Removal of equipment after sale price agreed

[Fr J Hackett]

I think we should all defer to Poignard on this matter as he has recently sold his boat and judging by the quantity of stuff that he keeps putting in the for sale section he must have stripped it bare.

 

[Poignard]

I think we should all defer to Poignard on this matter as he has recently sold his boat and judging by the quantity of stuff that he keeps putting in the for sale section he must have stripped it bare.

That's unkind.

I am a generous man.

So much so that I have left half a tin of boot top paint on board so that the new owner can move the waterline down.

 

[LittleSister]

. . . I have left half a tin of boot top paint on board so that the new owner can move the waterline down.

. . . on one side of the boat, anyway.

 

[Irish Rover]

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

If the broker is a member of a professional body I'd be considering a complaint.

 

[Alicatt]

I was quite surprised to see two pairs of Swarovski Binoculars left onboard, one pair were range finder/compass too.
Almost £6k worth of optiks

 

[Sticky Fingers]

I was quite surprised to see two pairs of Swarovski Binoculars left onboard, one pair were range finder/compass too.
Almost £6k worth of optiks

Your good luck I guess. Sell them on and buy some boaty upgrade bits.

 

[steveeasy]

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.

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...

Perhaps someone can clarify that prior to survey the purchase contract and attached inventory. If so, its only easy if the seller is allowed to get away with it. my understanding is by signing a subject to survey contract. both parties are obliged to complete subject to survey matters only. So the seller not providing the included items is not making the goods available to complete the contract and this would be a clear breach of the contract. the buyer would have a good case to pursue for his loses, that being more than deposit and survey costs. cant see how a broker disclaimer can in any way change that obligation.

Steveeasy

 

[billskip]

If everything was watertight we wouldn't have this thread.

 

[B27]

In my experience, it can be difficult to get a proper inventory and sometimes it's down to the buyer to make clear the terms of his offer.
Like buying a house, you offer £xx 'to include carpets and curtains' or whatever.

When an inventory says 'warps and fenders' that may not mean every bit of rope on board and every fender hanging over the side. You may have to be explicit about what sails are included, I sold my Laser without the best sail, because the buyer was going to buy a new one anyway.
One yacht I bought years ago, the seller suddenly decided he would keep the GPS, because it had 'all his waypoints in it'. We negotiated a sum off the previously agreed price, which was a bit low, but then it wasn't new and these things don't last forever.

There are a lot of grey areas.
Dinghies and outboards are commonly retained for the new yacht.
The might be a liferaft onboard, but in the old days, it might have been rented not owned?

Sometimes tenders are 'by separate negotiation' which can be a ruse to avoid paying broker commission on that part of the deal.

 

[Alicatt]

We discussed it between the seller, the broker and ourselves on what was being left onboard, the seller said everything that is currently onboard can stay, he had got all personal effects off and as he had a warehouse full of his late father's stuff he didn't want any more.

I know what he meant, being the last survivor everything came to me, and after 14 years I'm still trying to get rid of stuff, already skipped a full skip load of junk away when my brother passed and cleared out the garage.

 

[Tranona]

Perhaps someone can clarify that prior to survey the purchase contract and attached inventory. If so, its only easy if the seller is allowed to get away with it. my understanding is by signing a subject to survey contract. both parties are obliged to complete subject to survey matters only. So the seller not providing the included items is not making the goods available to complete the contract and this would be a clear breach of the contract. the buyer would have a good case to pursue for his loses, that being more than deposit and survey costs. cant see how a broker disclaimer can in any way change that obligation.

Steveeasy

That is exactly right. It is only the contract that really matters and important that the agreed inventory is part of the contract so you know what you are buying. something like "I saw a dinghy there and assumed it was included....." does not wash.

 

[steveeasy]

That is exactly right. It is only the contract that really matters and important that the agreed inventory is part of the contract so you know what you are buying. something like "I saw a dinghy there and assumed it was included....." does not wash.

Equally. A brokers advert may be inaccurate and a disclaimer by them can cover that. However the contract they draft for their client and thier buyer is binding in its contents and attached inventory. So if it includes an item the seller wished to keep but the buyer accepted was included when it was signed and deposit paid. It is included. Full stop.
Steveeasy

 

[Paulfireblade]

I was lucky, the previous owner lncludedmany valuable items in the sale, i.e fairly new tender, onboard, life raft etc etc.

Once purchased I couldn’t find the soft wood bungs, I thought I might be looking in the wrong place so when I asked he said I wanted to keep them for when I get a replacement boat”

I think they were on the inventory but Hey ho, hardly a big ticket item

 

[Poignard]

When I was buying my last boat the broker's Sales Particulars showed a picture of her with a liferaft secured on the coachroof. The liferaft was not listed in the Inventory and I did not get it (I wouldn't have wanted it anyway).

I relied on the Inventory, not on the picture; which was an old photo. There was no intention to mislead me.