Aftersale Issues

[David Mack]

He is quoting the sale of goods act 1979 that the boat is not fit for purpose

 

Leaving aside the question of whether the boat actually is fit for purpose (and nothing you have written leaves me in any doubt that it is), the Sale of Goods Act 1979 does not apply to private sales, only those in the course of business. Although you used a broker, in law he simply acted as your agent, and it is still a private sale.

 

The only legal responsibility you have towards the buyer is to avoid misrepresentation. Given what you said in your first post you seem to have already drawn the relevant points to the buyer's attention, and the rest would have been apparent from his inspection (or a survey if he had had one).

 

You should inform the broker of the letter. One of the things your brokerage fee is supposed to cover is dealing with the buyer, and you shouldn't need to be engaged at all in the process.

 

David

[Ally]

Completely agree, he's trying it on. I wouldn't even reply, but I would make sure the broker is aware of it all, incase he tries to take it further. As said, no survey, reduction in price for this too, sounds like you bent over backwards for him.........tough for him! (Though i suspect half of what he claims is not 'necessary' but a wish list!!)

[JamesLeeds]

Hah yes Ally, I think redesigning the cooling system on a 20 year old boat, because your 'Marine Engineer' says its wrong, seems a bit OTT!

 

Tempted to reply, but I think theres just no point with some people as they just will never understand !

[David Schweizer]

Nothing much has changed since I got a survey, Im pretty certain such a survey would have been clean with maybe a few of the jobs I had neglected to do.. These being jobs I had actually told him about anyway!

 

Not to mention, he should really be going to the brokerage as opposed to me like !

 

He is quoting the sale of goods act 1979 that the boat is not fit for purpose

If the person who bought your boat is quoting the Sale of Goods Act 1979, he will have presumably read it, and if he has, would know that any rights under the Act apply to the person who sold the boat ie. the Broker. If the Broker is claiming that he was merely your Agent, and the sale was between yourself and the buyer, the buyer (having read the Sale of Goods Act 1979) would also know that if you buy a second hand fgoods from a private seller you have fewer rights than if you buy from a dealer, and many of the requirements of the Sale of Goods Act do not apply, one of which is that there is no legal requirement for the goods to be of satisfactory quality or fit for its purpose.

 

It goes without saying that the seller must give an accurate description of the goods, must not misrepresent anything about the goods, and must answer any questions truthfully. If you are happy that you meet all these criteria, I would suggest a polite reply advising the buyer that he does not have any claim against you as the seller of the boat, and that he is not entitled to any redress or compensation.

Edited February 16, 2012 by David Schweizer

[Guest]

If the person who bought your boat is quoting the Sale of Goods Act 1979, he will have presumably read it, and if he has, would know that any rights under the Act apply to the person who sold the boat ie. the Broker. If the Broker is claiming that he was merely your Agent and the sale was between yourself and tye buyer, he would also know that if you buy a second hand fgoods from a private seller you have fewer rights than if you buy from a dealer. and much of the Sale of Goods Act does not apply, one of which is that there is no legal requirement for the goods to be of satisfactory quality or fit for its purpose.

 

This is the bit where I think things get confusing - it's always been my understanding that the broker is exactly that an 'agent' - the private seller is still the seller. It would be different if you were buying a boat that the broker had 'bought in' and owned (which some do) selling then would (?could) be covered by the SOG Act but not if he or she is 'brokering' the sale.

 

I'm open to correction though.....

[Grace and Favour]

James,

Unusually for this forum - you've received advice from a number of people ALL of whom are in complete agreement!

(That could well be a first !)

 

However, it really does illustrate that you have absolutely no obligation to pander to this 'erbert's ridiculous demands.

He is a chancer - (the 1979 Sale of Goods Act does not apply to your transaction)

He decided to buy the boat without a survey (that is strictly and solely his decision to do that) - and therefore Caveat Emptor applies.

 

By all means let the broker know (but DON"T let them - or anyone else, try and talk you into making any financial gesture to the buyer whatsoever!)

 

If you wish - you may send him a brief note stating that as far as you are concerned, all areas of the transaction are completed satisfactorily - and that you do not intend to discuss the matter further. - If he wishes to discuss it with the broker that is, of course, his right.

