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Problem with Marine Surveyor

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ptralaska

Junior Member
What is the name of your state? CA

I am posting this for my brother who lives in CA. There are two issues here I would like info on.
Issue #1. Back in November my brother had a boat surveyed that he was looking at buying. The surveyor pulled the boat and did the work and then put the boat back in the water. The work was done the same day that the boat owner brought the boat to the marina. My brother paid the bill and has an invoice that says "PAID". The work described on the invoice says: Haul out and launch; Hazardous Waste disposal fee; and Wash Bottom. The surveyor knew that this was not my brother's boat-that he was having it surveyed before buying.There is no balance oweing per the invoice.
Evidently, when the boat owner came to pick the boat up 2 days later, the surveyor tried charging him 2 days storage-which he declineed to pay. Now this surveyor is trying to get the money out of my brother ($72.00) and is threatening to turn him into collections. He recently sent my brother a bill for the amount.
So, question #1 is: Is my brother liable? If so, why did he first try to collect from the boat owner?

The second part of the situation is the survey itself. They are not cheap at $350.00 but they are especially a good precaution when looking at wooden hulled boats. Anyway, since my brother paid for the survey, is it his property? The surveyor gave the boat's owner a copy of the survey-which my brother paid for. Since there was too much future needed work on the boat my brother decided not to purchase. However, anyone else interested in buying the boat would need to have it surveyed also. That would give my brother an opportunity to get some of the $$ back by telling the boat owner that he would share the survey with any potential buyer for a partial fee. It would make it less expensive for any potential buyer and easier for the owner to be able to inform any potential buyer that they aren't going to have to have the boat pulled and spend the $350. Does he have the right to give my brother's survey to the boat owner?

Thanks for any responses!!
 


seniorjudge

Senior Member
ptralaska said:
What is the name of your state? CA

I am posting this for my brother who lives in CA. There are two issues here I would like info on.
Issue #1. Back in November my brother had a boat surveyed that he was looking at buying. The surveyor pulled the boat and did the work and then put the boat back in the water. The work was done the same day that the boat owner brought the boat to the marina. My brother paid the bill and has an invoice that says "PAID". The work described on the invoice says: Haul out and launch; Hazardous Waste disposal fee; and Wash Bottom. The surveyor knew that this was not my brother's boat-that he was having it surveyed before buying.There is no balance oweing per the invoice.
Evidently, when the boat owner came to pick the boat up 2 days later, the surveyor tried charging him 2 days storage-which he declineed to pay. Now this surveyor is trying to get the money out of my brother ($72.00) and is threatening to turn him into collections. He recently sent my brother a bill for the amount.
So, question #1 is: Is my brother liable? If so, why did he first try to collect from the boat owner?

The second part of the situation is the survey itself. They are not cheap at $350.00 but they are especially a good precaution when looking at wooden hulled boats. Anyway, since my brother paid for the survey, is it his property? The surveyor gave the boat's owner a copy of the survey-which my brother paid for. Since there was too much future needed work on the boat my brother decided not to purchase. However, anyone else interested in buying the boat would need to have it surveyed also. That would give my brother an opportunity to get some of the $$ back by telling the boat owner that he would share the survey with any potential buyer for a partial fee. It would make it less expensive for any potential buyer and easier for the owner to be able to inform any potential buyer that they aren't going to have to have the boat pulled and spend the $350. Does he have the right to give my brother's survey to the boat owner?

Thanks for any responses!!
Yes, since your brother ordered the survey, he is liable for it and for the storage charges.

As far as the survey being the property of your brother: it would depend on what the contract between your brother and the surveyor said.
 

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