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| Sellers Guide | |||||||||||||||||||||||||||||
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Getting your boat shipshape in terms of cosmetics and repairs is the first step towards getting her sold.
BoatU.S. Magazine
reaches nearly One Million Readers. A serious buyer will want to have your boat inspected by a marine surveyor and possibly have the engine looked over by a marine mechanic. This will involve haul-outs and sea trials. These expenses are normally borne by the buyer and any “destructive testing” — for example, scraping bottom paint to look for osmotic blisters — must be repaired by the buyer. Ordinarily, there is no obligation on the seller’s part to volunteer information the buyer doesn’t ask for, but this doesn’t give the seller carte blanche to withhold information about a known defect or condition that renders the boat unsafe. Remember, there is a fine line between passive failure to disclose information and active concealment. If an accident occurs later, previous repair records or complaints to the manufacturer may come back to haunt you. This is also true for liens and other debt encumbrances that might cloud the transfer of title or ownership. Selling your boat in “as is” condition may be protection against nitpicking later on, but it may not protect you if a serious problem arises. BoatU.S. Members can contact the BoatU.S. Consumer Protection Bureau to discuss specific questions and problems with boat sales. The Sales Agreement — Get It In Writing! Selling your boat can be a relaxed, positive experience, but don’t rely upon a handshake and a “gentlemen’s agreement” when it comes to finalizing the deal. First, write a sales agreement, outlining the terms of the sale and the obligations of the buyer and seller. Refer to “Sales Agreement” at for more details. Ask for cashier’s or certified checks for both the deposit and the final payment. Stick to an agreed-upon closing date. Be prepared to renegotiate the sales price when it comes to items that need repair or when the boat has a less-than-satisfactory marine survey. If you agree to make repairs prior to the sale, for your own protection, spell out your obligation in terms of exactly what is to be done and how much you will spend. Written estimates are helpful. Do you have personal items on the boat — the ship’s clock that’s been in your family for generations, for example — that you don’t plan to include? Attach to the sales agreement a list of all the accessories that convey and have both parties sign it. Unless you can afford the loss, don’t offer to finance the boat! The risk involved is not worth the often small amount of interest you stand to gain. And, if you have a boat loan outstanding, the lender may not permit this arrangement. |
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