 

Do not let the 'erbert worry or bully you any further

 

And well done for raising the issue on the forum.

[KevMc]

James,

Unusually for this forum - you've received advice from a number of people ALL of whom are in complete agreement!

(That could well be a first !)

 

Until the buyer joins the forum

[David W]

James,

Unusually for this forum - you've received advice from a number of people ALL of whom are in complete agreement!

(That could well be a first !)

 

However, it really does illustrate that you have absolutely no obligation to pander to this 'erbert's ridiculous demands.

He is a chancer - (the 1979 Sale of Goods Act does not apply to your transaction)

He decided to buy the boat without a survey (that is strictly and solely his decision to do that) - and therefore Caveat Emptor applies.

 

By all means let the broker know (but DON"T let them - or anyone else, try and talk you into making any financial gesture to the buyer whatsoever!)

 

If you wish - you may send him a brief note stating that as far as you are concerned, all areas of the transaction are completed satisfactorily - and that you do not intend to discuss the matter further. - If he wishes to discuss it with the broker that is, of course, his right.

 

Do not let the 'erbert worry or bully you any further

 

And well done for raising the issue on the forum.

 

 

What ^he said!

 

Don't part with any of your hard-earned - your buyer is a numpty trying to con you out of cash.

 

As has been pointed out the broker was your agent in the transaction of a private sale therefore Sale of Goods Act does not apply (unless you described the condition incorrectly).

 

[JamesLeeds]

Until the buyer joins the forum

 

I did consider this, and also people at wherever he's moored.. but have edited out anything identifiable, and kept to the facts!

[Titus]

I'd get straight back to the broker, he's the one that's been paid by you to sell your boat.

I've recently bought a boat and spent over £600 on a survey, several faults were found which were sorted and paid for by the vendor (that's why I had a survey) since then I've found a few problems not picked up in the survey and basically I've got to suck it, luckily mine are only little problems that I can sort myself.

 

And after I bought my boat I had to get it serviced (paid for by myself)

 

 

Dave

Edited February 16, 2012 by Titus

[Nickhlx]

I did consider this, and also people at wherever he's moored.. but have edited out anything identifiable, and kept to the facts!

 

and another in full agreement with what has already been said - On buying any secondhand boat ( or car to a similar extent) there will always be "things that you want to do" to put your stamp on it, as you did, and he is merely trying to get you to fund his wishes...

 

He may be thrashing it up and down a river, possibly highlighting a cooling problem, but that doesn't alter the fact that he bought with the option of having a full survey done beforehand, and is entirely responsible for any issues since the moment of sale / handover.. How do you know there is any problem at all, apart from the apparent say so of an anonymous surveyor who you are unable to verify exists !!

 

I agree with the others - don't lose sleep, pre-advise the broker, and reply to any more correspondence with tones of considering calling the Police for threatening behaviour..

 

Nick

Edited February 16, 2012 by Nickhlx

[JamesLeeds]

I'd get straight back to the broker, he's the one that's been paid by you to sell your boat.

I've recently bought a boat and spent over £600 on a survey, several faults were found which were sorted and paid for by the vendor (that's why I had a survey) since then I've found a few problems not picked up in the survey and basically I've got to suck it, luckily mine are only little problems that I can sort myself.

 

 

Dave

 

Yeah exactly.. the nature of boating I think. I had a lot to do when I bought it, cost me a fortune!

I never actually spoke with the seller though, nor knew his name.. I only dealt with the broker (Same broker as where I bought) I shouldn't have got involved really.

 

Did the surveyor request lighting in the engine room? Perhaps at least double the amount of new filters you need for a service? Throw in a few batteries

 

He may be thrashing it up and down a river, possibly highlighting a cooling problem,

 

Last time I heard it was a 2-3 day cruise involving cruising through the night to get it back home. I imagine most of this time the throttle would have been flat out (Something I have probably never done for longer than a few seconds!) so who knows!

 

The only eyewitness accounts I have heard have been seeing the poor thing scraping out of a lock My poor baby

[luctor et emergo]

Ahh, yes, for pitties sake, don't offer anything like "meeting him halfway" or paying a small amount to fix the inlet or such. That will give him leverage, because it looks like an admission of culpabillity. That's why you should never apologies after an accident, because the insurance use that as an admision of guilt, wet her you are or not.

