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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10087
Experience:  30 years as a practising solicitor.
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I live in the western Isles of Scotland and travelled to Swansea

Customer Question

I live in the western Isles of Scotland and travelled to Swansea to view a boat at a cost of £70000. After viewing the boat I agreed a price of £60000 cash and my personal boat that was currently up for sale at £12500 for the remaining £10000, a deal was agreed and witnessed by someone I had looking at the boat with me. The next week or two were busy with logistics. I arranged transport for £2000 pounds for my new boat to come up from Swansea and my old boat to go down. I also had the cost of shipping my boat from the Western Isles to Oban at a cost of £800. As well as this I had too meat the sellers payment schedule of all the remaining cash by 9:30am Wed prior to the boat being loaded to transport.
The new boat arrived on Thursday and I paid all costs for lifting the boats £450. I have now taken the boat up to Barra by sea at a considerable cost of fuel £300.
Now the problem begins, I have had the seller on the phone telling me that my boat had arrived and he had a surveyor check it over and it wasn't fit for Sea and was a complete wreck. This was all news to me, I had bought the boat 1 year previously in good faith as I had found it for sale previously indicating that she was very well built and sturdy by a previous survey which I don't have, but I forwarded the page to the seller. I have told him I am not accepting any liability as this would be me accepting that I knew anything, which I didn't. Myself and father had previously sailed 70 miles in open water in my old boat, and I wouldn't do that in some think I knew was unseaworthy.
The seller has offered to have his old boat picked up from Oban and sent to a new buyer, while I pay the repair cost of my old boat and then he will sell it for me for his surveyor guide of £6000 and then I would need to pay the difference od £4000 to the original asking price.
I have said I am not willing to do this, and he has now threatened legal action in his quote from an email he wrote "Finally if you are not prepared to accept the above or to pay me the final £10.000 purchase price then I will have no alternative but not to pass title of the vessel to you. I will withhold all transfer documentation, advise the authorities of my continued ownership and take legal action to restrain your access and use of the boat. "
I have told him to do what he needs to do but as far as I'm concerened he had ample opportunity to view my boat it was on the mainland in Oban for a week, he was invited to the Island to stay for 2 free nights as indicated in my add for sale to view the boat.
He is held up on the fact that I told him I thought my boat was worth £12500, to which I told him something is only worth what someone is willing to pay, and he was willing to pay £10000 for my boat in a part exchange.
We had a rough purchase agreement drafted which was sent to me, then sent to my accountant, modified, and sent back to the seller. I signed the first which was then amended and superseded by the seller by sending back a second copy to which no one has signed as by the time the seller sent it I was in transit to go and receive the boat. He is making reference to section 8 where it states he May pay £10000 for my boat, but by doing section 6 surly he has completed on the sale. Below is a copy of the draft sale agreement which is all save in my email section 8 and 6 & 7.
6. On completion of the purchase all equipment and assets associated with the Jester charter business will be transferred to Mr Currie
7. 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)
8. 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.
If the deal hadn't been complete and agreed why would the seller let the boat go on the road haulage.
Where do I stand, I would like the rest of the paperwork for the boat as it is a new business for me that the seller is stopping me from progressing.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
I take it neither of you are acting in the course of a business and you are private sellers/purchasers?
Did you make any specific representations about the condition, seaworthiness or any other aspect of your boat which are inaccurate or untrue?
Customer: replied 1 year ago.

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

Expert:  JGM replied 1 year ago.
It seems the contract is between two businesses. That means that there is question of.fact as to whether there is a claim. Is any party in breach of that is the question?
Customer: replied 1 year ago.

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.

Expert:  JGM replied 1 year ago.
Let me see the agreement. From what you say the original and amended ones were not signed by both of you but will be indicative of what was verbally agreed I presume. You can comment on this when replying.
Customer: replied 1 year ago.

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




  1. 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




  2. 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.




  3. 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




  4. 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.




  5. On completion of the purchase all equipment and assets associated with the Jester charter business will be transferred to Mr Currie




  6. 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)




  7. The agreed payment schedule for the business purchase is 100% on delivery of all assets before completion.




  8. 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.




  9. This agreement is subject to a legally binding contract being entered into by the parties.




  10. 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



Expert:  JGM replied 1 year ago.
Is there a separate sale and purchase agreement for the £10000 boat as referred to in the document you've helpfully provided?
Customer: replied 1 year ago.

this was never drafted, viewed, or signed. he never came up with it.

Expert:  JGM replied 1 year ago.
In that case there is nothing in writing about this, it is for the other party to satisfy himself as to what he was getting and as such he can't complain if he didn't do so at the time. He can't now raise this as an issue. The contract has been entered into, you were ready willing and able to hand the boat over and have done so. He is bound to complete in the absence of any specific contractual condition as to the condition of the trade in.

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