hanbrowes
New member
Hi. What would you do if items listed in the sales inventory have been removed from the boat after sale price agreed - subject to survey?
Removal of equipment after sale price agreed
- Thread starter hanbrowes
- Start date
sailorbenji
Active member
If it was on a confirmed inventory I'd be asking for return of said items, or reduction of sales price sufficient to allow you to replace said items.
Sticky Fingers
Well-known member
What sailorbenji said.
Do you mean the inventory listed in the brokerage / sales blurb? Or the agreed inventory in the signed sales and purchase agreement? Also, what kind of value are you contemplating here - is this a significant amount?
billskip
Well-known member
You will regret it if you let it slide.....
Tell the agent to return any money paid as a deposit and you will reconsider if a satisfactory secure agreement can be made....
Alicatt
Well-known member
Just what we were discussing today, what we are going to include/leave in the sale of our Casper, our new boat, Hunter, has just about everything except bed linen left on board, and bed linen we would get our own anyway.
I feel that the crockery that we got for Casper does not match our new boat in style or colour, but the wife wants to take it with her. I know that all onboard Casper is new and most are unused, the way things turned out we never got the full use of Casper as we wanted to, due to circumstances beyond our control, and the crockery etc. on the new boat is new and looks unused as well.
We did give the previous owner time to take anything he wanted off, but he said he had already removed all the personal effects that he wanted, and the boat is, as is, the boat belonged to his late father.
Spares, ropes, 2 fire extinguishers, 2 life jackets, etc. etc. are being left, all that is required to set sail bar the crockery
I feel that the crockery that we got for Casper does not match our new boat in style or colour, but the wife wants to take it with her. I know that all onboard Casper is new and most are unused, the way things turned out we never got the full use of Casper as we wanted to, due to circumstances beyond our control, and the crockery etc. on the new boat is new and looks unused as well.
We did give the previous owner time to take anything he wanted off, but he said he had already removed all the personal effects that he wanted, and the boat is, as is, the boat belonged to his late father.
Spares, ropes, 2 fire extinguishers, 2 life jackets, etc. etc. are being left, all that is required to set sail bar the crockery
Wandering Star
Well-known member
If it’s listed in the sales inventory I’d also want the equipment re-installing too! Bloody cheek!
William_H
Well-known member
The difficult question for OP is just what equipment was listed in any manner for the sale.
If it was simply present when he viewed the boat he may be assuming it was included but seller did not intend it to be included. Certainly if it was listed in any from go for it with seller or broker. If it was not listed in any manner then we start to think about what would reasonably be included with the boat as different from optional (personal gear). So any thing installed as in bolted down should be included. Anchors definitely. Fenders perhaps an argument etc. Good luck to the OP ol'will
If it was simply present when he viewed the boat he may be assuming it was included but seller did not intend it to be included. Certainly if it was listed in any from go for it with seller or broker. If it was not listed in any manner then we start to think about what would reasonably be included with the boat as different from optional (personal gear). So any thing installed as in bolted down should be included. Anchors definitely. Fenders perhaps an argument etc. Good luck to the OP ol'will
steveeasy
Well-known member
no comprende?
Steveeasy
Steveeasy
nevis768
Active member
This happened to me, an outboard and dinghy were in the brokers inventory. I noticed they were not present when I viewed the boat, and asked the broker after I made an offer (but hadn't paid the deposit). Didn't get an answer so didnt pay the deposit. I was eventually told there was a new inventory not including these items. I didnt buy the boat.
Refueler
Well-known member
Simple :
If its on paper and listed - then its fair and reasonable to request its return / install as original.
If seller refuses - then as another says - reduced price offer to replace items removed + fair costs of re-install.
If deposit already paid and seller fails to agree - demand return of deposit as sale is no longer as originally agreed as per inventory.
For me - I do not and will not let such go ...
If its on paper and listed - then its fair and reasonable to request its return / install as original.
If seller refuses - then as another says - reduced price offer to replace items removed + fair costs of re-install.
If deposit already paid and seller fails to agree - demand return of deposit as sale is no longer as originally agreed as per inventory.
For me - I do not and will not let such go ...
superheat6k
Well-known member
I find it simplest as a seller to only have kit on onboard that is included in the sale except perhaps some basics such as personal lifejackets, and few other personal possessions needed when the boat is being used, e.g. binoculars. Then any would be buyer is easily made aware they are purchasing the entire boat as she floats, although I have also written up a detailed inventory.
I would never attempt to remove listed inventory, and would immediately walk away from a purchase where this was happening. If they are prepared to do this pre-survey, what else would they take (i.e. steal), after you have passed over your money, but just prior to getting the keys.
It is called trust and this seller has just destroyed that !
I would never attempt to remove listed inventory, and would immediately walk away from a purchase where this was happening. If they are prepared to do this pre-survey, what else would they take (i.e. steal), after you have passed over your money, but just prior to getting the keys.
