inventory!!

[steveeasy]

Hi,
Received an inventory together with contract to sign in relation to boat Purchase. the inventory was pretty basic from a broker and listed items. together with the list of items were images of the items. An image of a chartplotter called a GPS map. I understood the chartplotter to be included and indeed was never told it was not.
I signed the inventory and contract. I discussed the matter with the broker today and he said it not included. I asked why then show it on the inventory. he said its not included. he had discussed this with the seller some time go.

So I am obliged to buy the boat having signed the contract and indeed want and will purchase the boat. I am not entirely happy with an inventory that is not clear what actually is included. why put pics of items in the doc that are not included or images that mean nothing according to the broker.. How can a buyer determine what he is actually buying. the broker said its the words that count not the pictures.

Steveeasy

 

[Stingo]

Is the purchase subject to survey? If so, get fussy and find an excuse to bail from the deal - doing that should refocus the broker and seller's attitude.

 

[steveeasy]

I was told its the text that counts not the images. so why have images. its clearly a mistake but not on my behalf. But I signed and paid a deposit on my belief it was. I suspect easily resolved with a bit of give and take. but not when we discussed it today.

Steveeasy

 

[NealB]

Sorry: I'm not sure exactly what you mean.

Do you mean that there's a picture of the plotter, but it's not listed on the 'typed' inventory?

If that's the case, it's shoddy, unprofessional, work by the broker.

I think, legally, that that would probably not be a fundamental breach of contract, but it does entitle you to sue for damages.

I'd either ask for the plotter tobe included, or I'd refuse to pay the agreed price: reduce it by an amount that would make the deal acceptable to you.

Good luck.

 

[Resolution]

If the inventory listed a chart plotter together with a picture of one then IMHO that is in your contact.

 

[Caer Urfa]

Oh dear that sounds a real nice so called yacht broker, all he cares is he has sold the boat and wants his commission, if its written in the specifications then you are owed a replacement or money/discount for the missing GPS.(which usually are not cheap)

When I do a survey I state that except for any personal effects found that all on board and inspected is included in the survey did the surveyor see it and inspect it?

You are not obliged to buy the boat if something in the sale specification is stated and is now missing

 

[Poignard]

If the sale particulars upon which the contract was based showed the plotter fixed to the boat, and no mention was made of its not being included, then yacht is not as described. The seller has no more right to remove it before sale than he has any other fixture , for example, a winch or the galley cooker.

Stick to your guns and insist the plotter be reinstated or the selling price be adjusted to your satisfaction.

 

[steveeasy]

Sorry: I'm not sure exactly what you mean.

Do you mean that there's a picture of the plotter, but it's not listed on the 'typed' inventory?

If that's the case, it's shoddy, unprofessional, work by the broker.

I think, legally, that that would probably not be a fundamental breach of contract, but it does entitle you to sue for damages.

I'd either ask for the plotter tobe included, or I'd refuse to pay the agreed price: reduce it by an amount that would make the deal acceptable to you.

Good luck.

Correct. a picture of the plotter on its own in the inventory.

 

[NealB]

Correct. a picture of the plotter on its own in the inventory.

Then I'd politely, but firmly, do what poignard suggests in #7.

 

[steveeasy]

If the sale particulars upon which the contract was based showed the plotter fixed to the boat, and no mention was made of its not being included, then yacht is not as described. The seller has no more right to remove it before sale than he has any other fixture , for example, a winch or the galley cooker.

Stick to your guns and insist the plotter be reinstated or the selling price be adjusted to your satisfaction.

Sat on the chart table not fixed but an image specifically of the chartplotter only. sales particulars and in the final inventory. I dont think anything sinistar just a mistake. easily sorted as you set out.
steveeasy

 

[steveeasy]

The thing is I dont really like a fuss. I know that might make some of you chuckle, but its true. Im sure easy to resolve.

