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Used boat with a hidden defect: what rights do you have as the buyer?
Short answer
Bought a used boat with a hidden defect?
Your rights as the buyer survive a private sale "sold as seen" if the seller misdescribed the boat
or lied about it,
and buying from a dealer gives you more.
Proving it is usually down to you.
A used boat with a hidden defect often shows itself only after the sale: wet laminate, an engine that starts losing oil, an old collision repair under fresh paint. Private sales of boats in the UK are usually "sold as seen", and in a private sale the seller does not promise that the boat is of satisfactory quality. That does not leave you without rights as the buyer. The boat must still match its description, and a seller who misrepresents it, for example by denying a known problem when you ask, can be liable for misrepresentation.
Buying from a dealer gives you more. Under the Consumer Rights Act 2015 a boat sold by a trader must be of satisfactory quality, fit for purpose and as described, allowing for its age and price. You have a short term right to reject within 30 days, and if a fault appears within six months it is generally presumed to have been there at delivery. In a private sale the burden is on you: you have to show what the seller said or knew. Old yard invoices, earlier adverts, messages from the seller and a survey report all help.
Photograph the defect at once and have it assessed by a surveyor before anything is repaired. Write to the seller, set out what you found and take legal advice on whether to claim damages or try to undo the sale. A defect the boat already had when you bought it is not a sudden event, so do not expect hull cover to deal with it. Legal expenses cover helps only if it includes contract disputes and was already in place at the time of the purchase.
Worth remembering
Private sale
sold as seen, but as described
Dealer
Consumer Rights Act 2015 applies
Survey first, repair second.
Questions
What owners ask us about this
Does sold as seen protect a seller who hid a defect?
Not if the seller misdescribed the boat or lied when asked. The boat must still match its description.
What do I have to prove as the buyer?
In a private sale, usually what the seller said or knew. Old invoices, adverts, messages and a survey report help.
Is it different if I bought from a dealer?
Yes. Under the Consumer Rights Act 2015 the boat must be of satisfactory quality, and a fault within six months is generally presumed to have been there at delivery.
Related
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