TAMD 122 450/480 hp, same value?

[stefan]

I bought a 1989 Princess 55 earlier this year and found that the boat has the 450 hp version of Volvos TAMD 122 motors instead of the 480 hp that were advertised and I wanted.
Now the seller (broker) of course say "I didn't know" and
"In any case it does not affect the value or performance of the boat.
Do you agree or should I sue him?
There are some other differences in the advertised and sold
condition of the boat that I could add to the list if I decide to
go to court.
Stefan

 

[miket]

From memory the brokers usually have a "cover all" paragraph at the end of the details, often in small print, that says that the details have been supplied by the vendor (owner) and there may be variations in the spec'n, etc. i.e. the details may be rubbish but it's not their fault!

It's much the same with surveyors (land or sea), and many other bodies. I think they are caleed indemnities.

When did you last meet a broker who was "professional"?

 

[Chris_d]

I bought a boat advertised with a BMW B190 engine, in the spec it said 190hp, after I bought the boat I found out it was a BMW B220 which is rated at 190hp at the prop, the B190 is 165hp at the prop.
So I guess I got an extra 25hp for free, the Brokers details also had the fuel and water capacity wrong, the overall length and displacement wrong, and the boat was even licensed with the wrong details with the EA for the Thames.
The brokers all cover themselves with the small print and even the owners don't seem to know what they have got.
If you look through the brokerage section of MBM/MBY and you know your boats, I guarantee you will see numerous mistakes similar to yours, a lot of Brokers don't even view the boats they are selling and reprint old details from similar boats, so mistakes get repeated and even become accepted.
I think you would struggle to make a case on this one, given the generaly low standards set by the industry.

 

[stefan]

Yes, I agree. I bought a Fairline 33 1995 and had it checked
by a recommended surveior. All was supposed to be Ok. Later
I found both legs were totally destroyed by galvanic corrosion and the repair cost was in excess of gbp 4000 (Nobody could
understand what kept them together one summer).

In my country the broker is responsible for hidden faults etc. he cannot hide behind the small print. What I try to determine is how it affects a future sales price that the motors are
slightly smaller than they should be. Comparing to cars, there
is always a difference in price when you add a few hps.

If the monetary difference is small I wouldn't make a case
considering all cost and trouble involved... but it hurts to be
fooled and the taste of revenge...

 

[Guest]

Re: but in defence of brokers....

1. A broker is exactly that. The purchase is made from whoever owns the boat.
2. Your surveyor would have revealed the type of engines and other faults. You can sue a surveyor, whose advice you buy.
3. Your posting in June says that you bought it with twin 450 engines - no mention of 480's?

 

[stefan]

Re: but in defence of brokers....

Matts, I'm not sure which issue you refer to in your point 1.
As to surveyors, he might have revealed the fact about the motors, or not. It is not very easily obtained. I called Volvo Penta as the engine manufacturing number is the only way to determine this matter. The different versions of this motor are 100% similar in appearance .
The broker claims that he checked thorough enough having checked the motors with the German ships register, that however is an instance where you report the data you wish.
The boat was advertised and sold claiming to have 480 hp
motors when in fact they are 450 hp.
I'm sure most brokers and surveyors do a great job. However
like everybody of us, if they make a mistake or allow themselves to be misslead in the wrong place, they must pay for it, or hopefully in the end the previous owner, having given
wrong data.
A surveyor in the right place can help to avoid situations like this in advance, but the sellers/brokers responsibility is there when the goods sold show hidden faults. What need to be
determined is it worth the effort to go for them.
stefan