Cruisers Forum
 

Go Back   Cruisers & Sailing Forums > The Fleet > Monohull Sailboats
Cruiser Wiki Click Here to Login
Register Vendors FAQ Community Calendar Today's Posts Log in

Reply
  This discussion is proudly sponsored by:
Please support our sponsors and let them know you heard about their products on Cruisers Forums. Advertise Here
 
Thread Tools Search this Thread Rate Thread Display Modes
Old 17-01-2019, 04:32   #1
Registered User

Join Date: Jan 2019
Posts: 10
Broker and owner withhold information.

I have been interested in buying this boat, Ayacanora , who were damaged by the hurricane Irma:
https://www.yachtworld.com/boats/198...aw-72-3491969/

During my research, I have found this survey report, that describes the damage on the boat:
https://drive.google.com/file/d/129d...PPgguV2U4jHPdk

The survey clearly reveals much more severe damage than what is listed in the ad. I have been in contact with both the broker, EasysaleUSA, and the owner of this boat, but they refuse to acknowledge the damages described in the survey report and refuse to change the ad so that it gives a fair description of the boat and its damages.

The most serious damages mentioned in the survey report but not in the ad are roughly these:
1. Leaks in both integrated fuel tanks. Some diesel has leaked on the ground and a substantial amount inside the ship, that has soaked the floor and carpet in the kitchen and saloon.
2. The tanks need to be cut out in order to both weld the cracks in the hull and repair the tanks.
3. There are two depressions in the hull, one which is 4' by12'.
4. The main furler boom is bent.

The diesel in the bilge apparently is at a high level and can damage electric installations, tubes etc. Most important is that it is a potential fire hazard. Besides that, a lot of the interior needs probably to be changed, due to damage or smell that is not possible to get rid of. Aparently the diesel is still in the bilge.
The depressions in the hull is a very severe damage that can turn out to be very costly to repair.
The cracks can not be welded as simply as put in the ad, as it involves a cut out and rebuild of the tanks.

In my opinion it is very unfair and very unethical, and probably also illegal, to withhold such information. But what can I do about it?
Flybird is offline   Reply With Quote
Old 17-01-2019, 09:54   #2
Registered User

Join Date: Mar 2013
Location: Winnipeg
Boat: CS 33
Posts: 70
Re: Broker and owner withhold information.

Walk away. There are lots of others out there.
PDScott is offline   Reply With Quote
Old 17-01-2019, 10:05   #3
cruiser

Join Date: Jan 2012
Location: Pangaea
Posts: 10,856
Re: Broker and owner withhold information.

What can you do about it? Answer: Don’t buy the boat.
Kenomac is offline   Reply With Quote
Old 17-01-2019, 10:17   #4
Registered User

Join Date: Sep 2014
Location: Fiji Airways/ Lake Ontario
Boat: Legend 37.5, 1968 Alcort Sunfish, Avon 310
Posts: 2,750
Images: 11
Re: Broker and owner withhold information.

I’m glad you didn’t use broker and ethical in the same sentence
Tetepare is offline   Reply With Quote
Old 17-01-2019, 10:42   #5
Registered User

Join Date: Jan 2012
Location: Full time cruisers
Boat: Krogen 42
Posts: 403
Re: Broker and owner withhold information.

So, if they changed the ad are you going to buy it?
__________________
----------------------------------
Terry
meridian28 is offline   Reply With Quote
Old 17-01-2019, 10:52   #6
Marine Service Provider
 
boatpoker's Avatar

Join Date: Nov 2008
Location: Port Credit, Ontario or Bahamas
Boat: Benford 38 Fantail Cruiser
Posts: 7,320
Re: Broker and owner withhold information.

Scrap value only.
__________________
If you're not laughing, you're not doin' it right.
boatpoker is offline   Reply With Quote
Old 17-01-2019, 10:56   #7
Registered User
 
GrowleyMonster's Avatar

Join Date: Dec 2012
Location: New Orleans
Boat: Bruce Roberts 44 Ofshore
Posts: 2,917
Re: Broker and owner withhold information.

Don't buy that one. If anyone asks you about it, tell them don't buy that one. Tell Yacht World don't let the listing stay up, if you really want to be a busybody. Not much else you can do. Don't lose any sleep over it. Far worse misrepresentations in boat listings happen all the time.
__________________
GrowleyMonster
1979 Bruce Roberts Offshore 44, BRUTE FORCE
GrowleyMonster is offline   Reply With Quote
Old 17-01-2019, 11:21   #8
Registered User

Join Date: Feb 2016
Location: So Cal
Boat: Lancer 44 Motor Sailer
Posts: 560
Re: Broker and owner withhold information.

As they say, buyer beware.
Diesel Bill is offline   Reply With Quote
Old 17-01-2019, 11:23   #9
Registered User

Join Date: May 2011
Location: Lake Ont
Posts: 8,568
Re: Broker and owner withhold information.

Given the info on the survey, is it safe to conclude the boat was essentially written off? If it was written-off, isn't there an obligation for the seller to state that? or can that be omitted if the boat changes hands a couple of times?

