Marine Inspection regulations

[ShaneC]

Hi all;
I was wondering if I could get some input from either someone in the industry or someone who has had a similar problem. A neighbour of mine has recently purchased a second hand boat. Not being the most cluey person boat wise he made the wise (maybe not!!) decision to get a qualified person to do a pre purchase report. Since taking delivery of the said boat, he has had nothing but troubles. The bilge doesn't operate effectively, it takes on water, and there are problems in the electrical system that are very obvious upon close inspection (something he paid the guy to do for him). He is currently trying to fix things up, but these repairs are costly, and he has been told by the firm involved that it is not their problem and they take absolutely no responsibility for the problems that were not picked up in the inspection. He has a written report with ticks where there should not be ticks (as in the area was obviously faulty, which he found out too late), and they charged him a sizable sum to do the inspection. This is not a 12 foot tinny by any means either, it is a large boat that cost him six figures to buy. Has he got a leg to stand on?? He is considering legal action so I won't say who did the work, but surely there has to be a regulatory body that governs such rogue operations as this. The company involved have wiped their hands of him, so now he is left with a very expensive boat that needs costly repairs due to the ineptitude of someone he paid to alleviate the risk of this happening. He has had the boat three weeks. Does anyone have any advice I can pass on to him regarding this?? Any input would be appreciated.
Thanks guys.
Shane

[Kiktz]

Shane,

Seriously, with the ammount of problems people face when purchasing a product or a service it pays to find out what re corse you have.
I would liken this to having a building inspection on a house then finding after after the fact that there is problems every where.

Personally I would suggust that he does get some proper advice legal
or otherwise. As simply the company that were employed to do a job
simply have not forfilled their end of the bargin and should be held responsible. As if they had carried out their jon correctly may be your neighbour would not be facing the current problems that he is, and put his hard earned money in someones else's pocket and got what he expected and not a bit of a lemon.


Aj

[seatime]

the reputable marine surveyors that do these pre-purchase inspections carry insurance for just this type of eventuality.

if there isn't a legal for recourse for your mate, there should be!
hate hearing about this kind of thing, sounds like some kinda used car outfit we see on a current affairs programme on the telly.

hope it turns for the better soon.

[steveg1100]

How long has it been since the inspection was made. How many times has the boat been used since the inspection. To follow up in small claims will have to have another inspection done by someone else to provide you with the amunition to follow it through.

[PADDLES]

most house inspections have no comeback either. you're pretty much relying on the experience of the inspector to be better than your own. the inspection i got done on my boat before i purchased it was the same, i knew for sure that the guy checking the boat out for me was very good (heaps better than myself) at what he does.

[steveg1100]

They try to make you think there is no comeback. I have an acquaintence I used to work with that recently took a home inspection company to court as the house he purchased had some structual problems that were not reported. They ended up settling on an ammount for the repairs required. I also like yourself thought that because of the fine print about no liability that he did not have a leg to stand on.

[cbs]

Break out another thousand.

Are we talking $100,000? or 1,000,000.

What your guy is effectively asking the surveyor to do is effectively find and take note of every shortcut, mistake and maintenance issue (or lack of) for the entire vessel for its life from inception in the entire range of trades for what might be a few hundred dollars. Sound easy?

A second hand vessel is far more complex than the average house, and in a corrosive environment that is not conducive to keeping equipment in top shape hence a lot of problems are not immediately evident, or will be hidden from sight.

My view is that an inspection is only going to give you an overall impression of the general condition of the vessel and you may find some surprises. After all, we are not talking about a brand new vessel that comes with warranty are we?

Not to dismiss what may be shoddy work though.

[steveg1100]

I agree you will not pick everything my comment would only hold true for major things that should have being spotted. eg rear transom that flexes due to severe rot.

[ShaneC]

CBS,
Mate it was over $100k spent, not a mil, that would make it 10 times worse!! Guys I have an update as of about 20 minutes ago. The guys who did the inspection are helping out to a point, but not going as far as I think they should. They have agreed (only under threat of legal recourse) to get someone in to fix the 'obvious' faults that were missed. 'Obvious' is to be determined by them and anything other than that they are not willing to have any part of. By our reckoning, the electrical problems should be getting fixed, which will include the faulty bilge, and if they can isolate the area that is taking water, he has agreed that it could be a case of buyer beware. He is a very easy going guy but he has spent over 100 nicker on a boat and feels suitably shafted. I will keep everybody tuned as to what happens, we will know more tomorrow. Please cross your fingers for a good outcome, he has saved a long time for this boat.....

Cheers,
Shane

[ShaneC]

Guys,
Thanks for your input on this subject, my neighbour is not a member but has just read the posts and asked me to extend his gratitude. Thank you.

Shane

[PinHead]

I do not think there is a regulatory body as such for these instances unlike building inspections..they are answerable to the BSA. Perhaps they are a member of the BIA..not that they may do much either. Did he buy the boat from a yard? If so, there will be applicable warranties...if a private sale then I would guess that it will have to be determined between himself and the inspection business...or legal recourse if it comes to that. I have said before in other posts that the dollar value of the boat is irrelevant when you have a problem...the problem/s can still be of similar size.

[ShaneC]

Pinhead,
I couldn't agree more mate. When you buy something on the pretense that it is in good working order it doesn't matter if you spend $12 or $12 mil. If a $20 item from Kmart was faulty, you'd take it back, unfortunately this is not an option, it was a private sale through a qualified inspector (statement used very loosely). I have since found out there is a bit more to the story, their liability on the matter is getting less by the hour. Thankfully it seems that he has got recourse on this, hopefully this will help in either seeing a good outcome or a shoddy business being exposed.
Thanks.
Shane

[fez]

ShaneC,

Lets hope the outcome is is a good one and the inspection company takes responsibility for their actions.

It would be a shame from your neighbours point of view if the only outcome was to expose a shoody business, may help others, however won't help him.

Hope it works out for the best.

Cheers,
Fez.

[steveg1100]

How much did the inspection cost????

Also on another note regulating bodies are usually just toothless tigers how many times have you seen builders on shows like a current affair going from one disaster to the next while the governing body states they are being investigated.

[ShaneC]

Not sure on the price of the inspection mate. The inspection people were around there today trying to make everyone happy. I haven't had a chance to speak with my neighbour yet, but when I do, I will let you guys know the outcome.
Cheers,
Shane