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Old 23 January 2013, 16:09   #21
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Originally Posted by ericmx29 View Post
It's the previous owner, but what's difference, because is the broker who sold me the boat?
i 've this document from the broker:

it's written 1999 not 1993.
You purchased it through them not from them.

The year you may have a case with if the serial number is still clear, but then were you asked to confirm the information on the paperwork was correct when you collected?

Even if you were to win the chances are you would get awarded a financial settlement in costs between a 93 build and a 99.
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Old 23 January 2013, 16:15   #22
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You see, even Eric has enough balls to not disclose the broker.

I bet the broker would bleat about complaining clients.

Eric, I respect your standing here. It appears that we understand your issue but before we pass judgement we need to be 100% sure of the rules.

Which I believe is the right way.

So stick with it Eric.
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Old 23 January 2013, 16:18   #23
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i only had one contact, or by email or by phone: the broker, the broker describes me the boat, i often asked about the year he never told me 1993, or for the boat or for the engine.
when i came, i only saw the broker, i don't know who paid him.
when i had the issue with the internal tank, i contact him every day.
i don't know if i can give his name.
I imagine one where on your contract from the broker you have the following disclaimer

"The company offers the details of this vessel in good faith but cannot guarantee or warrant the accuracy of this information nor warrant the condition of the vessel/equipment. A buyer should instruct his agents, or his surveyors, to investigate such details as the buyer desires validated. This vessel is offered subject to prior sale, price change, or withdrawal without notice"

If they merely acted as the selling agent the onus is on the buyer to fully satisfy themselves prior to purchase. Most brokers (including me) obviously prefer to assist with potential issues rather than use the above to back out of any situations but not everyone is the same. The brokers would have a signed inventory from their client who has supplied the details and specs. The benefit for the broker being they are not liable for inaccuracy or faults and the benefit for the owner using them is its all out of their hands. They have no legal obligations, unless they are within the same trade. Win, win.

You will be surprised how little some brokers know about the boats they have on their books, or how to check their ages etc.

Peter @ Boatsandoutboards4sale ~ www.BoatsandOutboards4Sale.co.uk ~ 07930 421007
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Old 23 January 2013, 16:19   #24
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Is this the same as being pis*ed of with Autotrader if the car you bought is cr*p?
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Old 23 January 2013, 16:34   #25
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You purchased it through them not from them.

The year you may have a case with if the serial number is still clear, but then were you asked to confirm the information on the paperwork was correct when you collected?

Even if you were to win the chances are you would get awarded a financial settlement in costs between a 93 build and a 99.
why should i've been asked to confirm information on the paperwork (i wasn't in fact)? to me, when i asked a question the broker had a kind of obligation to tell me what i knows, and if he didn't knew he told so.
he was preatty clear about the boat and engine: 1999, for the engine , everyone one must admit that 6 years of difference is very important.

BTW, it's not like if i hadn't enough balls to give the name of the broker, i just contacted him to give him the newest info about the age of boat and engine, i just give him a chance to explain.
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Old 23 January 2013, 16:40   #26
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Eric, you misunderstood me.

I said that you were actually strong enough not to say the name of the broker.

You have the balls to be strong about your argument and not say who sold you the boat.

I respect the fact that you have the strength not to name the broker.

It was a compliment Eric.
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Old 23 January 2013, 16:59   #27
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Why don't you have a look at

http://www.rya.org.uk/infoadvice/buy...chtbroker.aspx

It has a lot of information you may find useful.
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Old 23 January 2013, 17:12   #28
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Eric, you misunderstood me.

I said that you were actually strong enough not to say the name of the broker.

You have the balls to be strong about your argument and not say who sold you the boat.

I respect the fact that you have the strength not to name the broker.

It was a compliment Eric.
yes, i totaly misunderstood your words sorry for that
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Old 23 January 2013, 17:18   #29
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Would I be right in saying to the above statements of " you had etc., etc.,..",

"So did the broker.", but obviously didn't.
the broker wasn't buying a boat and therefore getting a risk, it really is just like estate agency the responsibility lies with the buyer
Quote:
We had this recently with trailer bearings and it came down on the vendor that whatever went wrong with the item post sale was the vendor's fault for selling an unfit product.
there is an important difference though - there are specific laws on selling dodgy motors (and therefore trailers) in the road traffic act. Clearly that is irrelevant to boat sales.

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I reckon it sounds like a misrep of product and selling unfit for purpose.
you may be right, but the rules on 2nd hand products are rather different; as are the rules on transactions between individuals - the sales here is between the individuals the broker is just a "deal maker / introducer / advertiser / facilitator".

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Originally Posted by ericmx29 View Post
It's the previous owner, but what's difference, because is the broker who sold me the boat?
no the other person sold you the boat - the broker just 'brokered' the deal.

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it's written 1999 not 1993.
that is your one saving grace... but: I wouldn't hold your breath, especially if you can't show the broker knew the information he had was likely to be wrong.

Quote:
Originally Posted by ericmx29 View Post
why should i've been asked to confirm information on the paperwork (i wasn't in fact)? to me, when i asked a question the broker had a kind of obligation to tell me what i knows, and if he didn't knew he told so.
As per the quote above from B&O I would expect you have signed accepting his terms and conditions including that nothing he said was fact!

If he is a member of the BMF then I think they have an arbitration scheme but don't assume that common sense, or normal French business rules apply.
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Old 23 January 2013, 17:30   #30
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OK, but the agent then stays as the agent until the vendor/purchaser is happy.

The agent isn't absolved of his agency once monies have changed hands......if there is any arbitration they are involved.......hence the agency. I know that agents generally want the best of both, but here they need to toe the line.
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