Sunrocket24

I am just a poor enlisted Military man and have been active duty for the last 13 years. It just blows my mind with the sense of entitlement people with money have! This guy spent 100k or more and did not have the boat properly checked out and now wants to sue somebody because he is dumb. I wonder why people hate our great nation???

Tinkerer

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.

Crude Intentions

You still have to have a home inspection to find out problems realtors don't know about. Supposedly boat ran good when winterized. A problem unknown to the seller isn't his fault. That's why there are surveys and mechanical inspections.

Tinkerer

I.C.U. - You don't need inspections. I have purchased three houses and on the last two only had the inspections done that the bank demanded. ( termite and radon ) I did the others myself. But if you buy a house and find out after the fact that the house had a problem and the seller had done a improper shoddy repair. The seller is liable. And Will lose in court. Seen it many times. If you ever had a flood and don't report it to the buyer you can be in big trouble. Most home inspections are a worse joke than boat inspectors. I have been in construction for the last 42 years.

US1 Fountain

[QUOTE=eddie;4084623]



The boat was towed to the ramp, due to the fact it was around 20 degree outside and we had to move three boats around to get the Nortech off the lift and on it's trailer for the survey and at that time a mechanical inspection at buyers request.



A survey was done but no sea trail due to the weather conditions. Buyer declined to do a mechanical inspection later and instead have his mechanic go over the boat once delivered in OH.


If the seller and the broker knew there was a problem, it sure doesn't sound like they were trying to hide it since the buyer was going to do a mechanical survey, but then he himself decided against it at that time.

How do we know it wasn't damaged by the buyer and/or his mechanic? RAF says it was a bad motor from the get go, and everyone is just assuming that to be the case.
That problem was noticed while adjusting the valves... wouldn't you know there was a problem as soon as it started?

It just seems like the seller and broker provided a lot of info and receipts to the seller. Not something you'd do if there was an issue, knowing at some point in time, the new owner is goinna want to turn the key.
Just some random thinking here.

36Tango

If you clearly sell the real estate "as is" you do not have to disclose anything and it will hold up nicely in court.
A boat or a car would be the same......

Eliminatorshane

I got into a similar situation on my eliminator in the ben lehman thread. The only thing that I had to help me was it was advertised as a 572 etc. redone and had it in writing. They made good after threatening to sue them and I had a case. But in my opinion what kind of surveyor would not run the engines. Even here on grand lake tom would never do a survey without running engines. Now for second opinion it's a performance boat stuff breaks! And it could have broke when he started it or when it was shut down after winterization. Ed champion is a good guy , I've never bought anything from him and he probably would never remember me but he has a good reputation. He's not gonna ruin his to make a sale on one boat when he sells many. I know this sucks for all involved and I went through headaches myself but here's what I learned. I will never ever buy another boat without looking at everything close again. Parts break move on and get it fixed and enjoy it. But I can't stress enough that ed champion is not out to screw somebody and if he knew it was broke it would have been addressed. And for some who think I'm just sticking up for a buddy I can't stress enough that I have never dealt with Ed on anything buying or selling but have talked to him on the phone and he has sold friends boats and they praise him!

Griff

This entire thing sux for all involved. I hope the involved parties resolve the issues amicably.


There are at least 5 very reputable high performance shops at LOTO that could have done full mechanical inspections.


The SELLER has to disclose KNOWN problems and the broker discloses what he KNOWS to potential buyers.

As stated in post #18 by the thread starter(who is not the buyer)

spk1

I was leaning toward blaming the seller, until both the broker, and the seller, stepped up and explained their side of the story, the documentation the seller seems to have proves he was very forthcoming with information on the boat regarding the sale, having a bit of experience with the outright gremlins, and other unexplained sudden mechanical failures that occur with our hobby, I can honestly say in just the very brief mechanical history he gave on the boat to us here on OSO, I got a bit of the pucker factor, and I am sure most of you that have been through the issues that arise with big power, that pucker I felt tells me with no doubt the seller shared plenty, and in my humble opinion seems to be a straight shooter. Facing the music in a case like this takes character both broker and seller faced the music.
Now as far as the buyer, I do not know, as we have not heard anything, so even giving him the benefit of the doubt I must ask, What is his previous boating experience? Has he ever owned or maintained a boat of this caliber, and if not what boat and experience does he have? I ask this question, because not getting a full on survey, mechanical, structural, etc, is a rookie mistake, experience in high performance boating, teaches all of us, that if we cannot run the hell out of it in person, and even if we can, it will take a top level mechanical survey to ensure the best protection, and even that is not fool proof.
Next, if the buyer was not experienced with this type of boat, and he did try to run/ sea trial it when it arrived, then there are a great many simple amateur mistakes that will fry and engine, lifter etc etc, that can happen in mere seconds. I did not hook my boat to a hose until I had paid a mechanic to show me the proper procedure, I still get weary running it on the hose even though it must be done, so that being said, I would push the buyer to reexamine his initial test run, and also understand we all get that first impulse that the seller knew something and screwed us, whether it happens on the first run, or the fifteenth, its natural,
in most cases though its just typical wear and tear, something we caused ourselves , or just something that neither side had a clue about, as the best disclosure I ever received when purchasing my boat, the seller told me, it worked great the last time he ran it, it worked great on the sea trial, however, he is not a magician and cannot guarantee it will not blow up the next time I turn the key. That was the most honest mechanical evaluation I ever received and a lot of times I pass that same advice when I am selling something mechanical, because a lot of the time we just do not foresee mechanical failures, (just ask anyone who has towed their rig a thousand or so miles for a poker run, and spent several thousand on top of that for prep and the party, just to be shot down with a drive engine or mystery failure of some sort that leaves you out of the fun. Its just the ups and downs of our hobby. Best of luck to all involved, and my only advice would be to give the benefit of the doubt to all of yourselves, buyer, seller and broker. Try and move forward amicably, as this will not be the last trip to the mechanic, and when you sell your rig, you will understand just how hard it is to guarantee your boat will not have an issue, as they all do.

t500hps

Not true. You have to sign one of 2 documents. One that states what's wrong with the house OR the other that states that you know of nothing wrong but make no claims that there aren't any. Some buyers will look down on a seller signing the second document but it protects you if things are found after the sale (I signed the second document when selling my last house)