Diaster in waiting....
UglyDan®©™ wrote:
Regarding paragraph 6a.
FWIW, I've never let any surveyor I hired near the owner or broker of
any boat that I PAID to have surveyed. Surveys are considered
confidential ,and should not be disclosed to the owner/broker,
especially when you decide its a POS and pass on it. UD
Precisely. The surveyor reports to the buyer. If the buyer chooses to
use the "satisfactory survey" escape clause, all he or she need to is
to say "sorry, but the survey was not satisfactory".
Depending upon what particular course a deal might take other than a
complete rejection of the vessel, it can be useful to use the survey
report during any post-survey negotiating with the seller. For
instance- if you want to amend your offer based on the survey you might
say, "Mr. Seller, my surveyor noted that the cabin top is delaminating.
He recommends that I have this repaired. This discovery changes my
opinion of your boat. I'm now willing to proceed with the transaction
only if you will reduce the price by the $9,000 that Local Boatyard
says it will cost to make the required repairs."
It wouldn't be entirely unreasonable for a seller, in that case, to ask
to see that particular item in the survey report. As a buyer you could
choose to show it to the seller or not, but I think you'd have a heck
of a tough time getting that $9000 price concession without some
evidence that you weren't merely talking through your hat.
As a buyer, there is no obligation to disclose the survey to the seller
or the seller's broker- but sometimes and in some circumstances it can
be used to the buyer's advantage.
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