[bshock]

Hi All,

Sad but happy time for my wife and me; we decided to put our boat on the market and someone is on the cusp of buying our boat. But now there is a potential kerfuffle because of a lack of understanding about what accessories are included in the sale. Nothing was stipulated, and I plan on getting another boat so had intended on getting most of my dock lines, fenders, non-mounted TV, and other loose items. When I told my broker I still need to get personal items, such as these just mentioned, off the boat and that perhaps we should wait to close until that is accomplished, he came back with his interpretation that dock lines and fenders are part of the boat. I pushed back on that and told him I didn't agree. This is the first time I'm selling a boat through a broker.

We so far into the process; the buyer's survey came back "clean," and I've signed all closing paperwork except for the USCG documentation certificate. the buy/sell agreement did not have a list of "vessel's inventory," which I noted in red on my signed copy. this is probably $500+ worth of stuff.

Am I being unreasonable?

 

[garymalmgren]

Am I being unreasonable?

Simple question.
If you had inspected the boat and seen that gear aboard , would you expect them to be part of the package?

 

[boatpoker]

Yes you are.
Anything not specifically excluded is by default ... included.

 

[SanderO]

Dock lines and fenders are "part of the boat". You should have removed anything that was not part of the sale.

 

[bshock]

Okay, thanks folks. Lesson learned I guess. My thought process for not removing everything was simply because I was skeptical the boat would sell. Meaning I would be sailing the boat in 2023. I didn't want to remove a truck load of gear from the boat just to have to haul it all back in the spring.

 

[SanderO]

Okay, thanks folks. Lesson learned I guess. My thought process for not removing everything was simply because I was skeptical the boat would sell. Meaning I would be sailing the boat in 2023. I didn't want to remove a truck load of gear from the boat just to have to haul it all back in the spring.

Hopefully you don't need a truckload of gear to sail your boat.

 

[MarkofSeaLife]

IMHO anything on the boat when you show it goes with the boat unless specifically excluded from the sale.

Not only that the Broker wants a 'clean' boat to sell, ie none of your stuff on it.

As to fenders, etc. If they were removed the boat would float away (if at a marina) so they go with the boat


Now, the $500+ you have blown. Look at it this way, your next boat is going to have that stuff anyway. All new boats come with it, and so do most/all PO'd boats

What would you do with double the number of fenders?


Mark

 

[JToben]

Hi All,

Sad but happy time for my wife and me; we decided to put our boat on the market and someone is on the cusp of buying our boat. But now there is a potential kerfuffle because of a lack of understanding about what accessories are included in the sale. Nothing was stipulated, and I plan on getting another boat so had intended on getting most of my dock lines, fenders, non-mounted TV, and other loose items. When I told my broker I still need to get personal items, such as these just mentioned, off the boat and that perhaps we should wait to close until that is accomplished, he came back with his interpretation that dock lines and fenders are part of the boat. I pushed back on that and told him I didn't agree. This is the first time I'm selling a boat through a broker.

We so far into the process; the buyer's survey came back "clean," and I've signed all closing paperwork except for the USCG documentation certificate. the buy/sell agreement did not have a list of "vessel's inventory," which I noted in red on my signed copy. this is probably $500+ worth of stuff.

Am I being unreasonable?

Hi All,

Sad but happy time for my wife and me; we decided to put our boat on the market and someone is on the cusp of buying our boat. But now there is a potential kerfuffle because of a lack of understanding about what accessories are included in the sale. Nothing was stipulated, and I plan on getting another boat so had intended on getting most of my dock lines, fenders, non-mounted TV, and other loose items. When I told my broker I still need to get personal items, such as these just mentioned, off the boat and that perhaps we should wait to close until that is accomplished, he came back with his interpretation that dock lines and fenders are part of the boat. I pushed back on that and told him I didn't agree. This is the first time I'm selling a boat through a broker.

We so far into the process; the buyer's survey came back "clean," and I've signed all closing paperwork except for the USCG documentation certificate. the buy/sell agreement did not have a list of "vessel's inventory," which I noted in red on my signed copy. this is probably $500+ worth of stuff.

Am I being unreasonable?

