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Discussion Topic: Boat Yard practices
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Greybeard |
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@flonker, the yard talked the op out of having the survey, and gave assurance there was nothing major wrong with the vessel, I believe the word "guarantee" was used as the first post indicated.
It could of course be "speculated" that the survey was carefully sidestepped on purpose to hide the rot found previously.
"just saying"
my appearance is down to me, my attitude is down to you.
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flonker |
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With respect GB that is not what I queried.
In brief, what liability is the marine surveyor accountable. They seem to request, demand, a considerable sum for their services. There must be a degree of responsibility. Do they have insurance to protect themselves and in return their customers in the event of a consideration with regard to a conflict of opinion, an error in recognising a problem.
Dwile Flonker
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Greybeard |
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I don't know the answer to your question,,
but it makes little difference to the op since he was dissuaded from actually having a survey,,, with unfortunately, disastrous results.
my appearance is down to me, my attitude is down to you.
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aledsav1 |
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After the fact, I have done much research, and yes surveyors are insured though I am sure they have strong clauses.
I also am able to turn my hand to most anything, which is fortunate given our situation, also George at LBY who I took the boat to for his opinion (disgusting) has offered to assist with guidance and ordering materials through his BY, so am just waiting on a mooring to come free at LBY (as cannot be carried out at present mooring) in order to commence gutting, replacing stringers and then refit. Now, this is a mammoth undertaking as the boat is 43ft, but it is financially the only option available.
We cannot sell on as I would guess we would lose £10+ thousand, and all of our life savings went into this, with a nominal amount held back for necessary expenses, the biggest one being that the boat needed a freshen up, painting all of its outer.
As has been mentioned finding issues is not uncommon, and maybe a survey would not have identified the rotten stringers.
But my issue is the selling practice of the yard concerned, as we made very clear our financial situation and when the yard said about saving money by not having a survey, we then said our concern, that if something came to light that would cost £5000 we could not afford to get it repaired, we were guaranteed that nothing would be wrong with the boat that would cost that much.
Now this was the yards representative I do not know what position he holds, but when I then approached the owner and mentioned the above his reply was:
'Do not try and put this on me, I do not know what was said to you and am not responsible for this, it is a case of 'Buyer Beware'
Now I understand 'caveat emptor' however as far as I am aware what was said during the selling of the boat forms part of the description in some manner, and if there is anything that influences the purchase then there is a responsibility on the part of those who 'influenced'.
I have written to those concerned, and await a reply if any, I will then look at the next step to take.
alan
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L'sBelles |
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I totally understand your grievance, Alan.
The survey may not have discovered the problem but a boatyard talking you out of having a survey done was, at best, poor advice or, at worst, deliberately trying to hide serious flaws from you.
At least the second yard appears willing to offer assistance to you and to be fair to the industry most do.
Trying to take a positive from the sorry episode, as I did with mine, at least you can be sure you will end up with a solid deck and your boat can be refitted just how you want it. It will just take time!
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Greybeard |
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Good luck with your project,
and the boatyard has said,, in a figure of speaking that he couldn't give a flying fig what dodgy or misleading tactics his salesmen use,, so long as they sell the vessel it's nothing to do with him.
nice way to do business!
looks like you already have one for your "avoid" list.
once we know the yard, maybe we can all avoid it,after this who in their right mind would choose to do business with this shower.?
and lets hope of better luck with George at lby, he sounds much better and I expect has a better moral code.
my appearance is down to me, my attitude is down to you.
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Stingers |
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Alan,
The Small Claims Court may be worth considering as it is not an expensive route to take (5% of the amount claimed, I believe) and you can represent yourself. I have had to use them twice in the past, not connected with a boat-related issue, and have won my case both times. Take a look at it on the gov.uk website.
Good luck,
Andy
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aledsav1 |
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Greybeard pm sent
Thanks all, I will probably speak to a solicitor next, as the small claims (which I have used before) is close to £500 with no guarantee of success, and if a solicitor advises against pursuing then that £500 will be much needed for the project
alan
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JollyRodger |
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I'm guessing that the boat in question is a small cabin cruiser and, to be quite blunt, £10,000.00 is going to be a boat with problems. What I do find objectionable is the assurance that £5,000.00 would cover any eventualities, that just isn't realistic, either to expect or to suggest, at least not without doing a basic, visual inspection, e.g. lifting the floorboards. Terry Tibbs has suggested legal advice, I'm inclined to agree. It does appear to me that the yard concerned has been negligent.
Jolly Roger
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Dzign |
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The op said the boat was 43 foot...
L
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Oct-15-2021 @ 9:16 PM
