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From: Bob Austin (no email)
Date: Tue May 02 2006 - 18:57:27 EDT
I agree with Pascal. On the West Coast of the US, it was common to take a sea
trial before survey and haul out was scheduled. Then a sea trail with the
surveyor and haul out was done.
I find on the East Coast, brokers want to do it all at once--and often don't
want to go out when it is rough etc.
Also the broker needs to either have the owner aboard or a professional
captain aboard for the sea trial, unless the broker takes on this
responsibility.
What happened to Joel is unethical to say the least. Fortunately Florida has
licensing for Brokers and he needs to file a complaint:
>From Florida web site:
"What types of complaints are considered for investigation?
Investigations may address ownership of a vessel, possible unlicensed
brokering, commingling of funds, failing to deposit funds into a trust
account, improper use of trust account funds, failure to collect or remit
sales or use tax, fraud or dishonest acts, substantial and intentional
misrepresentation, allowing an unlicensed person to use his name to broker,
improper conduct, etc. The section will provide bond information on issues not
investigated or deemed outside of its enforcement authority, including
possible fraud, deceit or willful negligence."
You can take it from here if you feel that there was misrepresentation.
On sea trials, a boat needs to be taken to sea--not just down the ICW--the
engine run under full load, the engine run briefly under WOT, If a sailboat,
the boat sailed under all points of sail and with all sails available (if a
spinaker, it is put up).
You also need to have a certified mechanic look at the engine--not the marine
surveyor, unless he is a certified mechanic.
I don't have a lot of respect for most marine brokers. Many have been a waste
of my time at the best and guilty of fraud at the worst. There are a few
honest ones out there...but I would question the one that Joel dealt with!
I have suggested to Joel, that the engine and all systems be fixed, that then
the broker take off his commission the cost of hiring a captain and paying for
the surveyor to come back and do a proper survey. If the broker does not do
this, then persue action from the State agency.
Bob Austin
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