How to buy a boat … properly, that is.
Well, we have been put through the inevitable bureaucratic
wringer so far. This has been quite a
process, and there have been a couple of times where I’ve actually had the
chance to sit back and think things like ‘ am I absolutely sure this is what I want?” and ‘oh man, why is this so difficult?”.
All told, when we are done and are out practicing figure ‘8’s
and how to back into a slip, it will not seem as though it was such a big deal,
but right now it seems that we’re in the middle of a Federal law case or
something.
So, here’s how to buy a boat ‘properly’ J
First step, as
described in the previous post, is to find a boat … then find THE boat. We did that. Now, there are a couple of ways to go from here; one is to have all the cash on hand, throw it on the table and take the entire risk yourself. Trust is a great thing, friendly relations are awesome and rolling the dice is thrilling. BUT, we’re not really willing to go down the ‘rolling the dice’ road at this particular price point (think ‘buying a home’) and we decided that we would proceed with all due diligence and enlist as much support as necessary in order to quell any uneasiness about a transaction of this importance.
The boat is owned by an individual, held in an LLC and brokered by a different company. Robin and I were comfortable with the way the vessel was represented, shown and advertised. It met or exceeded our expectations and is in great condition. Yes, we have an emotional attachment as well and yes, there will be some cleaning, sanding, painting and fixing up of the little things that come with a 15 year old boat, but all in all she’s in great shape and has been well cared for. Everything seems to be in order and nothing raised red flags for us. We’re pretty much set to go.
So, where to begin? We don’t have a broker representing our side so
we simply made an email offer and received an email counter-offer which we
accepted. Then, we had to fill out a contract (gulp). This is where the discussions and dreams and
planning and hopes and future-thinking all turn into a whole new paradigm: a commitment. Now, I work for the Government and am pretty
familiar with contract language. Nothing I saw caused me any concerns so I
filled it out and was ready to go. BUT … there’s a 24 hour rule in my book
regarding anything major like this (heck, this big of a purchase needs a 72
hour rule!). While I was discussing it all at work, a coworker suggested that I
have a lawyer take a look at the contract, just to put my mind at ease. I need to make sure that
there aren’t any clauses or loopholes which might cause me to somehow lose my
deposit if this all does fall through for any reason. I shopped the internet for local attorneys
versed in maritime law and brokerage transactions and called the office. A couple of days (and many hundreds of
dollars) later, I had a revised contract which did indeed offer me more
protections and spell out quite a few of the details I would have
overlooked. It was a good call.
We insured (legally) such things
as no liens against the title, and protections from any liens later on, and established who’s going
to assume risk on the sea-trial sailing and on the delivery sailing and things
right down to who keeps the big picture on the wall. I’m happy with the knowledge I gained and
that the attorney was very expert in the process. I'll never know if it was necessary or worth it, but minimizing risk is never a bad thing. The seller was completely open to involving the attorney, and that in itself is a good sign.
OK, we sign the contract and mail it
to the brokerage. The deposit check gets
held in escrow until closing when it’ll be applied toward the down
payment. Any expenses that WE order
against the boat (like if we ask for it to be moved, hauled out of the water
for inspection, painted or the likes) can come out of the deposit. Next, we order a “Survey”.
We’ve hired a gentleman from Florida
who is an expert in the brand name and model to come up and thoroughly inspect
the boat both in the water and out of the water in a sling. He will go from end
to end and top to bottom (even up in the rigging) to inspect every available
aspect of the boat. His report will tell us if the boat is ready to sail, what
might need to be fixed in order to make it seaworthy (if it’s not), what might
need to be fixed to make it perfect if it’s not, satisfy the insurance company
that it’s a seaworthy boat and satisfy the finance company that it is worth
what they are going to insure it for. That’s a tall order, and we’ll be happy to pay
the fee and travel expenses to hire the best we can find.
Once the survey and sea trial are
done comes the big moment … do we, or do we not accept the boat as-is for the
price asked. We can decide to ask the
owner to fix anything that isn’t right, make a price adjustment if something
needs to be fixed and we are willing to do it ourselves, accept the boat just
as it is offered, or reject the boat and walk away. All on the basis if the
surveyor’s written report. I’ll go on
record now that unless there is a significant problem discovered, we will
likely accept the boat as-is and be happy to move toward closing.
After acceptance, we just have to
make ready to go to closing. We’ll need to secure and bring the insurance coverage and the
money; whether in cash or from the bank (in our case it will be a combination
of both). The actual closing can be
conducted in person, or via scans, emails and overnighted documents. Once the closing is done, we (actually the
bank) will receive title and we’ll be the new owners!
Next we will register the boat at its home port and document the boat with the
Coast Guard.
From there, we will move the boat
from Rhode Island to our local marina in Deale, MD (about a 36 hour sail) and begin
the process of moving out of the RV and onto the boat … downsizing again!! Just as before, things will be sold, donated
or disposed of according to the mandates of the new space and the new
lifestyle.
Finally, we wait for the weather
to warm up just a bit. We’ll be
practicing and learning as much as we can before we take to the open water.
When the forecast says go … we’re gone!