was i correct

[alanhanson]

its now a year since i sold my boat to a syndicate.i accepted offer subject to survey and the survey pulled up a few things which delayed the sale by about 6 weeks.
the buyer then paid the remaing cash less aprox 2k due to time lost over the delay.they aready had all the title papers as they had pre checked the title.
i took legal advice which i had to pay for and was told i could legally remove goods to the 2nd hand value of the witheld monies.
this i did the buyers threatened to sue but eventually paid up the majority of the remaining purchase price.
i delivered goods back to the boat.
should i have contributed towards the delay in cash ?.(legally i did not have to)but morally?
was i right to remove goods ?
should i now give the syndicate some last bits which were not part of the contract but really should be on the boat after they caused me such hassle.
they are of little use to me but would i am sure be a lot of use to the new owners.

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[dom]

I would not think that there is any justification legal or moral for the £2k deduction and I have never heard of anything like it. Say you sold the boat for £50k then that is 4% of the purchase price! Personally I would not give anything more to them - as time goes by it will only make you feel used.

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[nct1]

Aha a moral maze question.

Would you have returned all their deposit if they had not liked the survey, or would you have taken your costs out of it ?

After the survey, was the drop in price re-negotiated or just foisted on you ? and would a written agreement have helped all parties ?

Of course hindsight is 20/20

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[Robin]

It sounds like the syndicate had a solicitor advising them and trying to earn his money. Yours then did the same and the result is that both parties are ticked off!

Selling a boat you have loved is hard, you want it to find a good home (I know I'm a big softee!) and if something like this happens then it sours the occasion. I doubt I would now pass on anything I did not have to by the strict letter of the law, especially if I could either sell it on the forum or give it to someone who might genuinely appreciate it.

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[Evadne]

Unless you had promised to deliver the boat at a specific time, regardless of the survey, or felt you were responsible for holding up the sale unnecessarily then I'd say you are morally in the clear. If the delay in no way devalued the boat, then in my limited experience there are almost never grounds for claiming for consequential loss, so legally and morally they would appear to be legless. It sounds like they tried to shaft you, and got narked when you got them back, although it'd be interesting to hear their story. I'd keep the souvenirs, unless they've had a change of character or your conscience is really troubling you.

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[alanhanson]

the deposit would have been returned but they had to pay for the lift.
the witheld money was given to me as a fate acompli no negotiation.
we had a written agreement that was why i was on solid ground according to my legal adviser.
but the syndicate thought they were in a strong position due to the waisted time.
the work completed was warranty work which was slow due to parts from france.

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[nct1]

In that case, I would agree with Robin's comments.

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[DeeGee]

what did the survey 'pull up' ?

was the money withheld specifially for the delay, or for the rectification of the survey things to be ratified? I mean, if the survey showed you had a leak and you got it fixed in the 6 weeks, I would withold until it was clear that the leak was clear. How much is irrlevant, as it is just an incentive for you to properly sort things.

If it was just for the delay, you were quite right to do as you did, and, now things are settled, you can offer them the o/s useful things at a price which will satisfy you and them, otherwise take em to the next big boat jumble.

<hr width=100% size=1>Black Sugar - the sweetest of all

 

[robp]

Nah...36CC wasn't it? I'll have it.

Rob

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[alanhanson]

the boat was re surveyed and given the all clear.
the main point they were pushing was loss of interest
and having to pay for the boat to be resurveyed
i contributed to the cost of the boat staying on the hard.
the bits i have have no monetry value at all to sell on.

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[alanhanson]

the boat was re surveyed and given the all clear.
the main point they were pushing was loss of interest
and having to pay for the boat to be resurveyed
i contributed to the cost of the boat staying on the hard.
the bits i have have no monetry value at all to sell on.

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[DeeGee]

Ah, the plot thickens... what was wrong in the first instance that they had to have it resurveyed?

<hr width=100% size=1>Black Sugar - the sweetest of all

 

[Robin]

I must have been wrong then cos nobody agrees with me usually!

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[alanhanson]

some fitting on the gooseneck not a big job but a hard to locate part !

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[DeeGee]

Surprising it needed a resurvey... probably cos it was a syndicate. Difficult for whoever reps the syndicate to approve a fix, esp if it goes wrong.

So there was a long delay, probably seeming all your fault from their side of the fence - they had to get a resurvey to make sure it was fixed. Understandable, but it does indeed seem a bit OTT to hold back £2K.

<hr width=100% size=1>Black Sugar - the sweetest of all

 

[scarlett]

Big smile

Offer them the bits with a big smile and recognise yourself as a true, big hearted gentleman. Maybe it was not the whole syndicate but one of two difficult characters. What would you like them to do if the position was reversed?

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[Twister_Ken]

As it was all a year ago, if you turn bearing gifts now, they'll probably think "Who is this nutter?"

Let sleeping dogs fart.

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