Boat sale hold up

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lionelz

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Ok guys and girls, after some advice or just opinions

I am currently selling my boat I have accepted an offer and the boat has done a sea trial. During the sea trial everything worked and we have video evidence to prove it. The boat was then lifted out and placed on a service stack for the remainder of the surveyor inspection. The surveyor then watched them place the boat on a stack and reported that they may have damaged the depth transducer and took pictures. A few days later the boat was placed back in the water to check it was still working, IT isn't!!!!!! The marina are let's say trying to say it was not them that done the damage and don't feel they should pay for the repair. I have given my notice at the marina and now have 2 months left, the issue is that the buyer wants this fixed (and why wouldn't they) I am so frustrated, Any advice or recomedations or actions I should take. My perspective is the transducer was working, the surveyor than reported (as he watched them and took photos) may have damaged the transducer the transducer now does not work, It is of my opinion that they should fix the issue as they were seen damaginging it by a insurance and boat suveroy. What do you guys think ?
 
How frustrating. Is it not worth getting the transducer fixed out of your own cost if it’s only a few hundred so that you can get the sale completed. Then chase the money later but my gut feeling is they will stand there ground . You can always voice you experience with the company at a later date.
 
Jamie Dundee said:
Surely the purchaser initiated and paid for the lift? Therefore his job to chase the marina, unless you had a different arrangement.
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Unless the surveyor has very specific evidence and prepared to argue the case to the marina then can never prove it was working before the lift.

Buy a new transducer, complete the sale and move on.
 
I suspect for the amount involved it’s not worth litigating however would seem to me the contract to lift was between the purchaser and the yard on basis he paid lift fees. I think in absence of agreed terms he has a duty to protect the vessel while it’s in his charge ie the risk of damage sits with the purchaser . So your cause of action is against the purchaser for the damage and he joins the yard and by implication it’s insurers into what amounts to a negligence action for the damage in performing a poor lift . I think the evidential burden is high but on balance if supported by photographic evidence a county court is likely to support you and your purchaser over the yard I suspect but this is a gamble and for amount involved probably not one worth taking.
I don’t know if the OP wants to continue with the sale but if he does why not do a deal with the purchaser and share the loss 50/50 which is where you will end up if in any small claims court mediation . You could of course just refuse to fix and see what the purchaser does if you don’t care about the sale and put the vessel back on the market. If there’s a broker involved in sale maybe they could help with making up the gap though as well.
 
Could you not ask for a signed written statment from the surveyor inspector as evidence on your behalf, with a back up video, and a statement from him/her in my opinion you have a case to fight to get reimbursed from the marina and take this case further???
 
ashtead said:
I suspect for the amount involved it’s not worth litigating however would seem to me the contract to lift was between the purchaser and the yard on basis he paid lift fees. I think in absence of agreed terms he has a duty to protect the vessel while it’s in his charge ie the risk of damage sits with the purchaser . So your cause of action is against the purchaser for the damage and he joins the yard and by implication it’s insurers into what amounts to a negligence action for the damage in performing a poor lift . I think the evidential burden is high but on balance if supported by photographic evidence a county court is likely to support you and your purchaser over the yard I suspect but this is a gamble and for amount involved probably not one worth taking.
I don’t know if the OP wants to continue with the sale but if he does why not do a deal with the purchaser and share the loss 50/50 which is where you will end up if in any small claims court mediation . You could of course just refuse to fix and see what the purchaser does if you don’t care about the sale and put the vessel back on the market. If there’s a broker involved in sale maybe they could help with making up the gap though as well.
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The vessel I understand was never in the buyers charge .
Who settles the account is irrelevant.
Unless the lift contract states it will make good unforeseen damages , I can not see why it should .
Say in a banana boat the bend pops the port light seals , or the squeeze on the slings pop a few liners ( out of sight ) on liner boats .
Or a jet wash of a ram seal etc etc .
Ask your insurance ?
 
The only way I can see the marina can be liable is if you had "No Lift Point" stickers in line with the transducer and they ignored them.

Edit, Just re read and it seems it wasn;t the lift but the placing of the boat on chocks that may have caused damage, so was reasoable care taken? Possibaly not.
 
Last edited:
Breach of a duty of care Portofino ie not reaching a standard expected in the industry of boat lifting. It’s the OPs case the damage was caused by the negligent yard and while he might have a job proving that position the yard is liable for the damage both in contract and in tort. Whether it’s commercially worth taking the action however is a moot point but personally I would NOT advise progressing via litigation unless the OP really has a desire not to complete the sale of course and wishes to use this damage to create a ground for not proceeding.
 
Thanks for all your replies. I should point out my boat is normally on the dry stack so the purchaser has not paid to have it lifted it is part of my contact. We do have evidence of it working before the lift in the means of a video and pictures, and the surveyor was actually present when the boat was placed on the rack. He raised concerns immediately and took photographs of why he though damage had occurred.

The surveyor wanted to inspect the bottom of the boat to ensure the ourselves were all ok etc.

I have however taken the decision to inform my insurance and let them take it up with the marina my insurance covers me for all damage incurred when in the marina anyway. It was very interesting listening to some of the reply and some where not expected, as for cost I have been informed that they will need to do some fibre glass work as it's a 15 Year old boat and they don't make the same tranducers anymore so all the wires will need replacing as well. The initial quote I have had is £300 for the transducer and extra for the body work, hopefully I should get full quote tomorrow.

As has been stated it's not worth losing a sale over a few pounds, it's just very frustrating especially as IMO it's not my fault. For once I am being pragmatic and not head strong which is my default mode ??
 
lionelz said:
Ok guys and girls, after some advice or just opinions

I am currently selling my boat I have accepted an offer and the boat has done a sea trial. During the sea trial everything worked and we have video evidence to prove it. The boat was then lifted out and placed on a service stack for the remainder of the surveyor inspection. The surveyor then watched them place the boat on a stack and reported that they may have damaged the depth transducer and took pictures. A few days later the boat was placed back in the water to check it was still working, IT isn't!!!!!! The marina are let's say trying to say it was not them that done the damage and don't feel they should pay for the repair. I have given my notice at the marina and now have 2 months left, the issue is that the buyer wants this fixed (and why wouldn't they) I am so frustrated, Any advice or recomedations or actions I should take. My perspective is the transducer was working, the surveyor than reported (as he watched them and took photos) may have damaged the transducer the transducer now does not work, It is of my opinion that they should fix the issue as they were seen damaginging it by a insurance and boat suveroy. What do you guys think ?
Click to expand...
The damage backed up by a surveyor and photos is down to the yard , as the survey was for a third party it might be down to the third party to discuss as the lift was I assume paid for by the purchaser not you .
 
Shit happens - pay for it and move on - its not right but its not worth the stress of an argument you probably cant win and losing the sale

I'm genuinely not being flippant with my advice but the important thing to your well being is to move on..................then see what you can salvage from the evidence you have around you

A misplaced firework through their letterbox tomorrow night might make you feel better;)

Not good.
 
Fix it and sell the boat.

Then, when you're having your celebration pint (at home), decide whether it's worth going after the Marina (you'll have the receipt for replacement transducer).
 
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