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Who does what
There can be some
confusion on whose responsibility it is to prepare the boat for a
survey, pay for hauling the boat, for cleaning the bottom, insuring
the paperwork is in order, etc..
Maritime Vessel
Surveying, Inc. hopes the below will help you
understand the relationship between the buyer (you), the seller
(owner or broker) and the surveyor.
For the purpose
of this article:
The person(s)
interested in purchasing the boat who has completed a purchase agreement,
including giving a deposit to the seller or a broker,
which should be
contingent on
the findings of a marine survey.
The current owner(s) of the boat or their
selling agent, such as a Yacht Broker.
A professional marine surveyor hired by the
buyer who will perform a full marine survey on the boat to determine
if there are any safety or defect issues which need to be addressed
by a prudent buyer.
A full-service
Marina or a place where marine repairs can be made that is accessible
by water that has the
equipment to "haul" or
take a boat out of the water.
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What If The
Seller Has A "Current" Marine Survey On The Boat?
In most cases,
a previous survey wouldn't be acceptable to a savvy
buyer unless you know the owner and how they have cared
for and maintained the boat. You should also be familiar with the
surveyor's reputation and the make sure this report was not done
just for the owner's benefit (i.e. sale of the boat).
If the owner or
their representatives indicate they have a "current" survey
on the boat, ask for a copy of it. If the report is over
six months old, accept it but you should check with the lending and
insurance institutes first.
Remember ~ a survey
represents the conditions found at an inspection date and time. At
no other time is should it be considered completely valid.
If it's a more
current survey report, first check out the “findings
and recommendations” for the discoveries that were made during
that survey. If repairs or deficiencies were noted, ask for a copy
of the updated Survey Report which should clearly reflect
that those items have been satisfied. If there isn't one, consider
getting a new survey done!
If the Report
of Marine Survey is not professionally completed it may not address
all the areas a prudent buyer should expect (see Marine Survey
Report) for their investment!
What The Buyer
Should Tell
The Surveyor
First, the more
you tell the Marine Surveyor you select about your boating experience
and how you plan on using this boat, the better the surveyor will
be able to serve your interest in representing you and the
boat.
In addition, most
insurance underwriter's need to know the "intended use" of
the vessel which will be reported in the survey report. Therefore
the surveyor will ask if you intend to use the vessel in local water,
offshore trips, long distance blue water cruising, or even racing.
It helps the surveyor to understand what your level of experience is and how best to respond to your questions
i.e. if you're a novice or a fairly new captain, we will try our
best to respond to you in "layman's" terminology/language
so that you will fully understand what the exclusive Marine Survey
Report prepared on your vessel will include.
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Buyer Vs Seller
Pre-Survey Responsibilities
Who needs
to arrange what....then who pays for it:
Survey
Fee
The buyer is
responsible for the survey fee. The surveyor will expect full payment
for their services at the time of the survey.
Hauling
The Boat
The buyer has
to make arrangements with the Marine yard of their choice for hauling
the boat where it will be accessible to the Marine Surveyor to perform
the survey.
The first thing
you, the buyer, needs to do is schedule
a "haul out" date with a reputable Marine yard. This is
assuming the boat is not already in a yard. Before you do this, ask
the seller for a "time window" for some dates they are
available to bring the boat around to the yard in case there's a
conflict with the dates the yard has available. Typically the "haul
out" fee charged by the yard is expected to be paid at the time
of hauling. Discuss this with the Manager of the yard you've selected.
Sometimes, if
additional work needs to be done on the boat as a result of the findings
of the survey, a yard will waive the haul out fees if you'll
commit to having the work done by their yard.
Sea
Trial
See Sea Trial to
understand what this is. The seller is
responsible for any fee for someone to operate the vessel during
the sea trial, such as a paid captain, if the owner isn't available.
It is only the sellers (or
broker) job to insure that the vessel is made available
on the scheduled date.
Sea
Trial Safety
The seller is
responsible for insuring that the vessel has adequate fuel for the
sea trial. An "experienced" boater/buyer would
also make sure the vessel has standard safety equipment on-board
the vessel prior to the sea trial as some seller's have
been known to remove this equipment prior to sale.
Bottom
Cleaning
A significant
portion of a full boat survey is the "bottom" or hull of
the vessel. If the bottom of the boat is dirty or full of barnacles,
it will need to be pressure cleaned prior to the start of
the survey.
Typically the seller should
cover this cost, since they allowed the bottom to get in that condition
to begin with! However, the buyer needs
to establish (or negotiate) with the seller who
will be responsible for paying the yard for the cost of cleaning
the hull of the boat to avoid confusion later.
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Scheduling
The Survey Timing
Unfortunately,
this effort will take some time and effort on the buyers part
as it will be necessary for you to arrange a specific, mutually agreeable,
date and time with the seller/broker, the yard, the Marine Surveyor
as well yourself!
