Used boat, bought from broker, what does warranty cover?

CaptainBob

CaptainBob

Well-Known Member
Joined
7 Nov 2007
Messages
1,477
Location
North Yorkshire
www.yacht-forum.co.uk
Bought a used boat which was owned by a broker, so it's come with a 3 month warranty.

Not too clear in the wording of the warranty exactly what is and isn't covered, but it's a standard warranty they are duty bound to include, so I guess some of you lot know in detail.

For example - it turns out that a water tank bag used for our pressurised hot water system seems to leak quite heavily. I guess it may have been like that before - hard to say - might it be covered?

Thank you!
 
I suspect that as the boat was sold as "used" then there will be get out clauses galore to protect themselves from this very sort of thing. I suspect they will point at the survey that they will probably have advised you to get done.
 
when you say from a broker, I assume then you mean bought from him as the previous owner. There wont be any warranty if he is acting as a broker on behalf of the vendor.
But, I m not aware of any standard warranty. Unless you have something in writing from him, I d fear its pretty worthless.
 
If the broker was acting as an agent for the seller I guess you will have little comeback. If the broker owned the boat (maybe because it had been traded-in) then you are covered by the Sale of Goods Act, etc. There is much info about this on the internet. A search will give you all the info you need (and more).
Either way, good luck.
Alan
 
sure, but then the broker owns the boat.. ie, he is the owner and has obligations in the course of running his business.
But, if he acts as a BROKER, then he doesnt(regarding a warranty)
Still, unless you have something in writing, its goodwill, and thats about it...
Does work though. I ve had £000 fixed under just such an arrangement, but he could equally have just said , bad luck, mate.
 
[ QUOTE ]
Bought a used boat which was owned by a broker, so it's come with a 3 month warranty.



[/ QUOTE ]

Not sure which bit of this some people arent understanding. You bought the boat from the broker, and he gave you a 3 month warranty. The question is, "does the warranty cover the burst water bag?" or "What does the warranty cover?"

I dont think there is such a thing as a standard warranty - so what does the warranty actually say in relation to things like water bags? or could you scan and post a pic of the whole thing?

I doubt whether it covers very much and that there will be plenty of get outs hidden in it.

Might be worth asking the broker the question and if he says it isnt covered, ask him which bit of the warranty says it isnt.

If you think it's covered, and the broker refuses, you are into legal argument, then its a question of is it worth taking the trouble?
 
To clarify:

Broker owned it. Was a PX on a new boat.

Warranty is the standard sale of goods act document, which was included in the documentation they provided with the vessel.

Guessing we're probably not covered, but as you say, no harm in asking.

Cheers,
 
My thoughts.

If the advert included a statement like 100L fresh water tank, then you can argue that this is not possible. If it is not mentioned on the advert, then it would be bought as seen.

This is only a personal take and has no founding legally or otherwise.
 
There seems to be an underlying specific here.

Is it: "For example - it turns out that a water tank bag used for our pressurised hot water system seems to leak quite heavily. I guess it may have been like that before - hard to say - might it be covered?"

Pre-used vessels are almost always sold "as seen" whether explicit or not. You write of a warranty - this is either the original which has been transferred to you, or some personal guarantee given by the vendor to get you to buy it. Faults that were disclosed at the time of sale are deemed to be declared and known to the purchaser - therefore you will get no cover. Non-declared faults will be down to you to discover by survey: if you didn't do that, you are most likely on your own.

Sorry to be on the downside, but that's the reading, as you present it to us.

PWG
 
[ QUOTE ]
Pre-used vessels are almost always sold "as seen" whether explicit or not. You write of a warranty - this is either the original which has been transferred to you, or some personal guarantee given by the vendor to get you to buy it. Faults that were disclosed at the time of sale are deemed to be declared and known to the purchaser - therefore you will get no cover. Non-declared faults will be down to you to discover by survey: if you didn't do that, you are most likely on your own.



[/ QUOTE ]

I read it as the seller, (who happens to be a broker), gave him a 3 month warranty, not a warranty up to survey, (which would have been before purchase anyway).

However, he goes on to say something about the usual Sale of Goods warranty, which you would expect to be open ended.

I must admit to being confused as to what the warranty might be and what it might cover.
 
[ QUOTE ]
Warranty is the standard sale of goods act document, which was included in the documentation they provided with the vessel.

