Boat Brokers Legal Obligations
Boat Brokers Legal Obligations
Author
Discussion

Denis O

Original Poster:

2,141 posts

266 months

Monday 26th April 2010
quotequote all
I recently bought my first boat and used a well established broker. I had done a lot of research and as this was a personal import from the US, I made sure it was CE marked and VAT had been paid.

A chance conversation with another boat yard suggested that I should check the trailer as US trailers do not conform to EU specs. Tow hitches are 2" and not 50mm, speed ratings not on tyres, trailers not braked etc, etc. When checking I found that it was indeed on a US trailer and completely illegal to use in the EU.

A further discount from the owner, purchase of an EU spec trailer and we were good to go but it did beg the question that the broker was obviously not going to mention any of the potential pitfalls of a US trailer and would have been quite happy for me to disappear into the sunset with it.

Surely the broker has at least a duty of care if not a legal obligation to tell me of the issues with the trailer. I can then make the decision as to whether it is worth the risk. As a novice, I felt that buying from a broker would give me more protection, but maybe that's not the case. If there is no obligation on the broker there could easily be many illegal trailers being towed around Europe.

maser_spyder

6,356 posts

205 months

Monday 26th April 2010
quotequote all
Denis O said:
there could easily be many illegal trailers being towed around Europe.
There are. Easiest way to shift a boat is on a trailer, especially where shipping is concerned.

Lots of boats came over from the US when the $$ was under-valued, hence loads of non-EU spec trailers around.

Sounds like the dealer either didn't check, or was hoping you wouldn't notice.

As to his legal liabilities, I couldn't say, sorry!