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He is a charter company, and my Hotel business is buying the boat as a going concern. I viewed as a private individual and my accountant advised me to have my hotel buy it.
Any representation of my boat that I made I believed to be true, I had bought it one year earlier in good faith, she was in good condition and I used her a lot but didn't put much wear on her and I kept her clean and tidy, when I bought it I never had is surveyed, the person I traded it in for chose not to have it surveyed lather prior to completing the deal. He claims I told him it was worth 12.5k but I reminded him that that's what it was for sale for, (Advertised on line) it was him that offered me 10k as part payment, I can have this verified by a friend who viewed the boat with me.
I would like to attached the draft purchase agreement that he drafted and I sent back to him signed, he did not sign this as he made some amendments and had another sent in its place. Which neither of us have signed. He is pointing to section 8 were he states he May pay £10000 for my boat. However he also wrote in his own document in section 6 and 7 everything needs to be in place prior to loading of the boat in Swansea, by the seller loading the boat and sending it to Scotland I would think he completed the deal himself and after this has been done he takes ownership of my boat. Can I have an email to send these documents to
Can you explain a bit better. Will he have grounds to take the boat back. Am i within my rights to keep the boat and demand he completes. Is the agreement he drafted worth anything. Should you see it.
I couldn't attach it so I have pasted below: As I said earlier, section 6 completion, by sending the boat is this not an action of completion, there is no point arguing after you have completed and not bothered to view your trade in after it has completed. Yes in section 8 he states my boat May be taken in part payment for the value of £10000, as this was agreed prior to transport does it have any relevance.
Draft Sale and purchase Agreement
Between: Mr Cliff Gapper director of Jester Charters Limited (08949173)and Craigard of Castlebay Ltd (SC467023)
SALE OF THE ASSETS OF JESTER CHARTERS BUSINESS
Brian Currie has agreed to pay the sum of £70,000 in consideration for all of the Business Assets of Jester Charters including fixed assets and current assets to include a boat Rodman 11.20 Cobra 111( Hin number ES-ROD ********* and all ancillary equipment, generator, electronics, etc. and all necessary safety equipment life raft, jackets, etc. (with the exception of fishing equipment) associated with the operation
With the assets Mr Gapper agrees to include the rights to use the name and the licences acquired to operate a charter fishing / diving operation. Mr Gapper will also pass to Mr Currie all such documentation as is necessary to maintain the current coding status of the boat.
Mr Gapper will be responsible for presenting the boat and all equipment in a condition ready for transportation. Mr Gapper will arrange for radar arch to be dropped and secured in a way so as not to damage any equipment and associated wiring ready for transport at Swansea Marina site. Mr Currie will provide transportation resources under the direction and control of Mr Gapper
Mr Currie will be responsible for the costs of the physical transportation, craning and re-location of the boat, assets and associated equipment from Swansea to Barra.
On completion of the purchase all equipment and assets associated with the Jester charter business will be transferred to Mr Currie
Completion will take place when the boat and all associated assets, stock, equipment, documentation, etc., are presented at the site of the boat before transportation.(anticipated 09.30 Wednesday 15 April 2015)
The agreed payment schedule for the business purchase is 100% on delivery of all assets before completion.
A boat currently in the ownership of Mr Currie may be taken as part payment to the value of £10,000. The ownership of this vessel will pass to Mr Gapper on completion as in (8) above. Mr Currie agrees to transport the vessel to Swansea and Mr, Gapper agrees to pay the sum of £450 as a contribution toward the transportation costs. This vessel will be subject to a separate sale and purchase agreement.
This agreement is subject to a legally binding contract being entered into by the parties.
The formal ‘Bill of Sale’ document to be used will be the Department of Transport Merchant Shipping Act 1995
Signed……………………………………………… for Jester Charters Limited
Signed……………………………………………….. Mr. B Currie for Craigard of Castlebay Ltd
this was never drafted, viewed, or signed. he never came up with it.