SpottyDog has a new Master/ Brokers

SpottyDog5

SpottyDog5

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22 Jun 2007
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It is not without a tinge of sadness I have to announce the sale of Spottydog:(
I know brokers get a hard time, but I have nothing but praise for the way Ancasta-Mercury handled the sale -well done guys.
Now I can look forward to the new “Spotty” :)
 
Congratulations, I know you have been waiting some time for the sale. you must be very pleased ts now done. Look forward to hearing what is next on your Menu!
 
Hi Guys,
SpottyDog 3 really was Spottydog 4, if you see what I mean !
I kept the fenders for SpottyDog 5.

I have found SpottyDog 5, but I can't really say what it is yet, but agreed the purchase on Saturday, paid the deposit today.

But I have a problem I would appreciate some advice on please.....

The Vessel is 30 years old, but has had an obscene amount spent on her in the last 3 years, including new engines, 2009.
When I signed the contract I asked for sight of invoices to prove providence, broker said he would ask for them, now it appears they don't have them !!!!
Broker said this is not un-common, some people just don't keep them (I always keep every thing) I am now feeling uneasy, I really want the boat, I can see all the new equipment and the engines look like new.but I just don't understand the absence of paper work.

I hope tomorrow he comes up with the goods, otherwise I've feel, I would have to pull out or renegotiate the price as it was based on the information now available.

Would I be in breach of contract, if I pulled out on this basis?
 
SPOTTYDOG3 said:
Would I be in breach of contract, if I pulled out on this basis?
Click to expand...

Depends entirely on (a) what the contract says and (b) whether any representations were made to you before you signed the contract, and what precisely those representations were. To quote your penultimate sentence back to you, a change in the information available in and of itself isn't a valid ground for walking away from a contract or insisting on a renegotiation

Relevant example of (a) would be if the contract says that delivery of these docs to you is a condition. Relevant example of (b) would be if the broker or seller specifically told you before signing that documents existed and were on file and avaialble to you (and you can prove they said that, if they dispute it)

If something is important enought to you that you dont want the deal if it's missing, then for heaven's sake make it a condition of the contract (even if you merely record it in an email, for example)
 
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jfm said:
Depends entirely on (a) what the contract says and (b) whether any representations were made to you before you signed the contract, and what precisely those representations were. To quote your penultimate sentence back to you, a change in the information available in and of itself isn't a valid ground for walking away from a contract or insisting on a renegotiation

Relevant example of (a) would be if the contract says that delivery of these docs to you is a condition. Relevant example of (b) would be if the broker or seller specifically told you before signing that documents existed and were on file and avaialble to you (and you can prove they said that, if they dispute it)

If something is important enought to you that you dont want the deal if it's missing, then for heaven's sake make it a condition of the contract (even if you merely record it in an email, for example)
Click to expand...

Thank you for taking the time to explain this to me, most appreciated.

I am going to get the serial numbers and contact CMD to confirm age and fitting agent.
I believe, I have now got the advert (cheers ogaryo) vendor before last, the ad mentions owners ill heath, so he may have passed away, so history may well have been lost. Will call that broker for more info.
As I stated, I really like this boat, but just need to feel more comfortable.
 
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If the engines were only done in 2009, then find out who did them and speak to them and get some paperwork. When spending that sort money, the owner must remember who did the work. If not then perhaps there is something fishy or something being hidden. Doesn't mean you shouldn't buy the boat, but you need to satisfy yourself that if the boat is being sold with "new" engines having been fitted in 2009 (not just an overhaul - I have seen a rebuild described as a new engine before), you need some proof of this and that the work was done properly. I spose in the event of no paperwork or proof of who did the work and when etc, you could get an independant survey/check done and charge this against the final price.
 
Good news, so you going for the one we spoke about?

See your other posts and yes I would be nervous, I had an engine rebuilt and it looked like new once Col had finished with it....

Good luck in the next few days - happy memories of buying......
 
Just a quick update, I now have lots of invoices/paperwork, amazed how helpful everyone is being.
It apears the owner before last was a loverly old gent, but this sort of thing wasn't inportant to him - bless !
 
I guess the big danger of no paperwork is if there may be a mortgage agreement or a VAT man demanding money when you go foreign.

So lets hope they can find the paperwork, as we don't want a spotless world.
 
CharlieAlpha said:
So lets hope they can find the paperwork, as we don't want a spotless world.
Click to expand...
Bless you !!
I'm much happier now, she is part I registered no lein lodged, have a HRMC letter of Vat status. 40k off refit invoices (not including engines).
Spoken to the yard that fitted the engines, very helpful, and reasuring.

Fingers crossed for a good survey :)
 
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