113 legal corner S
ummertime seems only a gin and tonic and a knotted hanky hat away. For some of us the change of season encourages us to think about whether or not to take the plunge on buying the boat that we’ve always hankered after. And yet, unlike the house market or the used car market, first-time boat buyers find themselves in a less regulated, smaller and more diverse market which can be a confusing place to navigate. So, what should you be thinking about first?
Most first-time boat acquisitions are second- hand purchases from private sellers. If you should follow this same route you should be aware that the scope of the protection afforded to you by the sale of Goods Act 1979 (as amended) will be far more limited than if you had contracted with a trader. For example, when purchasing a second-hand boat from a trader it must be of satisfactory quality (bearing in mind that the test of satisfactory quality will be less than that of a new boat), it should be as described by the seller and it should be fit for purpose. When purchasing from an individual the so-called ‘implied terms’ of the Sales of Goods Act will only apply to title and description, not to quality. This means that a boat must simply correspond with its description and be legally owned by the seller. In other words, the risk that a boat may fail to meet expectations or have defects falls on the buyer – so, caveat emptor (buyer beware)!
With this latin maxim firmly captured in mind, next, you spy your Dream Boat. Before proceeding to make an offer, it is worthwhile checking out the website
www.stolenboats.
org.uk for piece of mind that Dream Boat is not listed there (although the site offers no
By Jasmine Clamp, Solicitor, Dartmouth Office
Buying a second-hand boat in the UK: how to avoid a boat load of trouble
It is always advisable to
have a written contract.
guarantees of listing every stolen boat). With this ticked off your list, you now need to move on to negotiating terms. As a buyer you will either be dealing with the owner directly or via a broker. Whomever you deal with, you should ask as many questions as you consider necessary to get an understanding of what you are buying – and don’t be afraid to put those questions in writing and ask for replies in writing. For example, how many hours has the engine been used for? How often has the boat been serviced? Is there any warranty left and is it transferrable? What documentary evidence of the above is the Seller able to produce? Above all, you must be satisfied that the seller guarantees clear title and that the boat is free of encumbrances. Furthermore, ensuring that an offer is subject to survey or sea trial will be essential to your understanding of how the boat handles and what problems, if any, you may be taking on. The price you ultimately agree to pay should be
a fair reflection of the boat’s market value and any residual issues that you may have to spend money on to put right.
Finally, it is always advisable to have a written contract. This is something that Wollen Michelmore Solicitors can help with, setting out the common terms and conditions relating to the sale and purchase of a boat. There are also a number of reputable seafaring agencies, such as The Royal Yachting Association who provide model agreements.
And once you’ve done all of that, you can finally pull down your hanky hat and start sailing. Bon voyage!
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