Problems with buyer

[tcm]

yes, no more sea trials

I agree. There was a contract which the vendor has fulfilled to date. There was some suggestion that another "sea trial" could be conducted instead of the full trip to st kat's. But I think that this dramatically weakens his position. You are right to say that the boat should stay in positin now - except for a surveyor to verify completion of works - until paid for in full, imho.

I would communicate to clarify the position. Courts don't like people who go all quiet. It indicates dishonesty.

 

[fjweaver]

Thanks everyone - that\'s been a really great help

.

 

[EME]

Re: Thanks everyone - that\'s been a really great help

Mmhh, as a newbie buyer myself there is another take on this.

Despite being an experienced contractor/negotiator I have found the vagaries of the boat buying process sometimes difficult and daunting.

I would firstlysuggest that your buyer has made a major mistake by trying to complete a major purchase privately, there is the possibility that he feels that he has not done everything properly ( after all it is normal to have a sea trial before completion) , and someone may have advised him of that fact. His perception may be that he is being rooked.

Secondly, there is no doubt that you are right in law, but assuming that you want to complete with everyone feeling happy with the whole thing does reverting to the law ( for goodor bad0 really help?)

No, my advice would be to MEET the purchaser, suggest a professional sea-trial in 'Home waters' at his expense with a fixed completeion date ( this weekend)...if he says NO then revert to original contract.



<font color=blue>I am WHAT I say I am</font color=blue>

 

[Observer]

Clarity is the key objective ...

Contractual disputes often happen because something goes wrong between time of contract and time of completion and it's not clear who is liable.

Buying or selling something like a boat, which is a relatively high value item and there is significant potential for accidents to occur or circumstances to arise which would affect either side's willingness to proceed, can throw up many issues of potential dispute and consequences which neither side would have expected or wanted. For example, unless otherwise provided, title and risk transfer to the buyer when the contract is made - when the seller accepts the purchaser's offered price. That is probably not a scenario which either purchaser or seller would want to be in. The seller would want to retain title until he's been paid and the purchaser would probably not want to be at risk for loss or damage before he's taken possession, certainly not before he's arranged his insurance.

I would strongly recommend all sellers and purchasers use a written form of contract which clarifies the important issues. The RYA form is drafted for the purpose and would be my preferred choice, as there is no point re-inventing the wheel, although it can be modifed as needed. However, as a minimum, at least agree in writing these key points:

1. what happens to deposit if sale is not completed
2. when risk is to transfer
3. when title is to transfer
4. a latest date for completion (delivery of boat and payment of price)
5. whether sale is subject to conditions (survey, sea trial) and what happens if buyer is not satisfied
6. items of equipment/gear etc included in the sale price

Clarity on these questions at least is essential. Even if a model form (like the RYA's) is not used, it is worth using as an agenda for discussions and negotiations.

 

[fjweaver]

finally got agreement!

Many thanks to everyone for all the input - being paid up early next week.

Definitely a lesson learnt in having everything written & agreed up front so there's no grey areas on deposits, dates etc

Frank

 

[tcm]

Re: hurrah!

good news , well done.