Is this legit to do?

[MYTraveler]

CONTENTS IN THIS REPORT BELONGS EXCLUSIVELY TO
MARINE SURVEYOR FLORIDA LLC
This Time Sensitive Document was prepared exclusively for the CLIENT. Any reproduction,
use or resale of this document by individuals other than named above or their designates is not
supported by MARINE SURVEYOR FLORIDA LLC

The statement that the contents belong "exclusively" to the surveyor is false on its face. At the very least, the client has the right to read and use those contents and therefore also has an interest in those contents. The surveyor's interest cannot be exclusive. Whatever that statement means, it doesn't mean what it says, and probably has no legally enforceable meaning.

Note that, as written, even the original named client has a right to resell the survey.

 

[psneeld]

The only "above named" is the surveyor.


It's not clear either way in my mind. He could have used the word "client" again if that's what was meant.



After a bit of research and mostly seeing references to "home inspections"...it really doesn't seem that a surveyor has a legal stance to restict a clients use of a survey...unless somehow (and it doesn't seem likely) it gets copyrighted.

 

[MYTraveler]

After a bit of research and mostly seeing references to "home inspections"...it really doesn't seem that a surveyor has a legal stance to restict a clients use of a survey...unless somehow (and it doesn't seem likely) it gets copyrighted.

If copyrighted, the surveyor's rights would be comparable to those of an author and his book, or a singer and her CD. In either case, the purchaser of the book or CD has the right to sell the book / CD (the original, not a copy).

 

[markbarendt]

If copyrighted, the surveyor's rights would be comparable to those of an author and his book, or a singer and her CD. In either case, the purchaser of the book or CD has the right to sell the book / CD (the original, not a copy).

A surveyor doesn't necessarily hold a copyright on his work. These aren't artistic works or news or a book to be sold on amazon. Surveys are technical documents.

In terms of copyright and patents and rights to royalties, I wouldn't expect the software engineers at Microsoft own the rights to any royalties on 'Word', they get paid for their time and that's it.

IMO when I have a survey done: I have commissioned the survey, I have defined it's scope, the limitations, what was surveyed, told the surveyor what boat to survey, and paid for the surveyors work.

I believe if I commission the survey I own the survey outright.

If I own the survey, I can sell the survey.

 

[IraJonesAMS]

Marine Survey

As a SAMS Surveyor for almost twenty years I've experienced the issue from my end. The Survey is the property of clients, not mine to sell. That being said I offer a substantial discount when surveying a vessel that I have done in the past.
Ira Jones SAMS AMS#1001

 

[Alaskaflyer]

The problem with using someone else`s survey: no contract between you and the surveyor. If he misses something,or otherwise messes up, you have no comeback, he owes you no responsibility. Which is why insurers and financiers( who may have a special reliance entitlement) tell you to get your own.

If you believe the broker, the OP already has the essential information. If that`s ok, proceed to survey. After seeing the boat.

Doesn’t the fine print typically limit the surveyor’s liability to his fee, at least contractually speaking? Honestly asking.

 

[jcurry]

Would you want the survey just for information or to use for finance or insurance ?
Just wondering if it would be valid or acceptable if done for somebody else.

I'm just curious, no experience with a survey.

Some surveys (mine for example) have a third party exclusion; use is restricted to the named client. Unless your name is in the survey it may not be of use to you.
James Curry SAMS AMS

 

[Flatswing]

This BS about marine surveys being somehow perpetual property of the surveyor has taken on mythical proportions. I have bought surveys, sold surveys and had respected surveyors miss significant stuff. C'mon guys/gals! I pay a surveyor top $$ for his time and written report - I own it. I can use it, sell it, share it with the broker, potential buyers or insurance Co at my discretion. I don't need the surveyors permission to do any of those things.

What the surveyors are denying in the quotations posted: is liability for omissions discovered in the future and/or by other clients. Given that it would have to be a major omission, gross negligence, provable and cost effective to litigate to make it worth while bothering to sue the surveyor anyway, this too is not really an issue.

Would very much like to hear from anyone who has been actually sued (not just threatened with litigation) for selling a survey after walking from a boat purchase.

 

[Bryant]

Survey

Last 2 surveys of mine I am pretty sure specifically prohibited it.


Here is the first sentence in my last survey....


"This Time Sensitive Document was prepared exclusively for the CLIENT. Any reproduction, use or resale of this document by individuals other than named above or their designates is not supported by MARINE SURVEYOR XXXXXXXX."


But contact with the surveyor and for a reasonable price may allow it.

I dealt with several surveyors who had this clause in the contract, so I didn't use them. This is a thing that some surveyors have because they don't want you to be able to share surveys. They want you to have to pay for another one. I don't do business that way. If I pay for a survey, it's my property, not theirs. There are plenty of surveyors that will do the work, sell it to you and give it to you as your property to do with as you choose. Would you buy a car with the stipulation that you could never sell it again?

 

[Bryant]

surveys

Personally, I would never buy a boat without having my own survey done by my surveyor.

Having said that, I just paid half price for a survey of an out of town boat in which a sale fell through. Turns out it saved me a trip to south florida to see a boat that I didn't want. Still shopping....

Exactly. I would never buy a boat without my own survey. However, being able to look at the previous survey might tell you whether you even want to look at a prospective purchase. Avoid surveyors who want to maintain ownership of a survey you paid for. It's your property. Personally, I would gladly give my last survey to a prospective buyer in order to facilitate the sale.

 

[SteveK]

I was a bit late and my current boat had an offer on it. Just in case I remained in touch with seller and got the call the deal fell through.
Since a survey, mechanical inspection, oil tests were done I asked the seller to contact the 1st buyer and offer 50% cash on the reports, which they were happy to sell.
Saved me time and well 50% of the costs.
Never occurred to me if there was a clause in the survey about reselling.
Anyway, while the previous buyer tied the boat up for about 3 weeks, my offer was made and accepted within a week.
I completed the survey recommendations and called that surveyor back to write a report for the insurance company.
Seems so Captain Obvious to me to go that route to save time and money if you happen upon a lost sale that you are interested in.

 

[firehoser75]

I cannot speak to the boat market in general or in specific areas where there could be "regional" differences. However, I can relate my recent experience with a specific make and model, on the west coast of North America.

I recently sold my Nordic Tug 37 listed by owner on only 3 forums, in 5 days. The interest was incredible. Another NT 37 owner just sold their boat by owner in 1/2 day after only listing it on the NT facebook page for full price all cash. Currently (to best of my knowledge) there is only one NT 37 for sale on the entire west coast.

If that is in anyway indicative of the market(?), I would suggest if the OP finds a boat that is in demand (that he likes), it might be a good idea to offer sight unseen, with the usual subjects to try to be "first in line". Otherwise, good boats may be sold before he can arrange otherwise?? It seems to me to be a bit crazy of a market right now. Definitely a "seller's market".

 

[Flatswing]

...
"This Time Sensitive Document was prepared exclusively for the CLIENT. Any reproduction, use or resale of this document by individuals other than named above or their designates is not supported by MARINE SURVEYOR XXXXXXXX."

At the risk of beating a dead horse, The above statement is carefully crafted but only means they don’t support the findings for the (next) buyer. Doesn’t mean it can’t be sold. As has been oft repeated, virtually every SAMS surveyor will update the original survey for the next owner for a reduced price if very recent.