Thomas Wentworth wrote:

Dave ,,, here is an example of a problem that I haven't read about here...

Hypothetical story;

Buyer finds boat ,, boat is looking pretty good. Buyer and Seller come to
terms on price, subject to survey.


I wonder how your contract is worded. Many 'standard forms'
are worded such that you (the buyer) are liable to pay for
all kinds of things as well as giving up your deposit,
regrdless of the *result* of the survey & sea trial. I don't
know of such contracts being tested in court. But I do know
of a lot of brokers who are very very slow to return
deposits on deals that fall thru because of major
discrepancies in the survey.

When my wife & I were seriously boat shopping a few years
back, I sat down with our lawyer and wrote out my own sales
contract. When we made offers on boats, I gave it to the
broker... a few said "No, we only use our own contract form"
and we walked. Most of them then said, "Wait, come back,
we'll be glad to use your form."


The survey turns up deck problems. Say, some of the deck core is rotten and
the deck will need repair. Then, refinish I suppose.


Refinishing is a minor job if the deck panel is cut out
carefully & put back in place properly.


The Buyer decides to look around for a repair .. so that he/she can factor
in the repair cost and ask the Seller to work with him/her to get the repair
done and the deal done.

One problem.. the boatyards are so expensive that their repair will kill the
deal. What does the Buyer do now?


1- walk away, there are lots of boats out there for sale.
2- get the buyer to drop the price by the amount of the
repair, knowing that the repair will actually cost a minimum
of estimate +10%.
3- buy the boat anyway and regret it.
4- buy the boat anyway, ignore the problem, and have fun.

The Buyer can't go through with the deal even though he/she wants to buy the
boat.

Why does the buyer want to buy a headache? Is the buyer
friggin' nuts?



I guess what I am asking is: What happens if the repair isn't that
complicated but there isn't any affordable repair people in the area?

Either move the boat or fix it yourself. Deck core repairs
aren't hard. I've done it so it must be pretty easy

Tom, less hand-wringing, OK? It's not becoming in a grown
man and potential cruising sailor.

Fresh Breezes- Doug King