Boat sales disputes
We assist both buyers and sellers in boat sales disputes with extensive experience
Disputes related to boat sales can be complex and often financially significant for both the buyer and the seller. It is not always possible to test drive a boat before the sale to verify its features and condition, which increases the likelihood of defects in the sale.
Disputes related to boat sales often involve defects that are discovered after the sale. Disputes over boat sales often arise when problems with the object of the sale become apparent or when the parties disagree on the condition of the boat or the terms of the sale. It is often the case that the seller and buyer of a boat disagree on who is responsible for a defect that becomes apparent after the sale.
If a defect is discovered in the boat after the sale, it is a defect in the object of the sale, i.e., the boat. Upon discovering the defect, the buyer should file a complaint with the seller about the defect discovered. It is advisable to file a written complaint with the seller as soon as possible after discovering the defect.
Our lawyers have decades of experience in dispute resolution
We provide professional assistance in boat sales disputes throughout Finland. With decades of expertise and experience, we help our clients achieve solutions that are in their best interests. Please contact us if you have a problem related to a boat sale. We will help you find the best possible solution.
Home insurance or boat insurance often include legal expenses insurance. Legal expenses insurance covers the costs of hiring a lawyer even if the matter is resolved through a settlement.
We also assist boat dealers in boat sales disputes. Contact us and a lawyer specializing in boat sales disputes will assess your situation.
If you or your company has a legal problem related to boat sales, please contact us
Seller's liability in boat sales
The seller has a duty to disclose information, i.e., an obligation to disclose all facts that affect or may affect the value of the boat or the buyer’s decision to purchase. The seller is obligated to provide the buyer with essential information about the condition of the boat, its maintenance history, and any defects. The seller is also liable for hidden defects.
Boat sales are subject to the Consumer Protection Act when the seller of the boat is a business, i.e., a dealership, and the buyer is a private individual, i.e., a consumer. According to the Consumer Protection Act, the condition of a boat must be assessed on the basis of its characteristics at the time of sale. The seller is liable for any defects in the boat at that time, even if the defects only become apparent later.
The Consumer Protection Act stipulates that if a defect becomes apparent within one year of the sale, it is assumed that the defect was present in the boat at the time of sale.
The buyer's liability in a boat sale
It is always a good idea for the buyer to inspect the object of the sale, in this case the boat, before making a purchase decision, if possible.
The buyer must always notify the seller of the defect within a reasonable time after discovering it or when it should have been discovered. The buyer should file a complaint as soon as possible after discovering the defect in order to avoid possible loss of rights in the future.
In the event of a boat sale being cancelled, the buyer is liable for the boat until it has been returned to the seller’s possession. As long as the boat is in the buyer’s possession, the buyer is liable for any decrease in the value of the boat resulting from the buyer’s actions.
Cancellation of the boat sale, price reduction, or boat repair?
If the buyer discovers a defect or fault in the boat after the sale, the buyer may demand that the seller either repair the defect, i.e., rectify the fault, reduce the price, or, if the defect is material, cancel the boat sale.
In connection with a complaint, the buyer of the boat has the option of demanding rectification of the defect, a price reduction, or cancellation of the sale. Rectification of the defect, i.e., repair, is often the primary measure. The buyer may demand a price reduction and cancellation of the sale, for example, if the seller has not rectified the defect, the seller has stated or it is obvious from the circumstances that the seller will not rectify the defect within a reasonable time, or the defect is so serious that it cannot be rectified.
The price reduction must be proportional to the decrease in the value of the boat due to the defect. It should be noted, however, that there is no right to cancel the boat sale if the defect is minor. The seller has the burden of proving that the defect is minor.
In terms of the division of liability, it is important whether the seller of the boat is a business, i.e. a dealership, or a private seller. The Consumer Protection Act applies when the seller is a business. In the case of a private seller, the Sale of Goods Act applies. However, the rules governing liability for defects in boat sales are relatively similar regardless of the applicable law. Liability for defects under the Consumer Protection Act is more stringent than under the Sale of Goods Act, as the Consumer Protection Act includes a one-year presumption of defect. According to this, a defect is presumed to have been present in the goods at the time of delivery if it becomes apparent within one year of the boat being delivered to the buyer.
Legal professionals with decades of experience in boat sales disputes
We have extensive experience in consumer trade disputes and problems related to boat sales. Our lawyers specializing in trade disputes assist companies and individuals in matters ranging from sales and settlement negotiations to possible legal proceedings.