dpmulvey
Active Member
- Dec 19, 2007
- 4,188
- Boat Info
- 1999/2007 330 Sundancer Hardtop.
- Engines
- 6.2 Merc Horixons
1.5:1 Velvet Drives
I don't think Dave was suggesting going solely on a prior survey to base his purchase. I believe he was just asking to obtain the information to determine whether or not something was significantly wrong with the boat to warrant his own personal survey (please correct me if I'm wrong Dave). If the dealer contacted the owner and the owner agreed to share prior information about why the transaction fell through, it's not a breach of contract. I don't think anyone suggested breaching contracts or pissing off brokers or surveyors. Hell, you could ask to see the manuals/information on the boat and you'd probably run across an old registration card. Last time I checked, using the phone book to find someone's phone number wasn't unethical.
Doug
You are absolutely correct Doug. There is nothing unethical about asking a question of the results of the previous survey to the broker or the surveyor. If they refuse to discuss the subject, that’s fine. Move on. Nor do I consider it unethical to ask a broker to contact the former prospective buyer and have the former prospective buyer contact the new prospective buyer to discuss if the former prospective buyer would be interested in selling their survey. I have had it happen to me and did not find it in the least bit unethical or unprofessional. The broker approached me and asked if the new prospective buyer could call me to discuss the boat and possibly purchase the survey. The boat needed some engine work that I do not have the mechanical expertise to do. The new prospective buyer did. I paid for the survey and in doing so, the survey was my property to do with as I saw fit. To me it was a way for me to cut some losses.
Any clause in a contract between 2 parties can be waived if the agreed upon by both parties unless the clause is a statutory requirement and to remove it would violate the law. I know states laws differ. Real estate law in VA for example requires any defect made known during an inspection be fully disclosed by the seller to any prospective buyer without the buyer having to ask. I think it is called full disclosure and a real estate agent will lose their license by failing to do so. I do not know if that law extends to boating sales or not.
My experience with brokers has been a mixed bag at best. The good were very, very good. The bad just plain sucked and unfortunately in my case, the bad seemed to outnumber the good about 3 to 2. As in any business, the bad tastes remain long after the good ones fade.
When times were good and I was in the buy mode, my Rolex was not gold enough, a 40 footer wasn’t worth their time and your current boat is your problem. When times were not so good and I was in the buy mode the broker kept steering me to one and only one boat. I finally ended up telling this kid, either show me the whole range of what you have for sale in this size or show me your boss. Your call. The reasonably prudent buyer has to ask what is going on her and why am I, the CUSTOMER, being treated like this? What is so right or so wrong about this boat that a salesman will not show me anything else?
On the flip side, I have had brokers who had former prospective buyers on file and no problems calling them and asking if I could talk to them and went out of their way to see that I was comfortable in their world as I was the one who was looking to buy.
I know who I am and am not going to approach when I decide to purchase my next boat.