I agree with Bill. I have never seen a contract where the liability or the responsibility for occurrences on a sea trial were shouldered by the potential buyer. I would never accept this. It could be a real set-up against the potential buyer. You take the boat out, push it up to full throttle and "blewie", a new diesel engine is required. Danger Will Robinson. As Bill says, sometimes the owner is aboard, but even if he is not, the selling broker is aboard. The broker has the control over the boat and the brokerage shoulders that responsibility, but is usually "held-harmless" in the brokers agreement with the seller. In any case, you, the potential buyer, should not be involved in such an agreement. Joe Engel -----Original Message----- From: Bill Martin [mailto:Martin_WJ@prodigy.net] Sent: Tuesday, November 13, 2001 1:19 PM To: trawler-world-list@samurai.com; bailey@cape.com Subject: Re: TWL: offer/survey contract >"This sale of this vessel is subject to:" I'd say satisfactory survey, satisfactory sea trial, subject to loan approval (if you need a loan for it) and new insurance in place. This gives you an out if it turns out that the boat can't be insured even though you liked the survey for example. Also keeps you from being forced to close on it before insurance is in place. >Also the contract clearly states that if we do a sea trial the boat is >under our risk and expense for the duration of the sea trail and we >will monetarily assume all risk and expense... So if the boat sinks or >something does that mean it's mine? Within my limited experience I've never heard of this. Of course the boats I've sea trialed have had the owner on board as captain so it wasn't an issue. I'd personally not take full financial responsibility for a boat that I don't even have insurance coverage on. What you're describing may be common place in your area though. I'd be very wary and probably refuse it myself. Good luck.... Bill Martin Telegraph Hill

When I was a broker the office insisted that the owner of the boat hire a professional captain to do the sea trial, not the owner. And all liability was on the owner for safety as well as damage. The owner should pay everything and if you are going to do an extensive trip, then the boat should be chartered with the proper insurances, thus it is not a "sea trial". That was 15 years ago, but I recently sea trialed two boats and in each case the boat was operated by a Captain chosen by the owner/broker and in one the owner came and the other no owner. All liability was on the owner. I paid the surveyors only. Skooch 42 Hatteras LRC Worton Creek, MD David Stahl ************************************************************** Kennett Internet Services, 112 S. Union Street, Kennett Square, PA 19348 610-444-9008 Visit our web site at http://www.kennett.net