Steveeasy

 

[Praxinoscope]

In the OP the chart plotter is ’called a GPS Map’ is this simply what can be read on unit in the photograph or is this listed elsewhere?

 

[steveeasy]

In the OP the chart plotter is ’called a GPS Map’ is this simply what can be read on unit in the photograph or is this listed elsewhere?

The inventory list refers to GPS at chart table. It transpires thier is a small GPS unit at chart table. the only reference to Chartplotter is the image. clearly it should not be there. I believed it was as its shown clearly. Its about how you interprete what you see and how its set out. clearly there should be no image of it. its an accident but at my loss.

steveeasy

 

[Tranona]

Mountain out of a molehill. The key is in your phrase "my understanding is..." Your understanding is that the images constitute the agreed inventory. Are there any other items that have images but no listing? or items listed that do not have images? You say the plotter is just placed on the chart table, so presumably not wired in. What about the other instruments - are they listed with images and wired in? Sounds to me from what you say a bit of wishful thinking rather than a clear statement by the vendor/broker that it is included and then denied.

Not really a valid reason for withdrawing, and you say you really want the boat. If it does not have the chart plotter does that mean you no longer want the boat?

Really don't see how you can describe it as a "loss" to you as it was never included in the inventory - it is only a "loss" in you jumping to the conclusion that it was included.

 

[steveeasy]

Mountain out of a molehill. The key is in your phrase "my understanding is..." Your understanding is that the images constitute the agreed inventory. Are there any other items that have images but no listing? or items listed that do not have images? You say the plotter is just placed on the chart table, so presumably not wired in. What about the other instruments - are they listed with images and wired in? Sounds to me from what you say a bit of wishful thinking rather than a clear statement by the vendor/broker that it is included and then denied.

Not really a valid reason for withdrawing, and you say you really want the boat. If it does not have the chart plotter does that mean you no longer want the boat?

Really don't see how you can describe it as a "loss" to you as it was never included in the inventory - it is only a "loss" in you jumping to the conclusion that it was included.

Traona,
Not sure I agree with you. I dont see how you can describe me making a mountine out of a molehill. I think my point is clear and valid. I received an inventory that was not even referred to as an inventory. not a good start. the list was very ,as an example log yes. depth yes. tiller pilot yes. The images are clear and I would think they are there for a reason. If they are not then why put them in it .the specific chartplotter would not be wired in as sold with a 12v plug to insert in a lighter socket.
Wishful thinking. From reading your posts your attention to detail is quite high. Id suspect if you received a weak Inventory you may have sent it back. I just like things clear and concise. dont you. ive absolutly no intention of withdrawing not over a simplistic old chartplotter but I believed it was included which I believe is reasonable as it was shown on the untitled inventory.

Steveeasy

 

[steveeasy]

In answer to your question are there any more pics of items not included. the answer is no. Nothing at all is black and white. we all interprete what we read and see and make a conclusion. My understanding was based on that process of reading and seeing what was in front of me. I wonder if anyone else might have come to the same conclusion given there was an image of it shown in sales particulars and in the inventory.
Cant see why I could have thought any different. So I am not making a mountain out of a molehill , just asking for an opinion to help me decide if my thoughts are rational or unreasonable.
steveeasy

 

[Frogmogman]

I remember having a row with a client who I discovered removing inventoried items from his boat, on which he had already agreed a sale with a buyer.

He got extremely angry with me (i may have said he was dishonest), jumped into his e type, started the engine, which he then revved really hard. The engine let go with a bang. He then had to ask me if he could use our phone to call the RAC. ?

Karma in action.

