Boat seller misrepresented the boat we bought

[SarahC]

I recently bought a liveaboard boat, a private sale. I didnt get a survey done as the seller showed me a survey done 3 years ago and it all looked fine. Also my boyfriend has lived on and done up boats so we thought we didnt need a survey. it turns out there were some major things the seller either didnt disclose or actually misrepresented.

Things she didn't disclose:
- We asked her when the last survey was and she didnt mention one done a couple of months ago for the buyer before us which was said loads of work needs doing.
- We asked her why the previous buyer dropped out - she still didnt mention the survey and said it was because the buyer couldnt come up with the money. What she didnt say was the buyer couldnt afford all the work that needed doing and they wouldnt drop the price!

False info:
- The online description of the boat (which I have screenshot) says the boat has a "Fully Collapsible wheelhouse". It turns out that its not collapsible without work as they decided, for some reason (leaks?), to make it not collapsible. This is really crucial - and potentially expensive to remedy - as we cant get under many bridges without collapsing the wheelhouse and we are planning to move around the canal and river system a lot.

- No generator: the seller told us (and online description says heating and hot water can be generated from "engine for efficient heating and hot water on the move". There isnt a generator so no heating or hot water on the move or away from official marinas.

This is apart from all the work that a fresh survey may uncover that was found by the recent survey the seller didnt disclose when asked.
I feel like weve made a terrible mistake. What legal recourse do we have? Any help would be very much appreciated.

[Openlaw15]

Re: Boat seller misrepresented the boat we bought

I recently bought a liveaboard boat, a private sale. I didnt get a survey done as the seller showed me a survey done 3 years ago and it all looked fine. Also my boyfriend has lived on and done up boats so we thought we didnt need a survey. it turns out there were some major things the seller either didnt disclose or actually misrepresented.

Things she didn't disclose:
- We asked her when the last survey was and she didnt mention one done a couple of months ago for the buyer before us which was said loads of work needs doing.
- We asked her why the previous buyer dropped out - she still didnt mention the survey and said it was because the buyer couldnt come up with the money. What she didnt say was the buyer couldnt afford all the work that needed doing and they wouldnt drop the price!

False info:
- The online description of the boat (which I have screenshot) says the boat has a "Fully Collapsible wheelhouse". It turns out that its not collapsible without work as they decided, for some reason (leaks?), to make it not collapsible. This is really crucial - and potentially expensive to remedy - as we cant get under many bridges without collapsing the wheelhouse and we are planning to move around the canal and river system a lot.

- No generator: the seller told us (and online description says heating and hot water can be generated from "engine for efficient heating and hot water on the move". There isnt a generator so no heating or hot water on the move or away from official marinas.

This is apart from all the work that a fresh survey may uncover that was found by the recent survey the seller didnt disclose when asked.
I feel like weve made a terrible mistake. What legal recourse do we have? Any help would be very much appreciated.

What do you want to do? In the contract the seller is in breach for damages. Remedy: damages for cost of work that needs doing. Losses also include damages for what the boat was really worth alternatively or in addition. To end the contract: argue the contract goods, ie boat was misrepresented (so illegal) and you want your money back or claim damages at court for equivalent losses. It sounds like fraud also so the seller can get in serious trouble.

When was offer made, how did seller communicate terms of acceptance? When did the person accept?

[SarahC]

Re: Boat seller misrepresented the boat we bought

We made an offer Face to face which they accepted verbally. We and they signed a handwritten contract. This all happened in November/December. Now we've moved onto the boat a few days ago and found out about the problems.

We want to keep the boat so will approach the sellers with a view to getting them to pay to have the faults they misrepresented rectified.

[Openlaw15]

Re: Boat seller misrepresented the boat we bought

There is no requirement for a contract to be in writing however you clarified the terms in writing anyway, so it was a contract on the spot. Therefore the rules of acceptance and revocation are not relevant. There is clearly commercial intention too, so it's legally a contract. Well, yes just ask the seller to put the boat in the condition that it was advertised as, the terms on which you contracted. Hope it turns out well

[SarahC]

Re: Boat seller misrepresented the boat we bought

Many thanks for your advice, much appreciated. Will let you know the outcome.

[SarahC]

Re: Boat seller misrepresented the boat we bought

Would anyone kindly advise me on what sort of solicitor we need to take this further and how to find one? The seller is basically saying Buyer Beware even though they concealed information when asked direct questions and also told us things that weren't true.

[paulajayne]

Re: Boat seller misrepresented the boat we bought

"No generator: the seller told us (and online description says heating and hot water can be generated from "engine for efficient heating and hot water on the move".

From Engine - not generator - you have misinterpreted this.

I have recently bought a 50ft Ketch and would NEVER buy a boat without a survey commissioned by myself.

Re Wheelhouse - did you not test it before purchase? - A survey would have raised this.

You may have redress re the wheelhouse. Speak to the seller and see what can be agreed before going down the legal route.

[ostell]

Re: Boat seller misrepresented the boat we bought

"
I have recently bought a 50ft Ketch and would NEVER buy a boat with a survey commissioned by myself.

You mean "without a survey commisioned...." ? I agree with that.

Re previous survey
There was no mention of the previous survey because it was done for the previous purchase attempt and was commissioned by the prospective purchaser and the seller was not privy to to the contents. That survey could explain why the buyer backed off.

Quite normal for a heat exchanger to be fitted to the propulsion engine for provision of heating and hot water.

[des8]

Re: Boat seller misrepresented the boat we bought

Did you actually see the craft before purchasing it?
Did you have the opportunity to examine it before purchasing it?

Could you post up the wording of the contract (omit identifying details)?

[paulajayne]

Re: Boat seller misrepresented the boat we bought

You mean "without a survey commisioned...." ? I agree with that.

Re previous survey
There was no mention of the previous survey because it was done for the previous purchase attempt and was commissioned by the prospective purchaser and the seller was not privy to to the contents. That survey could explain why the buyer backed off.

Quite normal for a heat exchanger to be fitted to the propulsion engine for provision of heating and hot water.

Ooops --corrected it.