I am looking for some direction regarding a sailboat I purchaed nine months ago. Before buy the boat I had the boat inspected by a accredited serveyer hoping that I would be buying a sound boat. Just this month I put the boat up for sale and found that the boat had serious problems by the purchasers serveyer. I decided to get a third oppion and hired another serveyer who confirmed that the boat should not have pass inspection. Now I'm faced with a boat that needs over $15,000 worth of repairs,even then the boat will not be the same. I need to know what course of action I should take. Can I take the serveyer to court for leagal actions? Are their attorneys who specialize in this area? Please advise Jerry p.s please over look my spelling, I'm having a hard time even telling the story- so I typed it quickly
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Dave Royce
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Jerry
Boat Surveyed
No. We only sailed her for 3 short months and the water damage in the keel/rudder and hull were so extensive the surveyor said it had to have been years. He noted the boat must have been "grounded" several times. This is our first experience in sailing - we need to find out what course of action to take against the first "accredited" marine surveyor, as his report was bogus. Thank you.
No. We only sailed her for 3 short months and the water damage in the keel/rudder and hull were so extensive the surveyor said it had to have been years. He noted the boat must have been "grounded" several times. This is our first experience in sailing - we need to find out what course of action to take against the first "accredited" marine surveyor, as his report was bogus. Thank you.
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Pete
errors and omisioms
talk with the original surveyor and have HIM check the boat (free of charge) If he consides he made a mistake tell him you want to make a claim against his error and omision insurance. If he is not coperative make complants thur his "acredited" organization. You may still have to go the legal route and go thru the courts and a lawer. Good Luck !
talk with the original surveyor and have HIM check the boat (free of charge) If he consides he made a mistake tell him you want to make a claim against his error and omision insurance. If he is not coperative make complants thur his "acredited" organization. You may still have to go the legal route and go thru the courts and a lawer. Good Luck !
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RichJ
who was the surveyor?
Jerry, I'm just courious who did YOUR purchase survey, since your in Maine. I purchased a boat in Maine, had the survey done (by a local surveyor) prior to the purchase and have had nothing but problems (structural problems) since. I'm still trying to figure out what to do. e-mail me, maybe we can help one another. RichJ (rjohnson182@attbi.com)
Jerry, I'm just courious who did YOUR purchase survey, since your in Maine. I purchased a boat in Maine, had the survey done (by a local surveyor) prior to the purchase and have had nothing but problems (structural problems) since. I'm still trying to figure out what to do. e-mail me, maybe we can help one another. RichJ (rjohnson182@attbi.com)
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Derek Rowell
My experience with a surveyor
When I purchased my boat last year I drove 450 miles to be present at the survey. I'm glad I did - what impressed me most about the surveyor was his incompetence. I "thought" I hired him to give me a thorough once-over of the vessel to assure me of its condition and sea-worthiness - he told me that his function was to document everything on the boat for insurance purposes. So after a quick hull moisture test, and recording of the location of all through hulls, most of the day was spent writing down serial numbers. It took 25 minutes with a mirror and flashlight to find the serial number of the hot water heater!! I asked for a check of the electrical and mechanicals - no, he didn't do that, and certainly didn't look at the engine. I asked for the sails to be rolled out and checked - no, there wasn't time, and the seams "looked ok" in the bags - "why don't we say the sails are in good condition". We parted not the best of friends. All of this took about seven hours! I had done a VERY thorough check of the boat myself from stem to stern, including all systems, and had every confidence in the boat. I was just very annoyed that an acredited surveyor was so cavalier about the important things, and obsessed with the trivia. It's interesting to look at how one becomes a marine surveyor.... Derek
When I purchased my boat last year I drove 450 miles to be present at the survey. I'm glad I did - what impressed me most about the surveyor was his incompetence. I "thought" I hired him to give me a thorough once-over of the vessel to assure me of its condition and sea-worthiness - he told me that his function was to document everything on the boat for insurance purposes. So after a quick hull moisture test, and recording of the location of all through hulls, most of the day was spent writing down serial numbers. It took 25 minutes with a mirror and flashlight to find the serial number of the hot water heater!! I asked for a check of the electrical and mechanicals - no, he didn't do that, and certainly didn't look at the engine. I asked for the sails to be rolled out and checked - no, there wasn't time, and the seams "looked ok" in the bags - "why don't we say the sails are in good condition". We parted not the best of friends. All of this took about seven hours! I had done a VERY thorough check of the boat myself from stem to stern, including all systems, and had every confidence in the boat. I was just very annoyed that an acredited surveyor was so cavalier about the important things, and obsessed with the trivia. It's interesting to look at how one becomes a marine surveyor.... Derek
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Peggie Hall/Head Mistress
And you paid him?
Since when does an employee tell his employer what he was and wasn't hired to do. You hired him to do a complete pre-purchase survey. When he told you that wasn't what he was there to do--told you in essence, that he even though you'd hired him, he wasn't working for you at all, he was working for the insurance company, you should have dismissed on the spot. I know...easy for me to say...but you'd driven 450 miles, prob'ly taken time off from work to do it...eager to make the deal...where are you gonna find another surveyor that you know is any good, who could survey your boat NOW? I just hope he only charged for a "condition and value" survey, and not a full pre-purchase--a difference of about 100%.
