Who pays for commissionong??

[Lola45]

Knowing that with a boat sale everything is negotiable, would you think that the buyer or the seller is usually the one that is responsible for commissioning the boat for sea trial and to continue the survey? With as much of the survey done as can be done with the boat on stands the boat then needs to be commissioned, launched, sea trialed and running gear and electronics evaluated. I would expect that the buyer would cover the sea trial and launch but who typically would cover the stepping of the masts and reconnecting the electronics? Thanks.

[moctrams]

I think it would depend if the person is serious, or "just kicking the tires". If serious, I would negotiate.

[Jeff and Sarah]

I had a verbal agreement on a CD 36 years back which ultimately fell through before the survey (I wanted to close on the boat in October but the seller wanted to wait until June the next summer). When we were negotiating the specifics I asked him to launch and commission the boat for the sea trial and I would agree to pay all the associated costs- including the rehaul- if I did not buy the boat for any reason. If the sale went through, he covered the costs. I thought that was a fair deal. Anyway, not being able to agree on a closing date, we never made it that far. I still think it seems reasonable though.

[Sea Hunt Video]

As stated, all things are negotiable.

That said, generally, from my experience with looking at Cape Dory sailboats and reviewing articles on various websites, if things reach the point of a sea trial, etc., it is the seller's obligation to make the sailboat available at a reasonable place and time for a marine survey, inspection, etc. Arguably, that means having the sailboat in the water, mast up, sails on, in order to conduct a proper sea trial.

Of course, as suggested, the cost of commissioning can be negotiated. However, at some point the sailboat has to go in the water, regardless of who is footing the bill for the commissioning. If the seller is committed to selling it would seem he would be paying the costs of commissioning for a SERIOUS prospective buyer, that is, someone who has signed a contract for purchase, agreed on a price (subject to survey, etc.), hired a surveyor, etc. If a seller is not willing to pay commissioning costs, this would be (should be ) a caution flag.

[David Morton]

When I bought my CD31 she was already afloat, however, I did pay to have her hauled and surveyed both in and out of the water prior to final sale. So, of course everything is negotiable, especially as the checkbook is opened, but it would not be unreasonable to expect to have to pay for the commissioning as part of the sale.
Good luck!

David

[Sea Hunt Video]

David:

Sorry. My post was not clear. Yes, the prospective buyer pays for haul out, survey, sea trial, etc. These costs are not the responsibility of the seller. From my experience and from reading a lot of websites on buying and selling sailboats, it is my understanding that the seller's only obligation is to make his sailboat available for haul out, survey, sea trial, etc. at a reasonable place and time. To me this would mean it must be in the water at some point in order to conduct a proper sea trial. Commissioning and launching should be the seller's expense.

If it is the prospective buyer's expense then the first "serious" buyer (who has signed a contract subject to survey, sea trial, etc.) ends of paying the commissioning/launching costs. If some hull issue or engine issue, etc., is found during the survey and the seller and "serious" buyer are not able to come to a "financial adjustment" to account for the issue, then the serious buyer walks away not only having spent money on his marine survey and his sea trial but also on the commissioning. The seller now has his commissioned sailboat in the water at the expense of a "serious" buyer. To me that does not seem fair.

Of course, as you say, once the checkbook comes out all things are negotiable.

[Carl Thunberg]

We all know the difference between right and wrong. Let your moral compass guide you. If it feels like you're trying to get something for nothing, don't do it. If it feels like the other party is trying to shift their costs onto you, push back. If it feels like you both have skin in the game, it's probably right. Don't even start the conversation if you're not serious.

[David Morton]

Let your moral compass guide you.

Good advice. The selling price of my CD25d was so good that I felt the cost of re-commissioning was built into the sale, so I didn't raise an eyebrow at paying for bottom paint, impeller, fuel filter, launch fee, etc. There are clearly no hard rules.

David

[DAVIDPERRY]

Doug, you are correct in that everything is negotiable. Who pays for what may depend on what your plans for the boat are if the sale does not take place. for instance, you may desire that the boat remains in on - land storage. In this case you could launch, rig and commission the vessel at your cost, and request that the buyer re-imburse you for those costs, plus pay the costs of returning her to storage, if they choose not to complete the sale. If your intention is to sail the boat next season if she doesn't sell, you could release the buyer from the latter obligations, and this may give the buyer a better comfort level.

[Maine_Buzzard]

Commissioning for trial is a different matter to me-

Running the engine and ensuring the electricals work is certainly possible, and a buyer can pay for a launch without paint and stepping the mast. If the engine requires spring prep, and it's before launch season, the buyer should pay for engine prep.

If the buyer wants to see how the boat handles under sail, they should wait until the boat is rigged and tuned before sailing. It's two or three outings until I have things tuned after the boat hits the water.



If the buyer is uncertain about whether the boat is the right type for them from a sail handling, size, or performance standpoint, they are in a poor position to push launch costs to the seller.

When buying through a seller's broker, expect that any immediate repairs (running lights, engine prep, chasing water leaks, etc.) will be performed and billed to the buyer unless they decline the services beforehand.

[Neil Gordon]

If the buyer is uncertain about whether the boat is the right type for them from a sail handling, size, or performance standpoint, they are in a poor position to push launch costs to the seller.

"Subject to survey" is not intended as a test drive to see if you like the boat, but rather as an inspection of the boat and its systems. I'd be happy to have a conversation with a prospective buyer about intended use and the like, but I'd not be inclined to provide expensive boat rides to tire kickers.

One solution when a boat is on the hard is to survey in place, put a big slug of the purchase price in escrow, and settle up post-purchase and post-launch.