Buying and Selling Jetboats

[TonyT]

I thought it would be of interest to people to post some info re buying and selling jetboats privately.
Private transactions would be the most popular form of selling and buying boats but can be full of pitfalls to the unwary.

The main thing to remember when buying a boat privately is that the onus is on you, the purchaser, to make sure the boat isn't misrepresented and is OK mechanically etc.
If, after you pay the money, you find that things aren't as they should be, as a private buyer, you have no rights.
By paying the money it is deemed that you accept the goods for what they are and accept all responsibilty for the goods from that point on.

So armed with that knowledge, here are a few recommendations as to how to handle a purchase.

Go for a test drive and take a mate with you. Make sure that they know their way around jetboats. If you don't know much about boats and don't have mates who do, then I strongly recommend using one of the jetboat vendors from on here or around the country to look at the boat and even come on a test drive.
Expect to be charged for their time. It is cheap insurance, remember, no comebacks!
Note any issues, write them down, and discuss them in your negotiations.
Once a price is agreed on, get it in writing, especially if there are any issues which need attending to  before delivery and make sure the offer includes these issues.
Agree on a delivery date.
When you go to pick up the boat, go over your list of issues and make sure they are done to your satisfaction. Examples of these may be WOF or rego on a trailer, engine service or mechanical report etc.
When you are satisfied, pay the money, demand a receipt, signed with conditions, if any, written on it.
After delivery, if something goes wrong, feel free to discuss with the previous owner but be aware that they are not legally obligated to do anything.

When selling, don't misrepresent the boat, this will ultimately backfire.
Have you ever wondered why some boats just don't sell depsite the fact that they appear good deals? Word on lemons gets around!
Be prepared to have the boat inspected. Refusing this may make the potential purchaser think you are hiding something.
Make sure the money is in the bank before allowing the new owner to take the boat away. This means waiting for cheques to clear or online deposits to show up before handing over the keys. This protects you as a seller from idiots who take the boat away and change their mind and withhold payment. Yes, this happens.
Give a receipt with all conditions, if any, written on it.
If the buyer comes back to you after the sale is completed with a problem, be very careful what you agree to. You are not obligated by any law to do anything, so beware.

The above recommendations are only my own thoughts and based on my own experiences.
Ask around, every one will have a story to tell, some good and some bad.
Obviously things are different purchasing from a dealer but be careful of 'on behalf' sales as the dealer is only a middleman and therefore not necessarily responsible for the integrity of what is being sold.

Please feel free to add your own recommendations or stories

[TonyT]

I wrote this a year ago and think it compliments what Tony737 has written so bump it up

[Kenjet]

Tony as you say if buying anything ''caveat emptor'' , an old latin phrase meaning '' let the buyer beware'' .

However these days when you buy new from a respectable seller you may get a guarantee or warranty, generally limited in duration sometimes with those nasty little exclusions that catch all of us out from time to time.   . The ''devil is in the detail '' as a friend of mine says.
If not buying for trade purposes the consumer does have rights under the Consumer Guarantees Act and various other laws eg. sale of Goods Act. There is also the Fair Trading Act often enforced by the Commerce Commission with draconian penalties if the seller is caught in deceptive or misleading behaviour eg. dodgy labelling on food products etc.
Buying secondhand is different .There is the Contractual Remedies Act for misrepresentation but this is generally for Civil Proceedings at court.

The Disputes Tribunal can come in handy where for example seller makes certain representations and they are false . If you are buying print off all the sellers sales blurb and advertising as it can be used in evidence eg.Trademe stuff because it can be traced to the seller.

Scenario : seller says in advert that boat is fitted with fully recond engine . The motor fails because it wasn't .
You track down seller's reconditioner who says he only replaced the rings .Get him to put that in writing. Get a quote to fully recon the motor . Contact the seller and write to him requesting compensation . Seller will probably say no unless gets an attack of the guilts and comes clean. As soon as the seller disputes liability you have a dispute which you can take to the Tribunal for a ruling . You can claim (I recall up to $7000 and a higher amount if both parties agree to give the Tribunal jurisdiction I think up to $10000.00 - have to check that figure again) So go along to the District Court and pick up some application forms . Fill them in with copies of your supporting evidence ie. sellers written misrepresentations and the reconditioners letters , the sellers and your quote and request compensation for the amount of the quote to put you in the position you would have been in had the representations been true ie. motor fully recond. File them back at the Tribunal and they will set a hearing date . No lawyers allowed only the parties to the dispute . You may call witnesses. Hearing is relatively informal as the referee is not a Judge but a layperson .Arguably the representations influenced your decision to purchase and you relied on them .The seller will say its your fault of course but you have to make sure your evidence is more compelling and persuasive !!
A client of mine had just such a problem with a special twincam engine . My client did his homework thoroughly and also produced independent engineers reports of the substandard workmanship that was involved and won his compensation at the hearing .
Note , even if you get a favourable Order the seller may not comply either because of lack of money or because they are who they are and probably go through life like that . Go back to the Tribunal clerk at the Court and ask them to get the bailiff to enforce the Order. That will heat things up unless they have done a runner !!

Of course the old saying '' you get what you pay for still '' has a lot of truth .
Good luck.
Cheers.