The buyer should
only schedule the survey after you have an accepted, signed
offer. When you sign the purchase agreement make sure it
provides you with at least two weeks after the agreement date to
complete the survey and accept the vessel. I.e. the "closing" on
the sale of the boat should be scheduled at least two weeks after
the purchase agreement. The "sale" will not be complete
until the "closing".
Typically it is
best to schedule the haul out at yard at the earliest hour possible
in the morning since a complete survey, including the sea trial,
will take a full day.
Once a “time window”
has been reviewed with all parties and the date has been established
with the seller, broker, yard, and a professional Marine Surveyor
to schedule and confirm the survey including the sea trial.
Day
of The Survey
Time and additional
expense can be saved by preparing the vessel
for inspection and making her more accessible.
Once you retain
the surveyor, he or she works only for you and reports to
no one else. The professional marine surveyor is there to protect your interests!
They work for you, but speak for the boat.
The surveyor should
never be asked to prepare a boat for inspection. The surveyor may
request minor dismantling of interior ceilings, headliners, flooring,
etc. in order to gain access to those areas.
The owner should
arrange to present a clean, shipshape boat, and should have all papers
and miscellaneous gear ready. Lockers and cabin areas should be cleared
of all miscellaneous gear.
Random removal
and examination of below-the-waterline fasteners on wood boats may
be required.
Any dismantling
and re-installation of parts should be performed by qualified personnel
and is the responsibility of the person ordering the survey (typically
the buyer).
Written authorization from
the owner may be needed to board and/or to
remove part of the vessel or for the surveyor to perform any type
of destructive testing.
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The buyer should
advise the seller/owner (or the yard) not to
start or run the engines before the Marine Surveyor arrives on the
day of the survey. They will want to check the oil when the engine(s)
are cold and do a "cold start"as part of the
mechanical inspection.
The Marine Surveyor
will need to checkout the boat prior to the sea trial. They
will be checking the vessel hull construction and outside areas (through-holes,
outdrives, shafts, etc.) on the boat while it's out of the water
as well as checking the engine's oil. Typically, this will take an
hour to two hours, depending on the size of the vessel. Therefore,
the seller/broker does not have to be present during this work. The
buyer may want to be present.
After completing
inspection of the hull, and providing the boat is sea-worthy, the yard can
put the vessel back into the water for the sea trial and/or for the
surveyor to complete their inspection.
The most desirable
schedule would be to provide time for the Marine Surveyor to complete
their inspection of the topside and interior of the vessel prior to
the sea trial. To understand the comprehensive listing of items checked
please see Marine Survey
Report.
The
advantage to the buyer in allowing this time is that the surveyor
will be able to provide a verbal summary of their findings after
the completion of a thorough
inspection
and sea trial. The buyer should
consider this when scheduling all parties for the sea trial.
All parties
should be present for the sea trial or as a minimum the buyer, the
surveyor and the owner or a licensed operator for the vessel.
Depending on the location of boat/yard to
open and deep water (i.e. time to reach deeper water) the sea trial
itself can take another one to two hours.
The Marine Surveyor
will then meet with the buyer, and the seller if the buyer desires,to
provide a verbal finding of their findings including major concerns
on structural or safety issues.
The written Marine
Survey Report, including any photographs taken during the survey,
will usually be faxed to the buyer with a hard copy sent in the mail.
If there's a priority need, the report will be faxed to the buyer
within 24 hours and the report sent priority mail.
At this point, the Marine Surveyor's
job is completed.
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The buyer then
should discuss any recommended repairs or safety defects discussed
in Marine Survey Report with a qualified yard and
get an estimate of any costs associated with fixing the recommendations
to use in negotiations with the seller.
If the buyer elects to
have the repairs done after the sale is completed, Maritime Vessel Surveying,
Inc. would be willing to work with the yard as your
representative. We would discuss the list of the deficiencies with
the yard and establish periodic check points in the repair(s) process
to ensure that the work is done properly and will satisfy the Survey's
findings.
On
safety or major defects, the lending institute and/or insurance agency will require notification
when the defects that were discovered during the survey are completed.
Sale
Agreement
This is provided
for the buyer's information only for the
purpose of this
article. A professional Marine Surveyor
does not get
involved with the negotiation of the vessel
between the buyer
and seller.
It
is in the buyer's best interest to make sure
a "condition" of the sale agreement is one that clearly
shows (is written into the agreement) that the "closing
is contingent on the survey not showing any major repairs
or safety concerns" on the boat.
If
major repairs need to be done on the boat you will have to re-negotiate
a fair price with the seller and sign an amended sales agreement.
You may have trouble getting your deposit back without this condition!
Do not allow
yourself to be rushed into a closing by the seller or their
broker!
If
you have any questions, please feel free to contact us. For permission to use this article, please contact:
Captain
Stanley G. Konz, A.M.S.
Maritime Vessel
Surveying, Inc.
1-800-576-9116
captstan@boatquotes.com
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