Broker's responsibilities

[pessimist]

It would be very useful if you could describe the defects. Having gone to the trouble and expense of a survey and, I imagine, a lift out that the faults were more than trivial.

I'll not go into full detail other than to say there were a couple of repairable structural faults which I regarded s non negotiable - as in I wanted the cost for rectification knocked off the price. There was also widespread osmosis which I did regard as negotiable. Other faults were all within acceptable range for a second hand boat. None of the faults were revealed in response to the "any known faults" question.

 

[Daedelus]

Sunray has got the key point, if someone else buys the boat on the basis of your survey and there is a subsequent problem they have no comeback on you or the surveyor.

 

[doug748]

Sunray has got the key point, if someone else buys the boat on the basis of your survey and there is a subsequent problem they have no comeback on you or the surveyor.

Indeed, and mentioned in post 14 and 19 as well. I have an idea jwilson has more experience than most in this field.

 

[jwilson]

A very common phrase used in survey reports is "..... This report is provided for the sole use of the instructing client" or similar, without explicitly saying it should not be passed on.

Other surveyors are known to use "......This report, the international copyright of which is vested in ........................., is confidential to the named client and is non-transferable. It must not be copied, reproduced, kept in any data bank, stored in any retrieval system or transmitted in any form or by any means whatsoever or otherwise or given or sold to any third party without the prior written consent of the copyright holder. This survey is personal and confidential to ..................... client(s)".

 

[[163233]]

Sunray has got the key point, if someone else buys the boat on the basis of your survey and there is a subsequent problem they have no comeback on you or the surveyor.

No, but it might have saved them a grand in survey and lift fees.

 

[PhillM]

A very common phrase used in survey reports is "..... This report is provided for the sole use of the instructing client" or similar, without explicitly saying it should not be passed on.

Other surveyors are known to use "......This report, the international copyright of which is vested in ........................., is confidential to the named client and is non-transferable. It must not be copied, reproduced, kept in any data bank, stored in any retrieval system or transmitted in any form or by any means whatsoever or otherwise or given or sold to any third party without the prior written consent of the copyright holder. This survey is personal and confidential to ..................... client(s)".

Would that actually stack up? I was very much under the impression that if you hire a person or company to do a bespoke piece of work, you own the copyright. Certainly the case with programmers, both full time and contract. Of course, you tend to have a clause in any contract to support yourself, but the general principle of "work for hire" stands up without.

 

[Blue Sunray]

Would that actually stack up? I was very much under the impression that if you hire a person or company to do a bespoke piece of work, you own the copyright. Certainly the case with programmers, both full time and contract. Of course, you tend to have a clause in any contract to support yourself, but the general principle of "work for hire" stands up without.

It doesn't, particularly the 'given' bit, but it sounds good and as such will serve a purpose. Though the computer programming bit is not a good example as there is normally and explicit contractual statement to the effect that you mention.