Buyer makes an offer subject to sea trial and survey. Survey paid for by buyer. Survey and sea trial all good. Next the seller withdraws the yacht from the market for whatever reason - won the lottery - death in the family, boat sunk or ------- . Who owns the survey information? Is it the private property of the buyer?
Survey is your property. I do wonder, Is the seller going to pay you back for the survey (and other expenses,, hauling, transportation, etc) since be broke the contract? It would be his survey then to do as he wishes, But it reads like the seller screwed you.
Happened to me exact same thing, accepted offer on a 72 ft Hatt in Seattle, survey and sea trial all accepted, I drive down to hand over cheque and pick up keys etc, Lawyer says, buyer changed mind, not selling, hired marine litigation lawyer, they said they could arrest the vessel and start and action to force closure, the seller contacted me and offered a cash settlement which was not unreasonable and I decided to keep that rather than enrich the legal profession. So, do not fall head over heels in love with the deal until you tie her to the dock.
Do I own the survey to the degree that the surveyor cannot share the survey information with anyone? My two cent read on intellectual property seems to say the survey does not fit in any of the four types of intellectual property. Have fun!
The surveyor can not share it with out your permission. In my dealings, that takes a note from the person who paid for the survey to release a copy to, the then captain, me.
Sadly, there are some not so proper brokers and surveyors out there. Sadly, We can not give real legal advise. Even if there was a lawyer among us. If you feel you got screwed, you may want to consider a real attorney. Please keep us up on what the results are if you do. Good cheer and good luck.
once again, correct. The survey is yours and the surveyor is not allowed to give it to anyone without your consent, but even your own broker If the seller decides to break the contract, you are entitled to compensation for the costs incurred incl survey, haul out, travel expenses etc
I have surveyed at least 2 boats that I rejected. The brokers offered to buy the surveys for half price and I was happy to sell. ($0.50 on the dollar except for the yard fees)