Since when does an employee tell his employer what he was and wasn't hired to do. You hired him to do a complete pre-purchase survey. When he told you that wasn't what he was there to do--told you in essence, that he even though you'd hired him, he wasn't working for you at all, he was working for the insurance company, you should have dismissed on the spot. I know...easy for me to say...but you'd driven 450 miles, prob'ly taken time off from work to do it...eager to make the deal...where are you gonna find another surveyor that you know is any good, who could survey your boat NOW? I just hope he only charged for a "condition and value" survey, and not a full pre-purchase--a difference of about 100%.
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Justin - O'day Owners' Web
Surveyor Stuff
Jerry - First - where in Maine are you? I'm in Portland. Might be fun to grab a coffee somtime. Next - I'm not an attorney (I will be one in six weeks (yeah!)) but I would strongly suggest you retain one. Maine law is not going to be all that friendly to you because of the disclaimers the survey undoubtedly contained, but you may be able to get some compensation. You need any and all written correspondence or literature from the guy and you need to corral anyone who was witness to any of your conversations with him. There are a lot of particulars you will need to engage in quickly, but I can't go into them without risking the dreaded unauthorized practice - see a lawyer. Justin - O'day Owners' Web
Jerry - First - where in Maine are you? I'm in Portland. Might be fun to grab a coffee somtime. Next - I'm not an attorney (I will be one in six weeks (yeah!)) but I would strongly suggest you retain one. Maine law is not going to be all that friendly to you because of the disclaimers the survey undoubtedly contained, but you may be able to get some compensation. You need any and all written correspondence or literature from the guy and you need to corral anyone who was witness to any of your conversations with him. There are a lot of particulars you will need to engage in quickly, but I can't go into them without risking the dreaded unauthorized practice - see a lawyer. Justin - O'day Owners' Web
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Justin - O'day Owners' Web
Jerry - Read This One
Jerry - Forgot about a resource available to you. The Maine Bar Association maintains something called the Lawyer Referral Service. Among other things they will give you a consoltation with a lawyer for a nominal fee - $20 I think. Very worth calling. 1-800-860-1460. I'm not involved with it but I'm a fan. Justin - O'day Owners' Web
Jerry - Forgot about a resource available to you. The Maine Bar Association maintains something called the Lawyer Referral Service. Among other things they will give you a consoltation with a lawyer for a nominal fee - $20 I think. Very worth calling. 1-800-860-1460. I'm not involved with it but I'm a fan. Justin - O'day Owners' Web
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Derek Rowell
Yes, Peggy, I did, but...
... there's more to the story. By coincidence I had found out that I knew the boat. It had spent its first ten years at my marina, right across from my dock, before it moved away briefly. I had sailed past it every weekend, and I knew it under its old name. When I found this, I discussed its maintenance history with my yard manager, and confirmed that the boat had in fact been extremely well (meticulously) maintained. He described it as "gorgeous". It had also been well cared for in its new home. I had full confidence in it. Given (1) my own careful inspection, and knowledge of the boat's history, (2) the difficulty of finding another surveyor in that part of the country, and (3) the fact that I didn't want to do another 900 mile round trip, I paid him just to get the report for the insurance binder. For what it's worth (not much) he gave the boat a "well above average" rating, and I certainly agree with that. So --- the boat is now just two slips down from its old home... I am doing a lot of upgrades, but I don't feel the need for another survey right now.
... there's more to the story. By coincidence I had found out that I knew the boat. It had spent its first ten years at my marina, right across from my dock, before it moved away briefly. I had sailed past it every weekend, and I knew it under its old name. When I found this, I discussed its maintenance history with my yard manager, and confirmed that the boat had in fact been extremely well (meticulously) maintained. He described it as "gorgeous". It had also been well cared for in its new home. I had full confidence in it. Given (1) my own careful inspection, and knowledge of the boat's history, (2) the difficulty of finding another surveyor in that part of the country, and (3) the fact that I didn't want to do another 900 mile round trip, I paid him just to get the report for the insurance binder. For what it's worth (not much) he gave the boat a "well above average" rating, and I certainly agree with that. So --- the boat is now just two slips down from its old home... I am doing a lot of upgrades, but I don't feel the need for another survey right now.
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Denny P.
Study the surveyors job, then legal action
Anyone thinking about buying a boat should first study, read, then study somemore,,,I would suggest anyone thinking about spending 300.00 or more on a suyvey go to yachtsurveyors.com and see what a surveyor really will and won't do in the first place.. All the best.......Denny P.
Anyone thinking about buying a boat should first study, read, then study somemore,,,I would suggest anyone thinking about spending 300.00 or more on a suyvey go to yachtsurveyors.com and see what a surveyor really will and won't do in the first place.. All the best.......Denny P.
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Jerry
Survey Responses
A BIG thank you to all who responded! Just a note about our "accredited" surveyor - I am unable to state his name as we are seeking legal action, however, he is from Maryland for those of you who expressed the interest of knowing just who "he" was. Happy Boating! P.S. If I find out more valuable info on this matter - I will definately share my findings!
A BIG thank you to all who responded! Just a note about our "accredited" surveyor - I am unable to state his name as we are seeking legal action, however, he is from Maryland for those of you who expressed the interest of knowing just who "he" was. Happy Boating! P.S. If I find out more valuable info on this matter - I will definately share my findings!
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