 

[Tranona]

Plus nothing at all is black and white. we all interprete what we read and see and make a conclusion. My understanding was based on that process of reading and seeing what was in front of me. I wonder if anyone else might have come to the same conclusion given there was an image of it shown in sales particulars and in the inventory.
Cant see why I could have thought any different. So I am not making a mountain out of a molehill , just asking for an opinion to help me decide if my thoughts are correct.
steveeasy

I agree nothing is black and white. but you are now saying other similar instruments are clearly stated in the inventory with images and the only reference to the chart plotter is in an image (but you imply there was another chart plotter included in the inventory). so it seems to me that you are "interpreting" what you say in your favour, taking the image as evidence even though the item was not listed. - As you have asked for an opinion about your thoughts, then no, I don't agree with your interpretation from what you have said. If I felt it was unclear whether it was included or not, I would simply have asked for clarification. I had exactly the same issue with my last boat sale. Even though both the broker and myself took great pains to provide a detailed inventory and removed anything that was not included, we still missed an item and the buyer picked it up. Simple conversation - is it or isn't it ? Sorry it was not on list, but yes, included. Problem solved.

As you say you have no intention of withdrawing, so why are you looking for the opinion of others who have even less information than you? Therefore mountain out of a molehill. The plotter is not crucial to your decision whether to proceed so forget about it and move on.

 

[steveeasy]

I agree nothing is black and white. but you are now saying other similar instruments are clearly stated in the inventory with images and the only reference to the chart plotter is in an image (but you imply there was another chart plotter included in the inventory). so it seems to me that you are "interpreting" what you say in your favour, taking the image as evidence even though the item was not listed. - As you have asked for an opinion about your thoughts, then no, I don't agree with your interpretation from what you have said. If I felt it was unclear whether it was included or not, I would simply have asked for clarification. I had exactly the same issue with my last boat sale. Even though both the broker and myself took great pains to provide a detailed inventory and removed anything that was not included, we still missed an item and the buyer picked it up. Simple conversation - is it or isn't it ? Sorry it was not on list, but yes, included. Problem solved.

As you say you have no intention of withdrawing, so why are you looking for the opinion of others who have even less information than you? Therefore mountain out of a molehill. The plotter is not crucial to your decision whether to proceed so forget about it and move on.

Traona,
Thank you for your valid opinion. No I have not implied there was another chartplotter in the description. I have said the written inventory referred to a GPS . I then had seen a chartplotter called a GPS map in the attached images. I for those reasons believed it was that item. The list was brief in that it could have said as an example, Raymarine st2000 tiller pilot, but it stated Tiller pilot. technically then the vendor could have changed the unit for a tiller pilot of any description. So if the list had said, Autohelm GPS unit, id have realised it was not a Garmin GPS 551.
Nothing is black and white. I asterisked the image and wrote on the inventory my concerns. I signed it. The broker it transpires knew it was not included before I spoke with him. The buyer did not want it included. the image therefore should not have been added and therefore therefore was misleading. by mistake and lack of attention to detail i suspect. not a crime but frustrating. It was not my error and indeed is a small loss to a large purchase. not a mountain of a molehill, more like clarifying an issue that I am not completely satisfied with. seeking opinion is a wise move.

I also paid a considerable deposit before signing the inventory and pre purchase agreement. Correct me if im wrong but the pre purchase contract needs to be signed before paying the deposit, otherwise you have no terms of a contract in relation to the deposit. its easy in hindsight. as a buyer I might go thru this process once in a blue moon. it needs to be right to avoid potential problems.

Steveeasy

steveeasy

 

[Poecheng]

You are not making a mountain out of a molehill.
There are different contracts out there but you may find it says that items excluded from the inventory are to be noted on a/the schedule.
Anyway, an inventory is just that and is a formal part of the contract and not simply a description that leads up to a contract, as the sales particulars are. If it is specifically pictured (as opposed to being coincidentally in the background of a shot of something else) than it matters not whether it is described by words of photograph. You have made a contact for the boat and her inventory. If the inventory is deficient then it is to be remedied either by rectification or by a price adjustment to put you in the same position you bargained for. Simply paying the 'full' price and then having the stated inventory reduced unilaterally is not acceptable. Is the broker AYBA?