tkranz wrote:
Hello all,
It's been a couple of years since I've spent much time on this NG and
I'm pleased to see that it is still an active group. Hopefully I can
get some constructive advice here on a non-traditional boat sale
agreement.
I am planning to sell my small custom trawler at a near giveaway
price ($500 after adjustments). In return for the very cheap sale
price I want to retain the right to use the boat once a year for a
short cruise.
The details can be read on my website
www.st-johns-river.com
I would love to hear from others who are or who have shared ownership
or use of cruising boats. How did your contracts handle issues of
liability or the total loss of the boat while one or the other
partner was using it? What other issues did you try to anticipate in
your contracts?
My situation is fairly unusual in that the Wooden Nickel is not worth
huge money to begin with and if the "sale and retained right to use"
deal does not work out well, I can afford to walk away from the deal
completely. Selling an unusual boat like Wooden Nickel outright can
be difficult. But so far there is a lot of interest from folks who'd
like to get a very cheap cruising boat with this kind of deal.
- Tom
Since the boat will be insured in both your names, presumably, any damage or
complete write-off re-imbursements would be shared between you and your
patrner.
A bigger problem arises in the event of death of one of the parties, and you
should have a simple agreement that makes clear what would happen should
this unfortunate occurence take place, whether as the result of an accident
whilst using the vessel or otherwise.
Such an agreement should set out the sharing of running costs and how
frequently expenses by either party are repaid, usually by a monthly
reconciliation.
Dennis.