- Sep 20, 2020
- 298
- Boat Info
- 2001 310 Sundancer
- Engines
- Twin Horizon 357 Inboards (repowered in 2017)
Let me apologize in advance for the length of this post. I tried to be brief, but I think that most of the details I included are important in order to completely understand the situation.
Last fall, we sold our 260 Weekender and had been looking for an early 2000's 310 Sundancer without a lot of success. Then, in early December, we found one about 100 miles from us that appeared to be in great condition with newly replaced engines; but it was for sale by owner (Paul). It had already been hauled and winterized, but Paul said that he'd be open to a sea trial (weather permitting) if we'd be willing to pay to have it launched, hauled, and re-winterized after the sea trial. Paul said that he was looking to downsize to a smaller center console and that if he could sell the Sundancer in the winter it would enable him to shop for one throughout the winter or in the very early spring.
We drove up to see the boat and found it to be in excellent condition. I was concerned about getting a contract in place, so I tried to contact a number of local brokers to see if there was a way to get them involved in the transaction. But I kept getting voicemails - 3 out of 4 of which had full mailboxes. None of them ever responded.
To move the process along, Paul and I agreed to use a broker's contract that I had from a previous boat transaction. We changed the names, dates, and boat information and updated some other references. I paid a deposit and we signed the contract on 12/26/20, with an expiration date of 3/25/21.
I hired a local surveyor that I trusted and who was willing to drive the 100 miles to do the survey if the weather broke. We got a weather window during the second week of January. I had contracted COVID and would not be able to attend the survey, but I had already seen the boat and was willing to accept the results from this surveyor.
The survey listed only some minor issues that I was already aware of, and included a video of the boat running at cruising speed - all good. But here is where it gets sticky.
This is a US documented boat, and according to the surveyor's search, the documentation had not been updated to reflect the current boat's name or hailing port. It still listed the information from the previous owner. Apparently, Paul had just bought the bought with a bill of sale scribbled on a piece of paper and never followed up with changing the documentation. Obviously, I didn't want to pay for the boat without the proper documentation, so after discussing this issue with him, he contracted with a marine documentation company, who would get all the documents updated and prepare a bill of sale.
When I checked the listing three weeks ago, it had been updated to reflect the current name of the boat and hailing port, and it said that the record was last updated on 2/3/21. At that point, I contracted with a local documentation company to do the lien search in preparation for updating the documentation when our purchase was complete. I also called my marina to renew my slip rental.
When I checked with Paul last week however, he said that he has not received any of the documents yet and that the documentation company told him all he can do is wait. He mentioned that he had already paid for a slip rental for 2021 in expectation of having his center console, but that he wasn't able to buy the center console until we paid him for the Sundancer. He then suggested that if the documentation doesn't come through soon, he might want to just keep the Sundancer one more season rather than lose the amount he paid for a slip.
I have no way of knowing whether he has received the documentation or not, but if he has determined that he'd rather not sell the boat at this point, and chooses to just let the contract run out on 3/25, it would leave me out about $800 for a survey, along with additional costs for the title search, hauling, etc.
So my questions are:
Last fall, we sold our 260 Weekender and had been looking for an early 2000's 310 Sundancer without a lot of success. Then, in early December, we found one about 100 miles from us that appeared to be in great condition with newly replaced engines; but it was for sale by owner (Paul). It had already been hauled and winterized, but Paul said that he'd be open to a sea trial (weather permitting) if we'd be willing to pay to have it launched, hauled, and re-winterized after the sea trial. Paul said that he was looking to downsize to a smaller center console and that if he could sell the Sundancer in the winter it would enable him to shop for one throughout the winter or in the very early spring.
We drove up to see the boat and found it to be in excellent condition. I was concerned about getting a contract in place, so I tried to contact a number of local brokers to see if there was a way to get them involved in the transaction. But I kept getting voicemails - 3 out of 4 of which had full mailboxes. None of them ever responded.
To move the process along, Paul and I agreed to use a broker's contract that I had from a previous boat transaction. We changed the names, dates, and boat information and updated some other references. I paid a deposit and we signed the contract on 12/26/20, with an expiration date of 3/25/21.
I hired a local surveyor that I trusted and who was willing to drive the 100 miles to do the survey if the weather broke. We got a weather window during the second week of January. I had contracted COVID and would not be able to attend the survey, but I had already seen the boat and was willing to accept the results from this surveyor.
The survey listed only some minor issues that I was already aware of, and included a video of the boat running at cruising speed - all good. But here is where it gets sticky.
This is a US documented boat, and according to the surveyor's search, the documentation had not been updated to reflect the current boat's name or hailing port. It still listed the information from the previous owner. Apparently, Paul had just bought the bought with a bill of sale scribbled on a piece of paper and never followed up with changing the documentation. Obviously, I didn't want to pay for the boat without the proper documentation, so after discussing this issue with him, he contracted with a marine documentation company, who would get all the documents updated and prepare a bill of sale.
When I checked the listing three weeks ago, it had been updated to reflect the current name of the boat and hailing port, and it said that the record was last updated on 2/3/21. At that point, I contracted with a local documentation company to do the lien search in preparation for updating the documentation when our purchase was complete. I also called my marina to renew my slip rental.
When I checked with Paul last week however, he said that he has not received any of the documents yet and that the documentation company told him all he can do is wait. He mentioned that he had already paid for a slip rental for 2021 in expectation of having his center console, but that he wasn't able to buy the center console until we paid him for the Sundancer. He then suggested that if the documentation doesn't come through soon, he might want to just keep the Sundancer one more season rather than lose the amount he paid for a slip.
I have no way of knowing whether he has received the documentation or not, but if he has determined that he'd rather not sell the boat at this point, and chooses to just let the contract run out on 3/25, it would leave me out about $800 for a survey, along with additional costs for the title search, hauling, etc.
So my questions are:
- Can he just let the contract expire and walk away?
- Is there any action I can take to prevent it?