[Athy]

I would concur with various people on here, including Richard and Ally: do NOT reply to the bod. You placed the boat with a broker, let him deal with the broker.

Ignore him and, after he's jumped up and down for a bit and turned red, he'll go away.

[Jo_]

All the above is the sort of brilliant advice this Forum can be so wonderfully good at. The only bit I'd add is do not reply to his letter. Don't. Reply. To. His. Letter. He has come up with this 'drama'; you have no reason at all to join in.

 

You had a broker for the sale. Take a copy of the letter to the broker and tell them you are not replying and that you are leaving it to them to deal with it.

 

My concern about you replying or talking to your buyer again is that you may (with all the best intentions) muddy the water or say something that prejudices your position.

 

Keep out of it.

[JamesLeeds]

Advice taken, I wont reply to the letter. I have forwarded a copy to the broker and left it at that!

 

Thanks for all the advice!

[Jo_]

:clapping: :clapping: :clapping:

 

The Forum breaks into noisy approval!

Edited February 16, 2012 by Jo_

[luctor et emergo]

Hello my. Good friend and greetings with the lord.

 

My name is colonel Mustafa, and I need your urgent assistence in securing The former leader Gaddafies fortune.

Send my your full details ....

[jelunga]

The Sale of Goods Act only applies to retail sales not private sales. Additionally he had every opportunity to inspect the goods before purchase.

His only recourse to you is if the broker made false statements knowingly. Then you can sue the broker for any loss you incure due to his negligence.

Other than that he has no recourse to you the seller.

IMHB.

 

 

Oops. Too late again

Edited February 16, 2012 by jelunga

[johnmck]

This reminds me of a scenario from my former life. I was asked to interview a chap in North Lincolnshire, for selling a vehicle not in a roadworthy condition to a family in Kent. I duly saw the chap, who explained that said vehicle had been subject to an M.O.T. the week prior to sale and that when monies were exchanged on the 01/06th all was in order.

 

I really could not understand the logic of requesting an interview under caution, but did as requested. It became apparent from the paperwork forwarded to me that an examination of the vehicle had taken place in September of that year. I could not see how any prosecution could take place due to the discrepancy in dates and forwarded my report highlighting this.

 

Low and behold, in the new year, myself, the previous owner and the chap who had carried out the M.O.T. all received court warnings to appear in Ramsgate Magistrates. No amount of discussion could vary this summons, so I duly attended. Overnight stay on expenses!

 

On the morning of the case I was introduced to the officer in the case and informed him of the discrepency in the dates. A look of horror crossed his visage but he maintained his support for the prosecution! I then spoke with a solicitor representing the previous owner and all became clear. The vehicle had been purchased as a 17th birthday present for the son of the new owners. Unbeknown to them, said son had since delivery been taking the vehicle for spins along the beach and through the surf prior to his bithday. The fact that the vehicle was showing rust on brake parts and running gear, which was the prosecution contention, therefore became apparent. The solicitors son had been a witness and passenger when jaunts on the beach took place!

 

Needless to say, the case was dismissed, bloody waste of time. So much for common sense. God bless the C.P.S. !

 

 

[Robbo]

James, don't even bother with a reply and cut all contact with him...

[dor]

Assuming your broker knows what he is doing, refer him to the broker. He has no claim at all. Whe i was broking boats we occasionally got a try-on like this, we just stated what the situation was, referred them to the T&Cs and left them to it. His only comeback is if you intentionally misled him or failed to answer relevent questions honestly. I bet the broker recommended a survey and he chose to take a chance. Don't waste any more time or money on him.

[johnmck]

James, don't even bother with a reply and cut all contact with him...

 

Could not agree more.

[Phil Ambrose]

Until the buyer joins the forum

 

Dont' reckon much on his chances of getting an easy ride.

 

Phil

[MtB]

Tricky one in my opinion. It's a toss-up between the following two courses of action:

 

1) No reply, i.e. maintaining total radio silence unless/until he starts recovery action in the county court,

 

2) A curt letter saying your defence, should he take action to pursue his claim, will be 'Caveat Emptor'.

 

 

Whatever you do don't pay up unless you lose a court case. If you stump up, you're just teaching him that you pay up, and I predict a second list, then a third, will follow shortly after.