Seller agreed to offer, but set a clause,"no discounts after survey" - Page 5 - SailNet Community
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post #41 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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So he already dropped his selling price and "now" you want to add(subtract) survey and sea trial discounts on top....??Isn't that double dipping...?

Seems you should start at the "asking price...subtract the defects noted in survey/sea trial (which may be great or inconsequential) and then "discount" the offer even more if you feel lucky...

That's like negotiating best price on a new car and "then" asking how much for my trade in...


I have to disagree. Asking price and market value are rarely the same. Lets face it sellers always ask more than they are willing to settle for. The negotiated price is the correct starting point for any adjustments. That new car also comes with a warranty whereas a used boat will not. The vendor can always refuse a new price.

I do agree with you that the buyer would be bound to acquire the boat at the negotiated price even if the survey finds minor problems. I would think, unless he had sufficient reason to reject the boat based on the survey, that the buyer could be liable for any loss the seller may incur in selling it at a lower price on the basis the buyer acted in bad faith in walking away when the survey was ok.
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post #42 of 71 Old 09-27-2012
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Re: Seller agreed to offer, but set a clause,"no discounts after survey"

I'll have to "agree to disagree" with that statement, delite, as every boat I've sold, and there's only been 5 of them, but the "asking price" WAS the "selling price". I take into consideration what the boat needed vs. market value of a boat that didn't need that and priced accordingly. It was interesting in each instance to watch the responses of the folks that purchased or even just looked at the boats as this isn't the "norm" I guess. As a matter of fact, I can pinpoint 3 different people that were rather upset when someone else purchased "their boat" because they each had a hard time digesting what I was saying. It's simple; I've spent enough time on boats of all types to know what needs to be done and what doesn't. I never "over priced" any of those boats, and more than likely was under market value on the majority.

To the OP, glad it "worked out" for you, but I'm not sure what's changed, outside of the fact that words were removed from a piece of paper? I think you're still going to be out the cost of a survey, et al, if this deal doesn't go through, but I guess if you're more comfortable then that's all that matters. I think the biggest issue with this particular seller is there are a LOT of people out in the market just trying to "steal" because of it being such a "buyer's market" and truth be told, it gets rather annoying weeding through all those folks. I wouldn't let it be a reflection on you, but I bet it's safe to say that if the surveyor comes back and says "the brightwork isn't fresh enough" and you try to get a $500 discount you'll more than likely be told to "pound sand", lol.

Good luck, keep us posted, and the MOST important thing is to make sure you take and share plenty of pictures if and when you buy her.
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post #43 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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but I bet it's safe to say that if the surveyor comes back and says "the brightwork isn't fresh enough" and you try to get a $500 discount you'll more than likely be told to "pound sand", lol.
This is exactly what I'm talking about...

And if the surveyor comes back and says "the keel/strut and prop are missing....

Then that's a deal "breaker"... Done... no obligation from either party...

Now, if you want, you can start "new" negotiations...or not...

No semantics here...

"Might as well take 'er out...If anything is gonna happen...It's gonna happen out there..."
"Captin Ron"

Last edited by Squidd; 09-27-2012 at 04:41 PM.
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post #44 of 71 Old 09-27-2012
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Re: Seller agreed to offer, but set a clause,"no discounts after survey"

emoney you sound like a very knowledgeable and fair person who knows the market. Many buyers and sellers dont and arent as knowledgeable or fair and some cultures just like to negotiate, in some cases even after the deal is done. Great if you are able to set a price and get exactly what you wanted. Clearly the buyers found you to be honest in what you said about your boats and you offered them at realistic prices. In most cases the dance is somewhat different as you have seen in your own experiences with buyers and their expectations.
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post #45 of 71 Old 09-27-2012
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Re: Seller agreed to offer, but set a clause,"no discounts after survey"

Tell him to take his boat and ram it up his rear sideways.
"No discounts after survey"?
Yea right.
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post #46 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'll have to "agree to disagree" with that statement, delite, as every boat I've sold, and there's only been 5 of them, but the "asking price" WAS the "selling price". .
This is pretty much how I've done it for the few things I have sold. I'm usually not pressed to sell by a certain time and I think I try and be reasonable on price. I've sold two homes like that and neither were what you would call conventional homes, but in both cases there were two buyers that wanted them at the same time.

When we finally get to where we have to sell one or both of our boats I hope it works about the same way. We do realize that we are going to loose money on both of them, but the experiences we have had owning them are priceless.

I have stacks of receipts for both and Ruth wanted to keep a running total, but I hexed that. I said they are only going to be worth what the market will bear when we finally put them up for sale. I keep the receipts so that I can remember what I bought and where in case someone asks or we need to replace something,

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Re: Seller agreed to offer, but set a clause,"no discounts after survey"

I had a surveyor look over at me during a survey and say "you know this boat was sunk, right?" Well I didn't, and the seller pretended not to know, despite there being a very concealing house-type trim around the walls, 8 inches above the cabin sole. She must have sunk in her slip and there was a clear waterline 6 inches above the cabin sole.

When inspecting the engine compartment, he said "There was a fire in here." It was a small electrical fire, apparently.

This was a boat that the sellers treated as "their baby". It was a Beneteau 423 "DragonFly" out of Annapolis.

When I pulled out of the deal, they wanted a copy of the survey for free. That was my $800 survey. I would have given them a copy for 1/2 price. But I think they started calling my surveyor directly. Being a few states away, I'm not sure what happened after that, but they stopped calling me for it.

--

On another survey, George Gallup (excellent surveyor) told me flat out that boat was not worth the agreed price. The seller and I never came to agreement on a new price, so I didn't get the boat.

---

Two good reasons to get a survey. Just make sure you can walk away from the deal for any reason if you choose.

Regards,
Brad
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post #48 of 71 Old 09-27-2012
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Re: Seller agreed to offer, but set a clause,"no discounts after survey"

Great examples of why you can never be "out $$" when it comes to a survey. The only way you can be out money is to NOT get a survey. I'd rather spend $800.00 to avoid a $28000 mistake any day of the week.
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post #49 of 71 Old 09-28-2012
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Re: Seller agreed to offer, but set a clause,"no discounts after survey"

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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.
We're pulling for you. It's best that you are comfortable, but im afraid this was a shallow victory. Nothing has changed. The seller will still not be required to accept any post survey adjustments and their frame of mind to do so has already been telegraphed.


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post #50 of 71 Old 09-28-2012 Thread Starter
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Re: Seller agreed to offer, but set a clause,"no discounts after survey"

Thanks to all of you for your comments and helpful suggestions. The issue was resolved, the seller to the clause off and we are moving forward. I am willing to deal with the minor problems (up to a point) that will be uncovered, but anything major will be up for negotiation. I feel that the seller and sometime the brokers, who do have a financial interest in the transaction, believe that if the buyer spend the money for the survey etc. they are already committed and will not back out. Wrong!
Now, I am looking for a surveyor in the Brunswick, GA area or the Jacksonville, FL area.
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