While the original ad is certainly "optimistic", I don't know that it was outright misleading. The price tells the story, if nothing else: 70' custom aluminum ketch for $45k ? I don't think so.
Lake-Effect is offline   Reply With Quote
Old 17-01-2019, 11:45   #10
֍֎֍֎֍֎֍֎֍֎

Join Date: Apr 2006
Posts: 15,136
Re: Broker and owner withhold information.

As you don't go into the details of the boat's flag state, or the owner's citizenship/residence, and we can only guess "EasysaleUSA" might be a US company (or not even that)...

The boat might be governed by BVI laws, as it is located there and the sale presumably would be there. There is often NO requirement to disclose defects regarding the sale of boats. In the US, even the requirement to disclose known defects and health hazards in the sale of houses has been a new and varying one.

So there's probably nothing much you can do, except to forward copies of your emails (hopefully you did not conduct this discussion by telephone) to Yachtworld, and if they think a broker has been intentionally hiding known defects, they may bar them from using the service. Assuming you can supply damning proof.
hellosailor is offline   Reply With Quote
Old 17-01-2019, 19:42   #11
Registered User
 
deluxe68's Avatar

Join Date: Apr 2009
Location: Arizona/Rhode Island
Boat: Swan 432
Posts: 820
Re: Broker and owner withhold information.

Quote:
Originally Posted by hellosailor View Post
As you don't go into the details of the boat's flag state, or the owner's citizenship/residence, and we can only guess "EasysaleUSA" might be a US company (or not even that)...

The boat might be governed by BVI laws, as it is located there and the sale presumably would be there. There is often NO requirement to disclose defects regarding the sale of boats. In the US, even the requirement to disclose known defects and health hazards in the sale of houses has been a new and varying one.

So there's probably nothing much you can do, except to forward copies of your emails (hopefully you did not conduct this discussion by telephone) to Yachtworld, and if they think a broker has been intentionally hiding known defects, they may bar them from using the service. Assuming you can supply damning proof.
There have been laws for decades in state real estate boards. I attended training for real estate sales in AZ in 1996 and there were rules back then governing known defects.
deluxe68 is offline   Reply With Quote
Old 17-01-2019, 20:13   #12
Registered User

Join Date: Apr 2007
Location: Australia
Boat: Island Packet 40
Posts: 6,501
Images: 7
Re: Broker and owner withhold information.

If you are determined to do something see if you can file a public interest case and ask for costs against them, they'll probably back off.
RaymondR is offline   Reply With Quote
Old 17-01-2019, 20:21   #13
Senior Cruiser
 
skipmac's Avatar

Cruisers Forum Supporter

Join Date: Oct 2007
Location: 29° 49.16’ N 82° 25.82’ W
Boat: Pearson 422
Posts: 16,306
Re: Broker and owner withhold information.

Quote:
Originally Posted by Tetepare View Post
I’m glad you didn’t use broker and ethical in the same sentence
As a former yacht broker and I feel, a person with a strong sense of ethics, I resent that remark.
__________________
The water is always bluer on the other side of the ocean.
Sometimes it's necessary to state the obvious for the benefit of the oblivious.
Rust is the poor man's Loctite.
skipmac is offline   Reply With Quote
Old 18-01-2019, 00:37   #14
Registered User
 
Dave_S's Avatar

Join Date: Jun 2016
Location: Brisbane Australia
Boat: Schionning Waterline 1480
Posts: 1,987
Re: Broker and owner withhold information.

Quote:
Originally Posted by skipmac View Post
......
Rust is the poor man's loctite...... ������ love it.

Out of interest, is there a wrecking yard for all these written off boats ? Would love some front windows off a seawind 1260 and maybe an electric winch or two.......... for cheap ��
__________________
Regards
Dave
Dave_S is offline   Reply With Quote
Old 18-01-2019, 00:39   #15
Registered User
 
Dave_S's Avatar

Join Date: Jun 2016
Location: Brisbane Australia
Boat: Schionning Waterline 1480
Posts: 1,987
Re: Broker and owner withhold information.

Quote:
Originally Posted by skipmac View Post
As a former yacht broker and I feel, a person with a strong sense of ethics, I resent that remark.


Rust is the poor man's loctite...... love it.


....................



Out of interest, is there a wrecking yard for all these written off boats ? Would love some front windows off a seawind 1260 and maybe an electric winch or two.......... for cheap






.
__________________
Regards
Dave
Dave_S is offline   Reply With Quote
Reply


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Broker or no broker, that is the question. paulandharm Rules of the Road, Regulations & Red Tape 7 21-02-2013 17:36
'Do-it-yourself yacht broker' Never pay a broker again! Jort Vendor Spotlight - Great Deals for CF Members! 5 24-01-2013 09:40
If it's Better to Buy Through a Broker-to-Broker Arrangement, I Need a Broker YesIsail Multihull Sailboats 4 14-11-2011 09:00
Broker or No Broker ? Nick & LA Multihull Sailboats 12 10-05-2010 06:29
Broker or No Broker dingoman General Sailing Forum 8 26-02-2010 13:23

Advertise Here
  Vendor Spotlight
No Threads to Display.


All times are GMT -7. The time now is 02:56.


Google+
Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2024, vBulletin Solutions, Inc.
Social Knowledge Networks
Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2024, vBulletin Solutions, Inc.

ShowCase vBulletin Plugins by Drive Thru Online, Inc.