Offshoreonly.com - Whos a good Lawyer

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Quote:

Originally Posted by 302Sport (Post 4085446)

Totally agree and sometimes you just have to tell the buyer that it is priced the way it is because it's an as is where is price.

We buy/sell aircraft and the one thing I always thought was flawed for the seller was agreeing on a purchase price before the inspection because the only way to go is down.

Say you are asking $110k but have agreed to sell your boat for $100k. The survey comes back not so great, now the buyer says, "Oh we'll now I'll give you $90k."

We'll if that survey came back flawless, would he now give you the $110k. I don't think so. This especially holds true to over the phone deals where a price is agreed upon and the buyer shows up and picks the boat apart. Once the seller accepts a number, the only way to go is down, so in my opinion the boat should be surveyed and seen in person before numbers are discussed. If the buyer isn't willing to do that, then they most likely aren't that serious.

The only down fall is if you as the buyer go ahead and get a survey done on the boat before talking numbers you are almost agreeing with the price that they are asking, and giving alot of power to the seller as you have already put several hundred doll hairs out. You invest $800 in a survey then try and hagle the guy when the survey comes back clean isn't going to work out in your favor. The price agreed upon prior to the survey is based on the survey coming back with no issues that aren't already known. I understand what you are saying, and that can work in the sellers best interest, but as a buyer i would NEVER pay to have a survey done prior to coming to an agreed price unless I was prepared to pay the asking price.

This way levels the playing field and puts some power in the sellers hands. Otherwise the seller is slitting his own wrists, first accepting an offer lower than asking price, then getting picked apart on the inspection. If the survey comes back 100 percent, there's no reason you can't still make a less than asking price offer, at least at that point it is the final number with the survey and inspection being already completed.

Quote:

Originally Posted by 302Sport (Post 4085533)

The seller has more power then the buyer to start a transaction, as the seller has something the buyer wants. Now that is unless the seller must sell for whatever reasons, may it be financial or whatever is forcing the sale. If someone came to look at my boat, and paid for a survey of lets say $800 I now have leverage on that buyer plain and simple. Not only do I now know anything that may come up on a survey with my boat, but I also know the buyer is MUCH less likely to walk away from the deal as he is already invested.

Quote:

Originally Posted by Tinkerer (Post 4085220)

GRIF - In real estate you HAVE to disclose any and all defects and problems. IF you don't you will lose in court. It is not buyer beware.

That depends on the state you reside in. Not the same in Florida.

Whether it is caveat emptor or not... the older I get the more I treat every transaction as buyer beware.

LOL - You should move to Miami, you would find out what the real meaning of buyer beware really is... its more like wild west.

Guys, I had this long explanation written out but accidently erased it and just don't have the time right now to go back and fill back in all the details. Its kind of a crappy situation for all involved but Ed has been great to deal with and has never not once taken my call in regards to this situation. Yes there was a problem with the motor when it got to me. Several severely broken lifters that did a lot of damage to the engine. We all know the shoulda woulda coulda's on this situation apply to all 3 of us involved. Buyer/broker/seller. We all share in the blame in. Ed has stepped up big time to offer some financial support because he feels bad, the seller has not. We will get through it and life will go on.

Quote:

Originally Posted by Cigtech43 (Post 4085521)

Guys, I now own the 42 Nortech in question.

Welcome aboard.

My heart truly breaks for you at this moment.
I'd say there are many more members here than we can imagine that have had rocky starts and higher expense items that they might have ever thought in the pursuit of this fun we enjoy.
Many bail at the first chance, sell their,sled, and look for other forms of release enjoyment.
I sure hope you don't fall into that trap.
I sincerely hope that the seller will offer up, even if just a little, help as a sign of consideration.
And if he doesn't don't hold it against him as it's the nature of the sport.

I look forward to your contributions in replys and threads you start.
Trust me on this, what we do is a lot of fun and once out on the water you'll soon be having a blast.
She sure sounds like a wicked.cool ride.

See ya,
Kelly

I was typing as you made your 2nd post. He's a good man and I'm glad was there to help a bit.

Well congrats on your new ride ride Cigtech43! It is bad a$$!! Hope you get it all fixed up!

Congrats on the new boat Cigtech43, and Kudo's to Ed for stepping up to the plate.

I NEVER saw any second document. The only one I have ever seen was the disclosure one. If I was buying a boat " AS IS " I would expect problems. This was NOT an " AS IS " boat. An "AS IS " house here would be real junk and damage would be very obvious.
It all depends on what is wrong with the engine. If it is a bent valve I could see it happening when the engine was started for the first time by the buyer. missing lobes or bent rods would be another story.