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Junior Member
What is the name of your state?What is the name of your state? TN

Have a question regarding a sale of a old as is used boat that was listed with a broker.
The parties negotiated a sales price subject too the buyers successful survey. The survey was a lenghtly and highly detailed, they rated it in good condition. This also meet the buyers insurance requirements. As with anything, after the survey there were a few things that the buyer requested the sellers to fix. The sellers agreed to fix these minor things and agreed to a small price reduction to appease the buyer. Both parties signed a one page agreement.

After the sale about 4 months later, the buyer contends there was a alleged addendum that contained a warranty. This warranty was never signed/dated or reference the front page of the agreement. This warranty was a thought up typed document printed on copy paper. Neither party got this alleged addendum that contained a warranty at close.

Although the broker admits that there was written and verbal communication between the buyer and himself that the buyer wanted this warranty in the agreement during the negotiation phase. The sellers were never aware of this warranty nor would they have ever enter into an agreement warranting a old used boat.

The broker also admits that the sellers wanted this sale to be strictly an as is sale and that the Broker communicated this by letter and phone to the buyer. The sellers have documents supporting that issue along with a last email commuication stating the as is nature of the agreement the day before they signed. There are no documents stating that the sellers approved or were aware of any warranty.

The face of the one page agreement the parties both signed did not state the words as is or warranty. But did have the word addendum. Although no parties recieved this addendum. The sellers were lead to believe, that the amended language to the agreement was the language in stated in the very last email the day before they signed the agreement, stating the as is nature, the small repairs to be fixed along with the price reduction.

After a months have passed and even though the buyer did not have this warranty in possession, the buyer now wants the alleged warranty to be part of the contract and wants to use it to rescind the agreement.

The sellers have been told they are stuck because of agency status?
But doesn't the brokers agency status for the seller support their side?
Is there a law that states all used boats are sold as is?
The buyer did have a successful survey.
Would contract or maritime law involving boatsales apply in this situation?
What are the requirements for an addendum to be part of the orginal contract and enforceable?

I know, we are going to hear it on this one...read everything before you sign.

Any advice good or bad will be helpful.

Annie 5

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