Problems with used boat inspection

[Steeler]

Yes Gazza the point of him paying for an inspection was not lost on me . Also not lost on me was Jeremy telling us he performed his own superficial inspection and then proceeded with the purchase and towed it home.

If Jeremy climbed inside the thing at the time of purchase and also missed an obvious soft floor then i am not afraid to tell the bloke he is chasing a very long shot in regards to restitution. I am as gutted for Jeremy as anybody as i too have been there and done my ass on a boat with a soft transom, In actual fact in a hurry once to get on Pennant Hills Rd and out of Sydney i nearly done it twice.

Scottar's advice is very sound in suggesting Jeremy do nothing til it is sorted, if he were to have a win that win could be to give the offending party the opportunity to make right first.

[robothefisho]

There will be absolutely no come back on either the seller or the inspector. The absolute best you could hope for is the inspector refunding cost of report, if they so choose. I wouldn't waste any time or effort beyond a phone call stating the facts and asking if they will assist.

There is much more to the above, which some others have touched on.

You have purchased a boat which in current condition is worth maybe 3 grand, in top condition approximately 10. It is completely unrealistic to expect a 40 year old boat and 14 year old motor to be free from defects. It is even more unrealistic to expect anyone other than yourself to be liable for them when purchased privately.

If a boat without defects is expected, a new boat is required. Even new boats come with problems, but they also have warranties.

I have bought and sold many boats, always sold in much better condition than purchased. Repair costs just go with the territory of second hand boats, particularly anything over 10 years old.

I do feel for you, and have been caught out with unexpected expenses on second hand boats myself.

You could always just put some ply down over the old floor and use the boat, transoms need to be pretty bad before they are really a concern. Ofcourse if you sell the boat, i would be telling the purchaser.

[Paul071978]

Did you take footage showing how spongey the deck was and transom condition? It would be great to get a visual so if you could upload it so we could see how bad it is.

[gazza2006au]

There was a guy just now in QLD asking about boat inspections i directed him to this thread its a real eye opener and a bloody shame

[TheRealAndy]

For what its worth, what is written in the inspection contract is worth nothing. You can write anything you want in a contract, but at the end of the day I am fairly certain (a lawyer I am not) that limited liability and indemnity may and can be considered unfair terms. This is why as business owner I am forced to pay for insurance to cover these exact circumstances.

At the end of the day, the OP has made a significant loss due to the incompetence of the company providing the inspection report, and therefore he has a legal right to challenge the other party. The problem herein, is that to seek compensation for the other parties incompetence means you have to fork out good dollars for lawyers, and I speak from experience that this shit can go on forever. It may be worth Jeremy giving QCAT/NCAT (depending on the state) a call to see if they can help.

Don't ever, for a second, think that just because a statement in a contract says one thing, that the case is immediately closed. If you remove the cost of legal representation, our legal system is actually pretty fair. The injustice only comes from the fact that the party with the most money can hire the best lawyer and send the other bloke broke.

[scottar]

On a different topic (sort of), not sure if anyone else caught the "story" in the courier mail about a lot of legal eagles no longer doing pre nups. Seems they are running scared of being sued when the things are put to test and trip over in court. Amazing how when the system they exploit blows up in their faces, they take their bat and ball and go home.

[Paul071978]

Andy is spot on. Any terms and conditions written into a contract and be challenged successfully. Comes down to what a "reasonable" person would expect from such a service considering all factors (price etc).

Negligence in its legal sense means a failure to do what a reasonable person would have done in the circumstances.

[Watto79]

Some very good posts above and sound advice..

There lies the biggest problem, it becomes a he said/she said scenario that needs to be sorted legally with the associated costs involved for doing so..

And if you lose, the hole you found yourself in just got a whole lot bigger..

If it were me I would take it to a no win/no pay lawyer for advice moving forward before doing anything further and to see if you have a case, good luck with it I hope a favourable outcome is achieved Jeremy.

[Paul071978]

Given the low(ish) value Jeremy is seeking I would be careful engaging a no win/no pay lawyer/firm. The legal fees could quite possibly come close to or even outweigh the settlement.

[drpete]

When I was looking to buy my boat a few years ago I was looking at some older glass boats. Then I asked my best mate, who's been a boat builder for thirty odd years his advice. He told me straight, "Any glass boat that's over twenty years old and hasn't had the floor and transom rebuilt, NEEDS the floor and transom rebuilt". He said it's not a HUNDRED percent, but it's a good rule of thumb.
ps. I bought a Platey

[Lovey80]

When I was looking to buy my boat a few years ago I was looking at some older glass boats. Then I asked my best mate, who's been a boat builder for thirty odd years his advice. He told me straight, "Any glass boat that's over twenty years old and hasn't had the floor and transom rebuilt, NEEDS the floor and transom rebuilt". He said it's not a HUNDRED percent, but it's a good rule of thumb.
ps. I bought a Platey

I have a 1997 Kevlacat and the floor and transom are as new. If boats are kept under cover, fittings are sealed properly and fresh water is kept out of the hulls there’s no reason why a wood/glass boat can’t last a very long time.

That said, it’s 2018 and any boat builder still using wood in their construction process I would walk away from if I was buying new.

[Cox76y]

For any boat inspection on a fibreglass boat ensure the inspector uses a good quality moisture meter. These start at around $600 but makes a quality inspection of a hull n transom take seconds.. A wise investment for anyone in the trade..

[Jeremy]

Thanks for all the responses. Some I agreed with and some I did not. Interesting reading.

Long story short - I reached a resolution with the inspector. I sent them a letter and they responded fairly quickly and were quite reasonable, quick and painless to deal with. They have paid me an amount of money - a lot more than the inspection cost and a lot less than the repairs cost. I do accept some responsibility for the situation I got myself into and have learnt a few lessons in the process.

I will start another thread for a rebuild and some photos.

[gunna]

Great outcome

[Paul071978]

Well done mate sounds like the outcome was palletable. Hopefully the service provider has learnt a lesson as well.....