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Old 08 June 2012, 08:04   #1
DJS
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Pro-Forma bill of sale!

Hi All

I am buying a boat at a distance (private sale) and as I won’t have a chance to run the engine due to the location hence I need to build a clause into the bill of sale to agree this.

It is my intention to hold back some funds until I can ensure all is sound.

The question is does anyone have a pro-forma bill of sale I could use?

Thanks
DJ
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Old 08 June 2012, 08:11   #2
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http://www.direct.gov.uk/prod_consum.../dg_196792.pdf

I wouldn't let a buyer hold back funds, find a container you can attach a hose to and use your muffs and gravity, there was a post recently about flushing and the hose pipe ban, there was a solution on there.
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Old 08 June 2012, 09:28   #3
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I would also have laughed if someone had said he was with-holding funds when picking up, then said no.
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Old 08 June 2012, 11:25   #4
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Interesting replies and its about negotiation if the seller cant facilitate running due to the location and circumstances then holding back funds may suit both parties. This approach is used in many business and purchase transactions!
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Old 08 June 2012, 11:36   #5
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Thats the critical word though, business.
If someone turned up on a private sale for a car, boat or other portable goods and said he would pay the rest later after taking possession, even based on what would be classed as a contract of sorts, then the answer would still be no from me.
If there are doubts about whether the goods were OK or not, (running condition etc) that could not be proved then I would expect the price to reflect this.
For a boat if I was worried about it I would either offer less money, not buy it or take a tub and some water to run the motor.
I certainly wouldn't sell a boat under these circumstances myself and hope for the remainder of the money, posession being 9 points of the law and all that!
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Old 08 June 2012, 11:55   #6
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Quote:
Originally Posted by DJS View Post
then holding back funds may suit both parties
I can't ever imagine that being the case, no seller is going to accept it - you could easily say it needs a heap of work doing and deduct it from what's owed and he'll be none the wiser.

Also, look at it from another point of view - if the seller was happy with this arrangement than I'd be worried something was seriously wrong, do you really want to commit to buying a boat without know if it even starts? most people won't even buy before a sea trial.

Good luck
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Old 08 June 2012, 13:58   #7
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Nonsense folk have bought plant and equipment across Europe on this basis and indeed beleive it or not the odd person has bought machinery and or similar of eBay!
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Old 08 June 2012, 14:12   #8
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Let us know how you get on but...........
I'll be surprised if a private seller lets you tow away a boat still owing him money, I know I wouldn't..........
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Old 08 June 2012, 14:38   #9
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In a private sale, this requires plenty of trust from the seller. If the buyer would be a con, the
wording in the contract does not matter so much....

If You won't find a usefull proforma, just write in the contract place of jurisdiction and in free understandable form what Your intentions & transferee of responsibilities are in various scenarios. That should be sufficient. Good luck
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fun on a boat is inversely proportional to size...sort of anyway
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Old 08 June 2012, 18:30   #10
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Get engines inspected by third party. What protection does the seller have from a buyer who says "the engines don't work", when they were in running condition while in the seller's possession? Now the buyer has possession and no recourse for the seller.

You wouldn't get a boat from me.
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