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andyjblack
andyjblack

Posted: Fri Feb 17, 2012 10:46am

Post Subject: Buying a narow boat surveys and insurance

If I have someone who is experienced at boat building and fitting, can I use them for my boat survey? The broker requires an official surveyor, but I am confident my boat builder friend will suffice...

Tony-B
Tony-B

Posted: Fri Feb 17, 2012 11:56am

Post Subject: Buying a narow boat surveys and insurance

As far as the law is concerned there is no requirement for a purchaser to have any survey at all. However you must also consider contract law and it sounds to me as if the broker is trying to protect his client, himself and to a degree yourself by having a clause in the sale contract that requires you to get a survey done by a qualified, and more to the point, insured surveyor. If, after purchase, a major problem with the boat was then found your recourse would be to sue the surveyor for negligence rather than try to pursue the vendor or broker. There is thread about defects allegedly found after sale via broker on the Canal World Forum at the moment and it seems that as long as the boat is not mis-described then you would have little recourse against the broker or owner in the event of problems. I am not trained in law save as much as was required for my professional engineering qualifications, so to be sure about this you need to talk to check with a lawyer or the CAB. I would comment that as some horrific things have been perpetrated by a few builders of new boats and that incorrectly installed mains electricity installations can eat holes in a newish hull it would be foolish to buy a boat without a proper out of the water survey unless you can afford to throw away the cost of the boat. Has your friend the necessary equipment and experience to check the integrity of the hull? One last thought, you do not say but if the broker is trying to push you towards a particular surveyor walk away or insist on your own choice (look in the back of the magazine. Just remember your friend is very unlikely to have professional indemnity insurance for surveying boats so if a problem did crop up you would have little recourse. Please bear in mind the surveyors are past masters are experts at wording things to avoid later problems so some people think they are not necessary, I beg to differ. Tony Brooks

andyjblack
andyjblack

Posted: Fri Feb 17, 2012 12:20pm

Post Subject: Buying a narow boat surveys and insurance

Hello Tony thank you for you're considered response... I do trust my my friends professional integrity - he has been building boats for thirty years, however doesn't have the required letters after his name to be a surveyor, I agree this is an issue. Also the broker wants to supply me with a list of "trusted surveyors", and if I choose to bring in an "independent party" there would be a fee of 100 to cover insurance for that person to be allowed on the premises.This seems unfair and slightly suspicious have you come across this before? Regards Andy B

Tony-B
Tony-B

Posted: Fri Feb 17, 2012 2:31pm

Post Subject: Buying a narow boat surveys and insurance

I did not intend to impugn your friends integrity or experience but to point out that you will have no come back if it all goes horribly wrong and that he can not do a thorough job without the boat coming out of the water so the hull can be tested and assessed. I feared that the broker was trying to push you towards a surveyor of his choice and whatever the facts that leaves both open to the suspicion of collusion at least and fraud at the worst. Yes I have heard of such practises and wonder why Trading Standards have not trampled all over them. However much you like the boat I will repeat - "walk away". I believe the broker is legally required to pass all and any offer on to his client (the vendor) so try instructing the broker to pass your offer onto the vendor subject to the vendor moving his boat to a place where the inspection can be carried out at no extra fee to yourself. Tell the broker that you will be sending a copy of your offer in a stamped sealed envelope to BW licensing asking them to forward it to the person registered on the license. In that way he will have little choice other than to pass your offer on to the vendor or risk having the vendor remove the boat from him. Tony Brooks

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