On Sat, 21 Aug 2004 13:00:03 GMT, "Bowgus" wrote:
My opinion ... either party ... or even a third party (broker) ... with the
seller's might I suggest written and signed permission and proof of
insurance (suppose the boat turns turtle, goes up in flames, takes out 1/2
the pier etc while out on that test run). And the seller of course can just
say it's for sale as is ... take it or leave it.

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A normal yacht brokerage purchase contract spells out the risks and
obligations related to the sea trial and survey. In all contracts
I've seen the seller is responsible for the cost of the sea trial, and
for providing an experienced operator (normally the owner,
professional captain or broker). The buyer is generally responsible
for all survey costs including haulout. During the sea trial the
buyer and surveyors are essentially along for the ride and share no
risk. A typical contract gives the buyer a certain number of days
after the survey and sea trial to either accept or reject the boat
(subject to price re-negotiation). If rejected for any reason, the
deposit money gets returned less any survey/haulout expenses. All of
this is oriented more towards "big boat" purchases of course, and
things are frequently a lot more casual with trailer boats where the
launch and haulout expenses are minimal. It's still a good idea to
have a formal written contract however, especially if there is deposit
money involved.