On Dec 18, 3:05�pm, Tim wrote:
Eisboch wrote:
I know it doesn't serve a broker's interests, but it is what it is and some
things cannot be forced.

Eisboch � (learning that buying a boat is a hell of a lot easier than
selling one)

Well, I know that purchasing large hull craft is much more stringent
than a typical runabout, but concerning a "sea trial"? around here is,
something like "show me the money then you can "sea trial" it all you
can stand!" I know that wouldn't go over well with a boat like
Richards, but then again, to ask someone to take their boat out in
winter weather is really kind of foolish that is, in my opinion. Like
cold weather won't produce stresses on the hull (maybe)" diesel
engines don't want to start as easy etc. oils are cold, and when
warmed up will want to draw more moisture. Plus as what has been
mentioned that hitting ice isn't good. especially when that's not what
the craft was intended for. �So why risk wadding up the boat (not
counting the prospective clients as well as yourself) just to take
somebody for a possible "joy ride" then to have them dicker even more
if something breaks off? �Oh yeah, are they wanting you to provide the
drinks and hors devours too???

And I doubt if Richard ahs to sell it to survive, so I would say that
I'd pass on this type of deal. It really doesn't seem that great,
especially to go through all this hassle (maybe even deadly) just for
somebody to say "well, I'll think about it"....


It's customary when buying a larger boat to make an offer "subject to
sea trial and survey". Sellers aren't going to joy ride every casual
prospect that happens along, but if a buyer is willing to put up at
least a few thousand dollars "earnest" money and state "If I like the
way the boat runs and if it surveys to my satisfaction I'm willing to
buy it for $XXXXXX", that's a totally different scenario.

Would you pay a six figure price for a boat that you had never been
aboard while underway? I'll bet you insist on taking a $2500 used car
for a spin around the block, and there's a lot more that can go wrong
with a boat than with a '92 Honda Accord.

The ball is really in the buyer's court all the way through the deal
in any case. A good broker will ask the buyer to sign off on a written
statement proclaiming the sea trial "satisfactory" (assuming that it
was)....but if a buyer is looking for an out all he really needs to
say is
"I didn't like the way the boat wallowed in following seas" or
something similar and the buyer is off the hook. Same with the survey.
I've seen buyers go sideways based on entirely inconsequential items
in survey; in fact I specifically remember a guy using the survey
clause to escape
a deal and recover his deposit when I was selling a1-year old boat
with
about 40 hours on the meter. His excuse: "The surveyor said the bilge
was a little bit dirty, and there's no acceptable reason for a dirty
bilge on a boat with 40 hours on it."

Even after signing off on the sea trial and the survey- all the buyer
is really risking if he doesn't ultimately close on the deal is his
deposit.
The seller has the right to sue for "specific performance", but almost
nobody ever does and there's always a chance the court would say that
the forfeited deposit was sufficient compensation for the buyer's non-
performance.