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Maritime Law: Why is a Survey Needed When Purchasing a Vessel?

By Amanda Ross on February 11, 2019
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Obtaining a survey before purchasing a vessel is always advised. Any offer to purchase a boat should always be made contingent on a satisfactory survey and in some cases a sea trial. Courts have recognized the critical role of marine surveyors in maintaining safe sea travels.

Hull Survey vs. Full Survey

The type of survey required will depend on the boat age, condition, value, and date of last survey. It may be that a hull survey is required, or a full survey to include the rig, sails and engine and the equipment on board. If the engines form a substantial part of the value of the boat, you may want to consider having a separate detailed engineer’s report. Or if there are particular technical aspects which you require verification on, make sure to instruct the surveyor on these aspects.

Seaworthiness

Surveyors can inspect the hull and equipment of the vessel, determine its seaworthiness and condition, ascertain necessary repairs, and, in some cases, act as the owner’s representative in supervising repairs. A thorough survey of the vessel, including its hull, engines, auxiliary machinery, electronics, underwater body, electrical system, and other major components is a logical and advisable precaution in any purchase of a pre-owned vessel. Any material defects discovered in the surveyor’s report can be used to negotiate a reduction of the purchase price for repairs, or requesting seller to rectify matters at his own expense prior to completion of the contract. When purchasing a new vessel, a seatrial is always recommended to ensure the seaworthiness of the vessel and proper functioning of all components.

If you should have any questions or concerns or need assistance with a survey, please feel free to contact me by email at amanda.ross@henlaw.com or by phone at 239-344-1249.

Photo of Amanda Ross Amanda Ross

Amanda focuses her defense litigation practice in the areas of premises liability, negligent security, construction litigation, and transportation. A large part of her practice involves maritime and admiralty law. Yacht and vessel owners rely on her experience with purchase and sale transactions, pre-purchase…

Amanda focuses her defense litigation practice in the areas of premises liability, negligent security, construction litigation, and transportation. A large part of her practice involves maritime and admiralty law. Yacht and vessel owners rely on her experience with purchase and sale transactions, pre-purchase surveys, registration and documentation, vessel insurance and other matters to ensure compliance with state and federal laws and regulations.

Amanda has received much recognition throughout her career including being named a “Top Lawyer” by Naples Illustrated for her work in admiralty and maritime law (2019, 2021-2023); a “Rising Star” (2011, 2014-2017) and a Florida Super Lawyer (2023) by Florida Super Lawyers.

Amanda may be reached at amanda.ross@henlaw.com.

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  • Posted in:
    Intellectual Property
  • Blog:
    Southwest Florida Business and IP Blog
  • Organization:
    Henderson, Franklin, Starnes & Holt, P.A.
  • Article: View Original Source

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