Advise re purchase

[ozsailer]

Hello everyone,
I am in a bit of a funny situation and would like to hear your thoughts on my dilema. I bought our yacht 3 years ago and prior to purchasing the boat had a survey done by a a reputable surveyor. One of the big things was that I wanted was a solid fibreglass hull and would have walked away from a cored hull boat below the waterline.
I am currently having some work done on the hull relating to some osmosis I knew was in the hull when I bought the boat. The problems started to arise when we found the osmosis had got into cored material which is now making the job bigger then expected but quite repairable. The issue I have I wanted a solid glass hull, and would have walked away from the boat had I known it had a cored hull. The question I have is, do I have any recourse against the surveyor who in his report clearly states its one skin solid fibreglass. I live in Australia and I am unsure of what my options are, if any.

Greg and Sue

[Faster]

That's a rotten situation.... but I doubt that you have much ammunition for going after the surveyor. Generally there's enough disclaimer language in the fine print that sometimes you wonder why you're paying for this!

Was this (no coring) an express disqualifier in writing at any point in the transaction? Was a broker involved? I imagine your legal system is closer to ours (Canada) than the US, but I'd guess, esp after 3 years, that you'll be out of luck on that front.

[HDChopper]

Arggg ! This is one of my biggest fears while looking at boats as it's hard to fing good compleat info on all boats out there , as to whats cored & is not. ( without years of experance in the field )..

It would be a great addition to sailboat data ,com .

Good luck ozsailer...
As Faster says "Was this (no coring) an express disqualifier in writing at any point in the transaction? " .....this would be a great starting place/point..

[sailingfool]

Originally Posted by HDChopper

Arggg ! This is one of my biggest fears while looking at boats as it's hard to fing good compleat info on all boats out there , as to whats cored & is not. ( without years of experance in the field )..

It would be a great addition to sailboat data ,com .

Good luck ozsailer...
As Faster says "Was this (no coring) an express disqualifier in writing at any point in the transaction? " .....this would be a great starting place/point..

FWIW, a cored area in a laminate is immediately and obviously apparent, due to the increase in thickness, if any on the hull interior is visible, such as in a cockpit locker or under v berths. Why a surveyor would miss it is inexplicable, but so too that a buyer should.

[HDChopper]

Thanks sf , good info to add to my check list...

[bljones]

3 years.. THREE BLOODY YEARS???!!!???
Dude, you're on your own. Three years into ownership is way beyond caveat emptor and well into WTFland.
Normally I am all about being a consumer advocate, but come on... THREE YEARS ON you discover a) blisters, and b) a cored hull?
Come on!
You bought it, you own it, blisters and all.

[ozsailer]

Originally Posted by bljones

3 years.. THREE BLOODY YEARS???!!!???
Dude, you're on your own. Three years into ownership is way beyond caveat emptor and well into WTFland.
Normally I am all about being a consumer advocate, but come on... THREE YEARS ON you discover a) blisters, and b) a cored hull?
Come on!
You bought it, you own it, blisters and all.

Fair call in relation to the blisters, I was well aware that the boat has osmosis and went in with eyes wide open in regard to that. Being advised at the time that it was solid fibreglass and also written in his report was of no great concern as we even budgeted a full hul strip if required down the way. What I have a problem with was expressly asking and having confirmed that the hull was solid glass. I understand buyer beware and as such used the most reocomended serveyor I could locate to reduce or limit any flaws in the boat or items that needed repair or replacement. I am not an expert so I employed one. As stated I am looking for advise as to my options. If I have to suck it up then so be it and hope others learn from my misfortunes.

Ozsailer

[Omatako]

Yep, I reckon (as do others) that you're pretty much stuck with that one. As Faster said the surveyor would wrap his agreement up in discalimers and the seller probably wasn't asked if the hull is cored or not.

Sorry to continue the trend but . . . . suck it up, fix the boat as best you can and if still not happy, try to find a survyor for the next owner who doesn't spot the cored hull either.

[Ilenart]

Ozsailer,

depending on your documentation you maybe able to take action under negligence or under the trade practices act (which cannot be excluded under Australian law). However unless the issue of cored / solid fibreglass is mentioned in the report you would be hard pressed to make a case. Also with most lawyers charging $200-400 an hour the lawyer fee could quickly cost more than the repairs.

One option would be get an estimate of repairs then use it to negotiate with the surveyor to see if you can get him to contribute something.

Good luck!

Ilenart

[Minnewaska]

My gut says that recovering any cost or damages is going to be nearly impossible, but I have zero knowledge of Australian law. For what its' worth, I'm pretty sure that every survey contract I've signed limited any damages to the cost of the survey. I've had surveys done without a contract and they've almost always been the worst surveyors. Professionals use contracts in my experience.

What kind of boat is it? Was it custom or should hull construction be fairly common knowledge? Mine is a solid core, but I didn't need the surveyor to tell me, that's the only way they're made. Hopefully, you hired a certified surveyor. I would clearly report this discrepancy to the certification agency, at the very least, to be sure none of your mates suffer this incompetence as well.