Sold Boat: Legal Advice

[Liam]

Hi guys,

 

Need a bit of help/info. I've recently sold my boat to a couple - cash. They chose not to have a survey of any sort and when the boat left our moorings it was fine - no problems whatsoever. They have reported a few small probs, and one big problem which we never had in the 5 years we owned the boat.

 

How do I stand, legally if it's taken further? I'm not putting too much info on here, for the obvious reason. I can disclose more info in PM if you'd like to help!

 

Thanks in advance

[Paul Evans]

Liam,

 

As far as I am aware the rule when buying a boat is caveat emptor, Latin for 'let the buyer beware'. It is a legal dictum that professes the buyer is responsible for checking that the goods or services they purchase are satisfactory. The implication of caveat emptor is that the contract underlying the sale is at the purchaser’s risk. Purchasers must satisfy themselves that the goods are complete, are in order, and that the vendor has title to them. Legislation in the UK, including the Sale of Goods Act 1979, the Sale and Supply of Goods Act 1994, and the Unfair Contract Terms Act 1977, does afford some degree of protection to the purchaser in certain cases but they do not, I believe, apply to a private sale.

 

I think most people using this forum would say that it is almost essential to have a survey carried out by a suitably qualified and competent surveyor before agreeing to buy a secondhand boat. If somebody chooses to buy a boat without having a survey completed they have only themselves to blame if some serious fault raises its ugly head.

 

You should politely point out to the purchasers that they chose to buy the boat without benefit of a survey and that you cannot be held responsible for the faults they claim to have discovered. I would leave it at that and politely refuse to enter into further discussion with them.

 

For the future, when selling a boat privately it might be sensible to provide the purchaser with a bill of sale that makes it plain that the boat is being sold "as is" and that the rule "buyer beware" applies to the sale. This would make the position very, very clear.

[Liam]

Thanks mate

[ChrisPy]

the last house we sold had a huge black damp patch about 3foot square coming through an internal wall behind a shower room (see another thread). we had a wall unit against it and never saw it until the day we moved. we were shocked. too late to do anything then ... the buyer's pantechnicon was outside the door.

 

later we received a solicitor's letter claiming £200 for the pond pump that we had removed (we had never included it in the sale) and the lino we had removed from the kitchen floor (it had been covered in carpet tiles that were not included in the sale, laid directly over the floorboards - we never had any lino).

 

I suspect the seller had been advised that he had no chance to claim for the wall (caveat emptor) because neither he nor his surveyor had seen it. So he tried it on ref. some other items.

 

I would have felt bad about it if I had known, but I was equally in the dark as the seller.

 

I hope things turn out OK.

[Liam]

Interesting reading Thanks guys.

[Sam]

If you need more advice I suggest you contact a lawyer/legal advisor . .some will give you the information you asked for above for free . . talling you where you stand etc..

[DaveR]

The only problem there could be is that if the boat was sold with a known problem and you did not highlight it. After that . . . .

[nbtafelberg]

Hmmm

 

I think really it is up to them, buying a boat is even more hazardous than buying a car.

 

No Survey its your own problem. Incedentally when we bought our boat the previous owners had a survey they let us have, whilst that did not stand us in anyway legally as surveys are not transferrable it did confirm my feelings that our boat was in very good condition for its age (rather like me).

 

I really think they don't have a leg to stand on really since they did not have the boat examined by a professional.

 

BTW what is the major problem you describe?

[Sam]

AGreed . . but some people may argue that you do have a certain amount of responsibility . . . legal advice should really be sort to clarify this . .

[Noah]

Hi Liam

 

For free legal advice, why not book a consultation with a local Citizens Advice Bureau. Although their advisors are not fully trained professionals, the advice they provide is impartial, as they are not trying to get your business like a firm of solicitors. I recently received advice from a local CAB and thought that the service was excellent. Their advisor spent many hours researching my problem between my two free consultations and left me confident as to my legal position should I decide to take further action.

 

In my case I purchased a secondhand “item” that I later discovered was mechanically different to its description in a sales brochure. Although the principle of Caveat Emptor is often quoted, the vendor has legal responsibility to ensure that the item for sale is correctly described in any sales literature. For example: a car for sale is described in writing as having a Ford 2.0 litre engine. Following a service, a new owner is informed that the engine is only a 1.5 litre. In this case the purchaser has full legal protection and can claim against the vendor who is legally liable whether or not he was aware of the “defect” and whether or not the item was advertised privately or through a broker. To expand this analogy and add further legal complexity: the car had a pre-purchase inspection by the RAC. The RAC inspector reported the engine as 2.0 litre capacity as he did not consider it necessary to inspect the cylinder block. I know this is an awkward analogy and I am being rather careful here as I am undecided as to whether I should pursue my claim through the Small Claims Court.

 

Noah

[bottle]

AGreed . . but some people may argue that you do have a certain amount of responsibility . . . legal advice should really be sort to clarify this . .

21964[/snapback]

 

What responsibility, as long as the advert was truthful there is not any comeback, the buyer has the responsibility to ensure that whatever they are buing is fit for the pupose that they wish to use it for.

 

As long as Liam told no lies or did not mis-represent the item for sale, the buyer has no comeback at all.

[Sam]

What responsibility, as long as the advert was truthful there is not any comeback, the buyer has the responsibility to ensure that whatever they are buing is fit for the pupose that they wish to use it for.

 

As long as Liam told no lies or did not mis-represent the item for sale, the buyer has no comeback at all.

22039[/snapback]

 

Exactly . . but if Liam was keeping anything from then . . .

[Liam]

Exactly . . but if Liam was keeping anything from then  . . .

22065[/snapback]

Sam, I know you can't spell properly, and that can be excused, but please try your best to read properly.

 

As I said when I first started this topic.. there was nothing to keep from them.

Edited June 6, 2005 by Liam

[DHutch]

Sam, I know you can't spell properly, and that can be excused, but please try your best to read properly.

LOL.

- Anyway, its me that cant spell, not sam!

[Sam]

Nah it's me . .

 

Liam I know you said that, don't be so rude, I DO read post properly BUT you may not have being telling the truth . . .happens alot with people in this world . . just saying about all possabilities!

[Bernie]

Let's stop this now. Liam have sent you a PM. Please check your messages top right of page.

[Liam]

Nah it's me . .

 

Liam I know you said that, don't be so rude, I DO read post properly BUT you may not have being telling the truth . . .happens alot with people in this world . . just saying about all possabilities!

22072[/snapback]

Sam, I don't like being called a liar.

 

Time to kill this thread me thinks.

Edited June 6, 2005 by Liam

[Bernie]

With Liams permission I am locking this topic now.