I looked at several during the last year and found many in a sad shape and a few with exaggerated prices. Last Saturday, while inspecting an MC, we were pointed toward a 1996 M and we were very impressed with the boat, immaculate maintained with many extras, clean engine, new wiring, a 2100 dollar Garmin, a brand new dinghy, new upholstery, a new AC unit etc, etc, etc. So far the best boat we have seen. We offered the owner 15% less than the asking price, he counter offered and we offered 10% less than the asking price and he accepted. Here is the question and dilemma. On the Purchase and Sell Agreement accepting my offer he wrote, "No price reduction after survey". I know I can reject the boat, but then I will be out of the cost of the survey, haul out and my traveling expenses for an out of State trip. What do you guys suggest?
Thanks

He has accepted your reduced offer. Make sure your deal is subject to a satisfactory survey. If the boat is OK with only minor issues then you have already agreed to buy it at the agreed on price.

If the boat has major issues then the "subject to survey" clause kicks in and you pull your offer. Nothing stopping you at that point from making a new offer which would be likely your original offer less the cost of fixing the newly found problems.

The survey is for you not for the owner. It is your own cost and he should not pay for it up front or by price reduction

It is a used boat. Your offer was made and accepted on that basis. if you want a new boat then go pay someone else a whole lot more and get a beneteau ....

Mike

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