So sorry. You are probably in the wrong here. We had the same thought about “downsizing” when we were selling our boat by owner, 5 years ago. For that reason we listed a very detailed inventory of what was to be included in the boat to the buyer. We added a clause that anything else that was currently on the boat for our sailing use was excluded from sale. We then listed items that were negotiable. It made for a much longer purchase contract, but was well worth it in the end. We had purchased a lot of gear for tropics sailing that would not be needed in the Great Lakes where we were selling the boat. We eventually sold much of that “cruising” equipment on eBay and recouped several thousands of dollars more.
A good lesson for anyone selling or even considering buying a boat. Make sure all the details are in writing and no assumptions made. We still see the new owner of our 36‘ boat after 5 years with a good relationship. Brokers often don’t want to take the time and trouble to make this kind of detailed purchase contract, so be ready to do this kind of listing yourself and make sure it is an addendum to the agreement.
We also learned the hard way when we bought a 30’ used sailboat 28 years ago and the PO was planning to ”strip” the boat. It was a tough negotiation since nothing about equipment was in writing. We eventually prevailed but only after threatening to pull the offer. No broker involved there either.

 

[wrwakefield]

Next time you list a boat make sure to also itimize anything that 'Does not convey'. This is common practice the broker should have made you aware of by asking that question...

RE: Fenders and docklines conveying with the sale- that would also be my assumption as a buyer. Otherwise are you asking the buyer to show up with new fenders and docklines and retie the boat to the dock? Not reasonable in my view.

Best wishes finding your next boat!

Cheers, Bill

 

[MikeOReilly]

Late to the party, but I agree with the consensus. If it's on the boat when it's being sold, then the assumption must be it goes with the boat. Here is where you would need to explicitly state: "lines, fenders, etc. are NOT included in the sale." Or you can list an inventory of what IS included. But stuff like that normally goes with the boat.

I had a dockmate go through this last season. The story is complicated, but his boat was being sold but he didn't really want to do it. Anyway, after the sale was agreed, he went around the yard, giving away and selling off all the accessories like dinghy and bikes and lines.

He later had to go around and buy it all back when the boat buyer insisted on getting what he paid for. Awkward and difficult. He'd offered me a lot of stuff, but I declined (what do I need with more stuff??). All I ended up with was a jar of herbs de Provence.

I kept it. Hope the new owner didn't miss it .

 

[bshock]

Thanks all, I appreciate the comments.

 

[Jasonfishing]

It's up to you.how bad do you want your stuff.
What's the value of these things your mentioning?you have the final say.
As does the buyers.do they like what your selling well anough without the extras?
As far as the broker: these guys sell stuff with phantom buyers to drive the price on bargains higher to get more commission without regard to anyone's feelings.i say stuff the salesmen in the dunk without a paddle.🧐🏴‍☠️⚔

 

[Jeff_H]

I always tackle this backwards of what is said above. When I sell a boat or make an offer on a boat, I produce a detailed inventory of everything that is expected to go with the boat. That might include number of lines and fenders and the like. At the bottom of the inventory is a disclaimer that says words to the effect of. "All items which are physically attached to the boat shall be conveyed to the seller at purchase. Any items not included in the inventory or which is not attached to the boat, shall be construed to be implicitly or expressly conveyed with the sale of the boat."
Normally, the broker pushes a seller to produce the inventory in advance so it can be embedded in any purchase agreement.

Jeff

 

[bshock]

Thanks again, folks. I think the broker and I have come to an agreement. I left a lot of stuff that I hadn't thought would be included in the sale, but I took some stuff too.

Now to find my 20-22ft racer/cruiser. Hopefully I don't have to look too long.

 

[jimellifritt]

Hi All,

Sad but happy time for my wife and me; we decided to put our boat on the market and someone is on the cusp of buying our boat. But now there is a potential kerfuffle because of a lack of understanding about what accessories are included in the sale. Nothing was stipulated, and I plan on getting another boat so had intended on getting most of my dock lines, fenders, non-mounted TV, and other loose items. When I told my broker I still need to get personal items, such as these just mentioned, off the boat and that perhaps we should wait to close until that is accomplished, he came back with his interpretation that dock lines and fenders are part of the boat. I pushed back on that and told him I didn't agree. This is the first time I'm selling a boat through a broker.

We so far into the process; the buyer's survey came back "clean," and I've signed all closing paperwork except for the USCG documentation certificate. the buy/sell agreement did not have a list of "vessel's inventory," which I noted in red on my signed copy. this is probably $500+ worth of stuff.

Am I being unreasonable?

Yes you are being unreasonable. Specific things that were not to be part of the sale should have been removed or annotated.

 

[Ineptune]

Glad it worked out. Things usually do. New boat sellers can learn from this.