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ALEXANDRIA, VA, October 7, 2008 --
By the time the new owner of a nine-year old, $35,000,
24-foot fishing boat approached the BoatU.S. Consumer
Affairs Department for help, it was too late. Shortly
after purchasing the vessel, the new owner discovered
that the boat had been subjected to “excessive trauma”
from a hurricane that caused serious structural damage.
Unfortunately, the new owner was now left with only one
expensive option: litigation.
While buying a used boat is never
easy, recent hurricanes could lead to an increase in the
number of hurricane-damaged vessels for sale on the used
boat market. While many boats are properly repaired and
sold, sellers don’t always tell the whole truth and
sometimes just finding out whether a boat has been
hurricane damaged can be difficult - especially if
cosmetic repairs have been made. Here are some tips that
could help protect you from inadvertently buying a
hurricane damaged vessel:
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Vote “independent”:
Having a survey done by an independent surveyor is
key. In the case of the 24-foot fishing vessel, the
new owner hired a surveyor - who was recommended by
the dealer - for the pre-purchase inspection. The
true extent of the hurricane damage was never fully
revealed until after the boat’s new owner, who lived
in another state many miles away received delivery,
became suspicious, and then hired his own surveyor.
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State line shuffle:
Anyone wishing to obscure a boat’s history need only
cross state lines to avoid detection. That’s because
unlike automobiles, there are few states that have
laws requiring the titles of junked or salvaged
boats be “branded” as such. And only 36 states even
have a requirement that powerboats be titled. In the
case of our 24-footer, the boat was damaged in Texas
when a hurricane struck. The absence of salvage
title allowed the unscrupulous seller to simply
trailer the boat to Ohio to list it for sale with a
dealer. A seller who is not willing to document
where a boat has been berthed or registered for the
past few years should be a red flag that extra
vigilance should be taken during the inspection and
pre-purchase survey.
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Fuzzy “background” checks:
Although a few Web sites purport to provide
comprehensive background information about used
boats, consumers should be skeptical, since there is
no one national clearinghouse for boat information,
short of checking the records of each boat by
calling the boat registration agencies in every
state. And be aware that even if you do that, state
boat registration records do not include information
about accidents or insurance claims.
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“As Is” could mean
“expensive”: Protections afforded consumers by
federal warranty laws and state implied warranty
provisions are limited when products are sold “as
is”. Without a thorough inspection and pre-purchase
survey, you may not find any storm-related damages
until something major happens and new repair efforts
reveal their true extent. And your insurance policy
won’t cover the repairs since most don’t cover
pre-existing conditions. If you do buy “as is”,
consider adding a statement in the sales contract
that says the seller has revealed everything they
know about the boat’s existing or repaired damages.
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Eyes Wide Open: For
certain buyers, purchasing a hurricane damaged
vessel may be appealing, provided they have the
time, budget and sweat equity needed to facilitate
repairs. However, knowing it’s a “hurricane boat” is
a must.
For more information on boat buying
or to get a free copy of the BoatU.S. Guide to Buying
and Selling a Boat, go to
http://my.BoatUS.com/consumer.
About BoatU.S.:
BoatU.S. - Boat Owners Association of The United States
- is the nation’s leading advocate for recreational
boaters providing its 650,000 members with a wide array
of consumer services including a group-rate marine
insurance program that insures nearly a quarter million
boats; the largest fleet of more than 500 towing
assistance vessels; discounts on fuel, slips, and
repairs at over 885 Cooperating Marinas; boat financing;
and a subscription to BoatU.S. Magazine, the most widely
read boating publication in the U.S. For membership
information visit
http://www.BoatUS.com or call 800-395-2628. |
