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Old 23 January 2013, 12:05   #1
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Broker obligation (after sale)...

Hello,
i live in France and i recently bought a ribcraft in UK, i bought this boat from a broker.
soon as i came back to France, i went on the water with the boat.
the engine , shut off after we leave the shore , hopefully we were 2 on the boat.
it was quite hard to came back.
For this first run i use the internal tank (i fill it with 50 l of fuel).
before to buy the boat, the engine was running good, but it was tested with a small portable tank, broker said there was no fuel in internal tank.
After i came back on the shore i've notice there was water in the engine, and plenty (hundreds of liters of fuel and water into the boat:
obviously there was a hole in the internal tank.
i had tp pay 150€ to make the engine run again, i phone the broker and told him he should have told me about the internal tank, i asked him to pay for a new, he didn't want claiming it was the previous owner responsabilty.
Then, i ask ribcraft about the year of the boat, they told me 1993, and ask mariner about the engine year: 1993 too.
The broker sold me this boat and engine 1999 one's, it's written on the brokerage document.
now , i want this broker to take his responsabilities (but which are they?) and totally refund me ,
as i'm french , i don't know much about broker's responsability in such a case, can you please help?
thanks for any help and support,
Eric.
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Old 23 January 2013, 12:14   #2
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Eric, you may be asked for some dates, month you bought RIB and how long you have had boat and did any warranty come with boat( I am not a broker)
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Old 23 January 2013, 12:16   #3
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I bought this boat on august 2012, and i was in touch regulary with the broker since i had the problem with the engine, asking him to do something, but he never wants, but i only discover this week that the boat was from 1993.
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Old 23 January 2013, 13:28   #4
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Thats quite an old Craft although they are superbly built but for that age there would never be any warranty given or implied I would imagine.
I also would of thought that you asked hold old it was or at least the broker should have told you. The broker should have filled the main tank for running purposes and questions should have been raised when he used a small can to start the engine. it does sound like the broker has used dubious tactics
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Old 23 January 2013, 13:43   #5
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Hi Eric you may find this helpful

http://www.ashfords.co.uk/uploads/Se...20Pitfalls.pdf


specifically
The broker may also be liable for a
buyer's losses where the broker misrepresents the facts to
the buyer.

If you have a signed purchasing contract stating the boat was 1999. instead of 1993....this could be deemed to be misrepresenting the facts

and


In the case of
Clegg v Andersson T/A Nordic Marine (2003)
the customer did not lose the right to reject his yacht when he
had had and used it for 7 months, because he had identified
a fault with the keel immediately after delivery and had
repeatedly asked the seller for information regarding the
fault. The seller failed to provide the information and when he
finally provided it, the customer rejected the yacht 3 weeks

later.

ALL That said Ribcraft are great craft,(i want one!) if that is the only issue, the best solution may be re negotiating with the broker and the boat owner to find a amicable solution.

Do you have any photos of the boat?

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Old 23 January 2013, 13:57   #6
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yes, but the rib seems in good shape, retubing in 2010.
now , i have what we call overhere a "vice caché" (= latent defect or inherent defect, i guess ), in France , when you buy something and when you have, while using what you've bought, a latent defect, it's all the responsability of the seller. Is it the same in UK?
then, i've a false commercial document stating boat is from 1999, although serial says 1993.
I'm not a lawer, but even 6 month after buying, it's plenty enough, dont' you think?
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Old 23 January 2013, 14:01   #7
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Did you purchase the craft from the broker or through them? On your bill of sale who is named as the seller?
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Old 23 January 2013, 14:12   #8
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Hi Eric, I dont beleive that applies in the UK to something second hand (ie not new)

The sale of goods act applies mainly to information given to the buyer at the point of sale, both verbally and in the purchase contract.

But this dependent as ribshop says on whether you bought from a business or privately.

privately you have fewer rights.
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Old 23 January 2013, 14:52   #9
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Quote:
Originally Posted by ericmx29 View Post
yes, but the rib seems in good shape, retubing in 2010.
now , i have what we call overhere a "vice caché" (= latent defect or inherent defect, i guess ), in France , when you buy something and when you have, while using what you've bought, a latent defect, it's all the responsability of the seller. Is it the same in UK?
then, i've a false commercial document stating boat is from 1999, although serial says 1993.
I'm not a lawer, but even 6 month after buying, it's plenty enough, dont' you think?
You would need specialist advice to establish any liability. BUT the broker is likely to say:

- you had the opportunity to inspect the craft before purchase
- you had the opportunity to have a professional independent survey conducted before purchase
- you had the opportunity to investigate the boat and engine serial numbers and verify their age before purchase

Boats sold on brokerage are usually sold "as seen" and any defect is your responsibility. The wrong age may be an issue, but if that was his reasonably held belief I wouldn't hold out too much hope.

Marine brokers are like estate agents...
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Old 23 January 2013, 15:01   #10
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Quote:
Originally Posted by Poly View Post
You would need specialist advice to establish any liability. BUT the broker is likely to say:

- you had the opportunity to inspect the craft before purchase
- you had the opportunity to have a professional independent survey conducted before purchase
- you had the opportunity to investigate the boat and engine serial numbers and verify their age before purchase

Boats sold on brokerage are usually sold "as seen" and any defect is your responsibility. The wrong age may be an issue, but if that was his reasonably held belief I wouldn't hold out too much hope.

Marine brokers are like estate agents...
Would I be right in saying to the above statements of " you had etc., etc.,..",

"So did the broker.", but obviously didn't. 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.

Why has the status changed here?

I reckon it sounds like a misrep of product and selling unfit for purpose.

BTW that is a reply to "What the broker might say", not to Poly's answer.
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