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I was provided with a faulty survey from a previous owner of the vessel i bought. The broker gave me the survey. Any way i could go back after the broker for providing me with wrong information?
 

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I was provided with a faulty survey from a previous owner of the vessel i bought. The broker gave me the survey. Any way i could go back after the broker for providing me with wrong information?
Maybe it's different in Canada, but here in the U.S. it's caveat emptor. Buyer beware means you have an obligation to perform due diligence, and most sales contracts are loaded with disclaimers that put the onus of vessel inspection on the purchaser and which make no warranties about the condition of the vessel.

There are however exceptions due to fraud, malfeasance, etc. But if it's a simple case of you accepted an old survey as indication of the current condition of the vessel, that would not qualify.

More info needed.
 

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If you had paid for the survey and it proved faulty, you would have recourse against the surveyor.

If the broker had paid for the faulty survey and you relied upon it to help make your purchase decision, it might be possible for you to sue the broker. He could, in turn, sue the surveyor.

If the previous owner contracted and paid for the survey, you're SOL.
 

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Even if you paid the surveyor for the survey, you are SOL. I trust the survey report is filled with the usual caveats resolving the surveyor of any consequences for errors or oversights...

If you didn't hire an expert surveyor of your choice, you made a mistake and you just have to eat the results. Now you are experienced.

It would be interesting to readers to know what situation gives you to consider the survey a faulty survey
 

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Even if you paid the surveyor for the survey, you are SOL. I trust the survey report is filled with the usual caveats resolving the surveyor of any consequences for errors or oversights...

This is not quite correct. I won't offer any legal advice here except to say that there is recourse here if and only if you contracted for the survey, regardless of what stipulations may be contained therein. If the typical claims made in most surveys effectively limited a surveyor's liability as is implied above, there would be no need for surevyors to uniformly carry E&O (Errors and Omissions) liability insurance which they do for this precise reason.

The real uncertainty here is whether or not you contracted for the survey and the value of the boat which would limit liability in most states (to that amount).
 

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what was missed? minor things are not going to ge much traction. big, obvious issues are another matter.
 

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I agree with SF, "now you are EXPERIENCED" Hope you saved enough $ on the survey to help medicate the oversight.
 

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what was missed? minor things are not going to ge much traction. big, obvious issues are another matter.
well the survey said the decks were in sound condition. I just had a surveyor and shipwright coming on the boat and they clearly stated that the rot in the decks has been going on for years...
 

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Ça fait maintenant deux ans depuis l'expertise, et il peut se faire bien des choses avec les ponts laminés en deux ans - surtout au Canada, avec le gel qu'il y a pendant l'hiver. Quand il l'aurait vu, en 2007, ça aurait pu être toujours bien solide. Tu n'as rien remarqué toi-même pendant ta première saison, ou est-ce que tu as vu qqch qui t'as fait chercher un autre expert pour verifier? Il me semble que les chevaux sont déjà sortis; c'est un peu tard pour fermer les portes de l'écurie maintenant.
 

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Discussion Starter #14
What was the date of the survey and when did you buy the boat?
Well, the broker provided me with the survey. I think the broker provided me with wrongfull information. Whether he knew about the deck issue is another thing but he still gave me that information.
 

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A survey is like a picture, it shows the the condition of the boat on the day of the survey. Not 14 months later. What stopped you from getting your own survey?

Would you buy a used car from a used car salesman who said that a mechanic looked at the car that you were interested in 14 months ago and that mechanic said it was OK?

I don't want to offend you, But are you interested in buying a bridge?
 

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How did he provide you with the survey? Did he hand it to you? Did he hand it to you and say this is the most recent survey? Did he hand it to you and say this is the most recent survey and you don't need one?

Did you inspect the boat, and walk on the deck before the purchase? All the advertising information and information provided by the brokers have so many disclaimers they can tell you anything it is all considered sales puffing. The disclaimers alone tell you it is all BS. You have to become your own subject matter expert. Welcome to the world of used boat buying.

I do wish you the best and hope you can purse a claim against the Broker or Seller but I fear you won't get far. Did you finance the boat, you may want to get your lender involved they carry a bigger stick.

BTW post a copy of the survey so we can see the wording.
 

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ha! I just got reamed a similar way, except I paid for my survey... oh well, not much to be done now (except a lot of boat repairs), even with the big problems the first surveyor missed I think I got a good deal on the boat.
 

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Well, the broker provided me with the survey. I think the broker provided me with wrongfull information. Whether he knew about the deck issue is another thing but he still gave me that information.
You may have recourse. IANAL, so I don't know. But I'll say this: IMO you screwed up. You never take consultation from somebody who is not working on your behalf. A survey paid for by somebody else was not done on your behalf.

When we were buying our boat, I had the option of approaching the prior potential buyer, who had had a survey done, with the offer of "buying" the survey from him for half what a new survey would've cost me. And some might say that would've made sense, since it'd been performed just months before and I was going to use the same surveyor, anyway.

I paid to have my own survey done. And I paid a premium to be there during the survey.

I don't get why people are willing to spend thousands on big-ticket items like boats and homes, but get all tight-fisted when it comes to hiring a professional like a surveyor, home inspector or a real estate attorney, to make sure everything is in order.

Btw: It is not uncommon for surveyors to disagree about the condition of a boat's core. My surveyor felt parts of the core on our deck were "marginal." The surveyor and boat-builder who inspected it for the seller felt the core was fine throughout. (For reasons I won't go into, I have reason to trust both the PO's word on this and the other surveyor's belief in his own evaluation.)

Jim
 

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well the survey said the decks were in sound condition. I just had a surveyor and shipwright coming on the boat and they clearly stated that the rot in the decks has been going on for years...
So that your pain will provide the most benefit...going into the future, whenever a hesitating boat buyer posts another edition of the the recurring thread that goes something like "...so do I really need a survey...", I'll skip my long answer and just post a link to this tread. Maybe the MOD can make it a sticky.

As to sueing someone, I'd say you are way up the creek without a paddle, you have no one to blame but yourself.
 
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