[/ QUOTE ]

I've no idea what a standard sale of goods act document is. Is it modified to be specific to boats, or is it effectively saying that you are covered by the sale of goods act i.e. the product must be as advertised and fit for purpose.

I would have said that a water tank was a pretty integral part of the boat and, as such, covered by sale of goods for a reasonable period of time.
 
since the dealer was selling the boat as part of his trade, he has to make sure it is of mechantable quality and fit for purpose. just like with a car. and whether you have a survey or not doesnt alter this. for that matter, the dealer cannot limit his liability to 3 months either.

If you have an internal water tank that is leaking then I would expect it to be covered. Its not functional so its not just wear and tear. Incidentally, dont bother about what is covered on any paperwork - thats only ever additonal to sale of goods rights, never in the place of. and its his liability to you not the liability of any insurance company he might have bought the gttee from.
 
I purchased a boat from a broker, the brokers owned the boat themselves, had a major problem within 7 days & they didn't want to know /forums/images/graemlins/shocked.gif
 
[ QUOTE ]
I would have said that a water tank was a pretty integral part of the boat and, as such, covered by sale of goods for a reasonable period of time.

[/ QUOTE ] Emotions aside, is it? A boat need to float and that's about it, anything else is negotiable after that.

If we followed what you say Richard, then you would kill the second hand market stone dead.

Caveat emptor on fixtures and fittings surely.

I am not saying I would not be peeved, nor that I would not disclose things on a sale, but on second hand boats faults arise. A 12 month warranty on a boat which requires constant maintenance is, well, I would not give one on my boat.. not that I don't trust her, but things on boats break, fail etc. If I thought the buyer would come back at me because he pushed it and broke a genoa track or the like, as said, I could not sell the boat.

Surely the sale of goods act covers sales of items that will break, even through normal usage.
 
[ QUOTE ]
[ QUOTE ]
I would have said that a water tank was a pretty integral part of the boat and, as such, covered by sale of goods for a reasonable period of time.

[/ QUOTE ] Emotions aside, is it? A boat need to float and that's about it, anything else is negotiable after that.

If we followed what you say Richard, then you would kill the second hand market stone dead.

Caveat emptor on fixtures and fittings surely.



[/ QUOTE ]

In general I agree with you - once bought, it's your boat, warts and all - sothe second hand market is protected from me /forums/images/graemlins/smile.gif

BUT

In this instant the boat was bought from, (not through), a broker who gave a 3 month warranty, or a sale of goods warranty, or whatever - the problem is that we dont actually know the contents of the warranty.

I would equate it to buying a 2nd hand car from a dealer.... you expect more from the dealer than you would from ordinary Joe, (actually, we probably expect zilch, but you know what I mean).

Anyway, it will be interesting to hear what the broker has to say - paperwork and the law is only worth anything if you are willing to spend money to enforce it.
 
U quote: Guessing we're probably not covered, but as you say, no harm in asking.
_______________________________________
You have not shared with us the wording of this warranty you mention. If it says goods to be of merchantable quality - ie fit for purpose, or goods are warranted free from defect for 3 months - or some such - then you seem to have some basis of redress.

Assuming you have made known to the vendor your concerns, and he stands by his warranty, and you have got an estimate to make good the defects, you are set to make a claim - apparently. The vendor should be allowed the chance in the first instance to make good the defects at his own expense - but to your satisfaction.

Central to these matters is "what was in the mind of the contracting parties at the time of the deal" If you bought on the clear understanding that the goods were etc - as above - and you have the papers to substantiate it, then you should make progress.

It's always worth a go because the vendor may make an offer - perhaps short of what you want - to make you go away: and this is clearly better than nothing.

PWG
 
I would have thought it came down to how the boat was advertised. If the tank was mentioned in the paperwork as a functioning pressurised tank then it seems you may have a slim chance of redress against the seller.. especially if there is a written warranty. If the leak was pointed out to you then you have no hope. If you had an independant surveyor and he examined the tank and it pressurised o.k. with no leaks at the time, then it seems you are unlucky to have it go faulty since then. Surveyors seem to be liable for little if things go wrong unless it is found to be major structural faults they have missed. I wonder if you are near the coast, what your local CAB's solicitor would advise from a short consultation? If you didn't get it surveyed, then get it done quick as there may be more things of greater importance that get uncoverd inside the warranty period.
 
You must log in or register to reply here.

Share this page

Top