It is called trust and this seller has just destroyed that !
steveeasy
Well-known member
Ok I’ll guess them. If I really wanted the boat. Id continue with survey and if all was well I’d just mention they are now not on board. Unless I’m wrong then if they were not returned and originally included on the inventory contract(not the advertisement) then you would be entitled to a full deposit refund and survey fees for a breach of the contract.
The clue is in the contract and attached inventory.
Steveeasy
The clue is in the contract and attached inventory.
Steveeasy
ctva
Well-known member
As others have said above, go by the letter of the inventory as agreed.
We had the same on our first boat where a dinghy and outboard were included and onboard. Everything signed and paid for, and when we went to get the keys etc, dinghy and ob were gone. Broker said he’d decided to keep them for his grand kids to use. One phone call and they were returned the next day.
It’s basically deception/fraud or something like that.
We had the same on our first boat where a dinghy and outboard were included and onboard. Everything signed and paid for, and when we went to get the keys etc, dinghy and ob were gone. Broker said he’d decided to keep them for his grand kids to use. One phone call and they were returned the next day.
It’s basically deception/fraud or something like that.
superheat6k
Well-known member
The word I would have used is theft.
LittleSister
Well-known member
I have had similar - things listed by brokers that were never on the boat when I viewed it (and also things listed like wind instruments that didn't exist - no transducer on mast!), but not critical to my purchase. When challenged broker said he'd look into it and get back to me but, typical in my experience of brokers, never did. When I spoke to the owner he claimed that he'd specifically told the broker some time previously that the boat didn't have those things, but the listing had never been corrected.
Most, probably all, brokers have a statement on their listings to the effect that 'the details are provided in good faith, but the purchaser should satisfy themselves . . .', effectively washing their hands of any need to be accurate or honest, and putting the onus on the prospective purchaser to not assume anything, but check, preferably clarify in writing before committing e.g. surveyors fees, and police what is actually there and actually included in the sale and present when it all changes hands.
Brokers generally seem to have a strange concept of 'in good faith'! I have had dealings with numerous brokers over the decades as a serial purchaser, and can't think of one that I would trust, let alone recommend. Maybe it's because I have always been at the bottom of the market, but it seems to me a calling that attracts people who are one or all of dishonest, incompetent, unreliable and lazy.
In the other direction I've had things effectively included in the sale that weren't on the inventory (in addition to the traditional out-of-date flares!
), and also mildly valuable things obviously left on board by accident (e.g part of a sailing tender) that I returned to the previous owners.
In the OP's case I agree s/he should seek the return of the listed items or an appropriate reduction in the offered price if they are important to him/her. This should ideally be done before further committing, but will also depend on how strong their negotiating position, and how important these missing things are to the overall package and its value.
Most, probably all, brokers have a statement on their listings to the effect that 'the details are provided in good faith, but the purchaser should satisfy themselves . . .', effectively washing their hands of any need to be accurate or honest, and putting the onus on the prospective purchaser to not assume anything, but check, preferably clarify in writing before committing e.g. surveyors fees, and police what is actually there and actually included in the sale and present when it all changes hands.
Brokers generally seem to have a strange concept of 'in good faith'! I have had dealings with numerous brokers over the decades as a serial purchaser, and can't think of one that I would trust, let alone recommend. Maybe it's because I have always been at the bottom of the market, but it seems to me a calling that attracts people who are one or all of dishonest, incompetent, unreliable and lazy.
In the other direction I've had things effectively included in the sale that weren't on the inventory (in addition to the traditional out-of-date flares!
), and also mildly valuable things obviously left on board by accident (e.g part of a sailing tender) that I returned to the previous owners.In the OP's case I agree s/he should seek the return of the listed items or an appropriate reduction in the offered price if they are important to him/her. This should ideally be done before further committing, but will also depend on how strong their negotiating position, and how important these missing things are to the overall package and its value.
billskip
Well-known member
Most agents/brokers advertise I've read always seems to have a disclaimer like "these particulars can be changed or withdrawn at any time" ...so the question is , is the op quoting sales blurb carrot dangling..or quoting an "agreement" ..verbal or otherwise....
Either way ..stop ....and get a clear agreement.
Edit..wot littlesister said
Either way ..stop ....and get a clear agreement.
Edit..wot littlesister said
hanbrowes
New member
Thanks for all the replies. Yes the outboard and tender are two of the items, but there are others of some value.
Paid deposit and had survey done. Waiting to hear back from owner via broker. An interesting time ahead. Best wishes to you all
Paid deposit and had survey done. Waiting to hear back from owner via broker. An interesting time ahead. Best wishes to you all
billskip
Well-known member
If you do walk away... I would advise not to give free of charge your survey if asked.Thanks for all the replies. Yes the outboard and tender are two of the items, but there are others of some value.
Paid deposit and had survey done. Waiting to hear back from owner via broker. An interesting time ahead. Best wishes to you all
Good luck..
Fr J Hackett
Well-known member
I would be looking to recoup all costs incurred from the survey onwards.
billskip
Well-known member
It certainly seems one of the easiest business (along with estate agents) to grossly misrepresent an item and have a simple get out clause....not my fault guv e changed is mind...
