Under contract - 2003 Neptunus 56 w/ cat 3406e - top speed/rpm issue

So the boat wasn't even hauled for the survey and seatrial?????? Who did you use for engine and hull surveys? IF so, what did they tell you???

Agh...''blank ''me ! ,lol always learn something new here I'll stick to my non- computerize , no gizmos, mechanical, reliable DD 471s. They are hard enough for me to learn and figure out don't need anything new to try and conquer. I do not want any electronic marine diesel or gas motors. I like old , generally . Even my better half has a few years on me!
That's ok, I'll tell my self...''Hey Cleanslate....,stay in your lane!''

Meh, no lanes. I love the old mechanicals myself. They love me, too. They give me gifts of oil and smoke with extreme generosity. You can tell they care.

But they never quit.

Oil? That’s Detroit sweat!
It’s their way of letting you know they’re working hard for you!
It’s good to see them sweat a bit.

Smoke? That’s just “Gazz” we all get a little “ Gazzy” when we get old.

Sweat beats rust every time.

Should be the case, but someone will buy their excuses and alibis and take it. Or after several failed surveys they may wake up.

I suspect instead of "Rebuild so I'll be set of years" this was a "I want you to do the least you can get by with so I can sell it."

Don't lose sleep. Any seller or broker behaving like that knows something that they don't want to share. Under contract and during your due diligence period you have every right to this information. If it isn't forthcoming upon request, it's because they don't want to share it for fear you'll discover that the rebuild was performed under a shade tree or that it suffered problems during the rebuild sea trial. Any honest documentation would be readily shared, transparent.

Fun part, the broker now has the obligation to share the performance question relative to known potential defects given the failure of a contract with respect to the mechanicals. Any chance that gets shared going forward?

Do they have an obligation? I don’t think so. I’ve never heard a selling broker disclose issues like this. Maybe they say a water maker is defunct to prevent it from being challenged in the survey.

I wish they had a legal obligation to do so, but, unfortunately, they don't. As to moral obligation, the seller is their client. They would need permission from the client, but they always have the right to dump the client. It's still caveat emptor.