Advise re purchase - SailNet Community

   Search Sailnet:

 forums  store  


Quick Menu
Forums           
Articles          
Galleries        
Boat Reviews  
Classifieds     
Search SailNet 
Boat Search (new)

Shop the
SailNet Store
Anchor Locker
Boatbuilding & Repair
Charts
Clothing
Electrical
Electronics
Engine
Hatches and Portlights
Interior And Galley
Maintenance
Marine Electronics
Navigation
Other Items
Plumbing and Pumps
Rigging
Safety
Sailing Hardware
Trailer & Watersports
Clearance Items

Advertise Here






Go Back   SailNet Community > General Interest > General Discussion (sailing related)
 Not a Member? 


Reply
 
LinkBack Thread Tools
  #1  
Old 12-05-2010
Member
 
Join Date: Aug 2007
Posts: 36
Thanks: 0
Thanked 0 Times in 0 Posts
Rep Power: 0
ozsailer is on a distinguished road
Advise re purchase

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

Last edited by ozsailer; 12-05-2010 at 07:01 PM.
Reply With Quote Share with Facebook
  #2  
Old 12-05-2010
Faster's Avatar
Just another Moderator
 
Join Date: Sep 2005
Location: New Westminster, BC
Posts: 14,627
Thanks: 68
Thanked 187 Times in 179 Posts
Rep Power: 10
Faster has a spectacular aura about Faster has a spectacular aura about Faster has a spectacular aura about
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.
__________________
Ron

1984 Fast/Nicholson 345 "FastForward"

".. there is much you could do at sea with common sense.. and very little you could do without it.."
Capt G E Ericson (from "The Cruel Sea" by Nicholas Monsarrat)
Reply With Quote Share with Facebook
  #3  
Old 12-05-2010
HDChopper's Avatar
Needing Apehanger Helm
 
Join Date: Oct 2010
Location: AZ
Posts: 495
Thanks: 0
Thanked 1 Time in 1 Post
Rep Power: 4
HDChopper is on a distinguished road
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..
__________________
There is no right way to do the wrong thing
Reply With Quote Share with Facebook
  #4  
Old 12-05-2010
ASA and PSIA Instructor
 
Join Date: Apr 2000
Posts: 3,436
Thanks: 6
Thanked 17 Times in 17 Posts
Rep Power: 15
sailingfool will become famous soon enough
Quote:
Originally Posted by HDChopper View Post
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.
__________________
Certified...in several regards...
Reply With Quote Share with Facebook
  #5  
Old 12-05-2010
HDChopper's Avatar
Needing Apehanger Helm
 
Join Date: Oct 2010
Location: AZ
Posts: 495
Thanks: 0
Thanked 1 Time in 1 Post
Rep Power: 4
HDChopper is on a distinguished road
Thanks sf , good info to add to my check list...
__________________
There is no right way to do the wrong thing
Reply With Quote Share with Facebook
  #6  
Old 12-05-2010
bljones's Avatar
Senior Member
 
Join Date: Oct 2008
Location: South Coast Ontario
Posts: 8,135
Thanks: 32
Thanked 71 Times in 64 Posts
Rep Power: 7
bljones has a spectacular aura about bljones has a spectacular aura about
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.
Reply With Quote Share with Facebook
  #7  
Old 12-05-2010
Member
 
Join Date: Aug 2007
Posts: 36
Thanks: 0
Thanked 0 Times in 0 Posts
Rep Power: 0
ozsailer is on a distinguished road
Quote:
Originally Posted by bljones View Post
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
Reply With Quote Share with Facebook
  #8  
Old 12-06-2010
Omatako's Avatar
Senior Member
 
Join Date: Sep 2003
Location: Auckland New Zealand
Posts: 2,400
Thanks: 0
Thanked 27 Times in 24 Posts
Rep Power: 11
Omatako will become famous soon enough
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.
__________________

To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.

__________________

"Two possibilities exist: Either we are alone in the Universe or we are not. Both are equally terrifying."

Arthur C. Clarke
Reply With Quote Share with Facebook
  #9  
Old 12-06-2010
Ilenart's Avatar
Senior Member
 
Join Date: Jul 2007
Location: West Australia
Posts: 508
Thanks: 0
Thanked 1 Time in 1 Post
Rep Power: 8
Ilenart is on a distinguished road
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
Reply With Quote Share with Facebook
  #10  
Old 12-06-2010
Senior Member
 
Join Date: Feb 2010
Location: Narragansett Bay
Posts: 8,847
Thanks: 10
Thanked 131 Times in 117 Posts
Rep Power: 6
Minnewaska will become famous soon enough Minnewaska will become famous soon enough
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.
Reply With Quote Share with Facebook
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

 
Posting Rules
You may post new threads
You may post replies
You may post attachments
You may edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Windlass Advise (Please) dave6330 Gear & Maintenance 31 01-19-2010 12:31 PM
advise please NAIT Introduce Yourself 9 06-13-2009 08:06 AM
Advise needed ! dbruce85 Boat Review and Purchase Forum 5 10-21-2008 11:48 AM
Your advise? merttan Boat Review and Purchase Forum 36 11-08-2007 12:56 PM


All times are GMT -4. The time now is 07:21 AM.

Add to My Yahoo!         
Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
SEO by vBSEO 3.6.1
(c) Marine.com LLC 2000-2012

The SailNet.com store is owned and operated by a company independent of the SailNet.com forum. You are now leaving the SailNet forum. Click OK to continue or Cancel to return to the SailNet forum.