Whos a good Lawyer
03-06-2014 | 03:13 PM
#101
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Joined: Aug 2013
Posts: 621
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From: Newark, DE
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.
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.
03-06-2014 | 03:25 PM
#102
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Joined: Oct 2005
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From: Plainville/Old Lyme, CT Boca Raton, FL
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.
03-06-2014 | 03:38 PM
#103
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Posts: 621
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From: Newark, DE
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.
03-06-2014 | 04:06 PM
#104
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Joined: Jul 2008
Posts: 3,748
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From: Delray Beach, FL
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.
Last edited by Keith Atlanta; 03-06-2014 at 04:09 PM.
03-06-2014 | 05:02 PM
#105
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Joined: Dec 2013
Posts: 3
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From: Wadsworth OH
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.
03-06-2014 | 05:07 PM
#106
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Joined: Sep 2010
Posts: 830
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From: The Woodlands, TX
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.
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.
Last edited by huskyrider; 03-06-2014 at 05:11 PM.
03-06-2014 | 08:13 PM
#110
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Joined: Jan 2002
Posts: 4,612
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From: ALTO, MI
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.
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.
