I do not understand "reasons for turning down the survey". The survey
is yours, done for you. You do not even have to show it to the broker.
What a potential buyer usually does is sign a agreement to purchase that
has a caveat that says your offer is subject to you obtaining a
satisfactory survey. I've never seen a survey that showed a vessel w/o
some deficits. If you get a professional estimate to fix deficits and
if the buyer says "OK, I will pay for all the work as listed" then you
would need to go forward with the deal (subject to sea trials). But
that is very unusual and you can stand your ground on those items you
want fixed.
I agree that most good-faith purchase contracts carry wording such as
"subject to survey" and hopefully subject to sea trials. Some may have
wording about deficits below the water line or deficits not readily
visible as the only valid deal-breakers. IOW, the thinking is that if
you could see the deficit when you inspected the boat and made an offer,
then you should have factored that into you offer. This usually does
not stick though. There are some many places that "are not visible".
The sea trials is important because it is subjective. It gives you the
right to bail because "I just didn't like the way she handled" or more
often the boat will not reach the top speed as advertised.
But any reasonable reason that you can think of to turn down the
purchase especially a deficit list priced by a yard that the seller will
not agree to, is a legitimate deal-breaker.
It gets sticky when the broker has cashed you 10% deposit though. That
should never happen. Escrow accounts are where the 10% should go. Some
brokers will hold your check uncashed. If the broker has spent your 10%
he will not easily give it back. He will argue that your surveyor is
too picky or that the deficits you cite are "normal". Now you are in a
tough spot because it's lawsuit time to get your 10% back.
Perils or Boat Purchase <G>.
Joe Engel
-----Original Message-----
From: Splashmktg@aol.com [mailto:Splashmktg@aol.com]
Sent: Friday, January 03, 2003 10:14 AM
To: trawler-world-list@lists.samurai.com
Subject: TWL: Survey...
I am in the process of buying a 38' Chris Craft and our purchase
agreement
requires us to list the reasons for turning down the survey. The owner
can,
by correcting those items, require us to buy or lose our 10% deposit.
This seems fair to me. We can, of course, still dicker on the work
needed.
Phillip
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