A couple of weeks ago I sold my narrowboat through the marina it was kept on. The marina acted as brokerage and took a 6% fee for doing so.
The buyers put in an offer and bought quickly, and in doing so decided to forgo having it surveyed to check for any issues. Surveys are recommended in boat buying, and I took one out when I bought it three years ago (a copy of which they've seen). The boat is quite old, though well kept so a survey was probably a sensible idea.
Fast forward to now and they have taken the boat on a long journey and the engine has packed in and needs replacing. I had no knowledge at all on the state of the engine nor was I asked to provide any. This is the kind of thing that a survey and engine service would have found.
They're now contacting the marina unhappy, but the contract signed states they're buying as seen without a survey and the marina forgoes any liability for later issues. Now they're apparently going to contact me as they have my details on the contract. I'm so stressed about it. I feel like the marina are trying to fob off responsibility of sorting it onto me.
I had and gave no information on the engine. They didn't get a survey to check for any issues. Surely there's no way of saying the engine was bad when it left the marina on this basis and they signed a contract that said they had no comeback. Do they have any recourse to come after me for a claim? Isn't this a clear case of caveat emptor?
The buyers put in an offer and bought quickly, and in doing so decided to forgo having it surveyed to check for any issues. Surveys are recommended in boat buying, and I took one out when I bought it three years ago (a copy of which they've seen). The boat is quite old, though well kept so a survey was probably a sensible idea.
Fast forward to now and they have taken the boat on a long journey and the engine has packed in and needs replacing. I had no knowledge at all on the state of the engine nor was I asked to provide any. This is the kind of thing that a survey and engine service would have found.
They're now contacting the marina unhappy, but the contract signed states they're buying as seen without a survey and the marina forgoes any liability for later issues. Now they're apparently going to contact me as they have my details on the contract. I'm so stressed about it. I feel like the marina are trying to fob off responsibility of sorting it onto me.
I had and gave no information on the engine. They didn't get a survey to check for any issues. Surely there's no way of saying the engine was bad when it left the marina on this basis and they signed a contract that said they had no comeback. Do they have any recourse to come after me for a claim? Isn't this a clear case of caveat emptor?
Comment