Unsure how to handle issue w/ broker - advice?

[Tooluser]

Howdy y'all. New owner of a 1980 E-38; I just completed a 1-week shakedown, taking my father on his first sailing trip in the San Juans. But that's the good part. . . .

I'd love some advice.
I recently purchased an E38. After the survey, the vessel sat at the broker's dock for 6 weeks. I purchased it about 2 weeks after the survey.

When I arrived after purchasing the vessel, I found some concerning issues.

It had been apparently untouched, or not profitably touched, since the sea trial. The muffins I'd brought to share with the broker and surveyor were sitting in the galley, covered in mold. I'd even pointed them out as I left.

The shore power was connected, but turned off, as was the battery charger. The AGM house bank was completely dead (as in < 1 volt); I managed to borrow a car battery charger to get it over the hump to the point that the on-board charger could function, and they bulk-charged all night. The forward battery was also completely dead, and the windlass doesn't freewheel, even though I was told it did (we couldn't test it because the battery was dead during the survey, too.) The anchor locker pan had clogged and flooded the forepeak, soaking the mattresses.

The bilge pump turns out to have been off - and necessarily, because it was mis-wired and wouldn't function automatically. It looked brand new. My survey showed the pump as functional, so that's puzzling. THAT one I discovered just in time, along with a bunch of uncapped wires in the bilge. (My shakedown week was a fun blend of great sailing and skinned knuckles and brainstormed repairs, as it should be!)

The leaking water pump also didn't get replaced (I'll be back for more advice there). I think the broker and I may have miscommunicated on this one, though I'm not sure why I'd say "sure don't fix that known bad thing". Let's allow it.

So an uneasy feeling in general, and I'm trying to decide how to handle this. On one hand, I feel like I got 'done' by the broker here (who didn't respond to a single phone call about the batteries, despite their daily text messages and chats throughout the buying process. The broker's new employee was a hero and very friendly). The 400Ah bank didn't last 2 days at a time and I wonder if they're cooked and this sloppy handling of a boat cost me two grand. They were 'brand new' batteries (and still look it). Or maybe they'll be fine after reliable charging for a bit? I will get a SOC system on them soon.

On the other hand - well, it's over, and I've got the boat, let's get on with life, maybe learned an important lesson. Cheap at the price.

I could:
- Call the broker and 'express my concern'. Costs me time, probably gets ignored; low utility.
- Share the story, without naming. Benefits the community.
- Call the broker and ask for $$ for them torching my batteries. Potentially justified, but potentially not.

Right now I'm thinking I'm going to call the broker and make sure they understood what happened and see what their response is.

Thoughts?

 

[Dave G.]

FWIW, I also had real issues with the broker when purchasing my boat. Pretty sure mine were deliberate as they tried to back out of the deal when I showed up for the sea trial as I'm sure they must have gotten better offer. That's another whole story though....cutting to the end of it all ( after many emails and phone calls) unless I wanted to take them to court and prove negligence I got nothing from the broker. Lesson learned if every detail is not in the purchase agreement you are at their mercy which in my case was a big "0", not even an apology. I would definitely make them fully aware of their negligence and who knows miracles do happen. Once they have the funds and title passes they basically don't care as legally it's the new owners responsibility from that point on. Good Luck !!

 

[southofvictor]

Did you have any kind of written agreement with the broker about maintaining the boat after you purchased it, before you took delivery? Did you have an amendment to the sales contract specifying remedy of any of the survey deficiencies in writing? If not it’s probably time to move on, though I’m not a lawyer nor do I have a ton of experience buying or selling boats so others may have a different idea.

For now I’d say you’re on the right track. Take care of the leaks and check your battery bank‘s actual capacity. Unfortunately with AGM’s there’s not anything you can do to bring it back up without risking making it worse, but at least you’ll know.

 

[Christian Williams]

I think when the check clears, it's your boat. How long did it sit unattended after the deal went through? Most of us would be there immediately, if possible, but sometimes the world interferes.

Re the batteries, how old are they? Sellers haven't often changed batteries recently, so.... One full discharge shouldn't kill a battery, I don;t think. But you can do a load test, there are threads here about various approaches to that.

It's a gray area who tends a boat between owners. Down the road a piece such irritations may yield to the more usual issues we all have, and the slow process of bringing a new boat up to snuff. So, congrats.

 

[Tooluser]

It's a gray area who tends a boat between owners.

You've put your finger on it, Christian. There were the weeks before I bought it, and there were the weeks after I bought it but before I got there. If there were a usual-and-customary, I'd follow it. It's murky.

The batteries were 'new' and look indeed new. I don't have the date handy; < 1 year. He was going to go off on this boat, but he and his wife decided they wanted something full-keeled and snapped up an Island Packet. There were a few projects mid-install and some new stuff.

If it weren't $2k worth of batteries I wouldn't sweat it - oh let's be real. Actually it's half the money, and half that I resent someone being such a marginal human being. But buying something big is always a frisson of joy and terror. Off we go.

 

[Loren Beach]

Bummer of a way to start out. Have you found the date code on the top of a battery? Sometimes they are kind of truncated or cryptic.

 

[Tooluser]

Have you found the date code on the top of a battery?

The date stickers are there and immaculate, but none of the dates are punched out!

 

[Christian Williams]

You should ask the former owner. It's common to do that and most POs are happy to fill in the blanks for the new owner.

I had AGM batteries with no dates punched out too. Dunno why that happens.

 

[Kenneth K]

Actually it's half the money, and half that I resent someone being such a marginal human being.

I completely understand your frustration and I would likely feel the same.

Another side of the story though is that the broker can't take responsibility for the condition of any equipment on the boat. So, if he would have powered up a faulty charger, it could have fried your batteries or burned down your boat. That would also make it his fault. So I can see why a broker would take a hands-off approach with other people's boats.

 

[bigd14]

Frustrating! If it makes you feel any better my surveyor missed (or purposefully overlooked) a million things, which cost me many thousands of dollars and months of time out of the water. Unless you have a conscientious previous owner, broker and surveyor, something irritating like this seems likely to crop up during a sale.

If I were in your shoes I would probably just move on and enjoy the boat. Congratulations on the new boat!