Stories cost hidden defects sailing boat

Questioner

I bought a sailboat on January 29, 2016 and now it turns out that there is a hidden defect. Can I recover the costs from the seller?

Lawyer

That really depends on the situation and in particular the age of the boat, whether you had an inspection carried out, whether you asked specific questions and whether the seller informed you properly about the characteristics of the boat, or the lack thereof, that he should have known and should have told you before the purchase. Also of importance is whether it is a private-private sale. In some cases, an appeal can be made on non-conformity or error.

Questioner

It concerns a cabin sailboat from 1976. A Najad 34 AK. Swedish product known for its high quality. It concerns a private transaction but via a brokerage. There has been no inspection by an expert. The previous German owners have hardly sailed with the boat in the last 5 years.

Lawyer

But what exactly is wrong with the sailboat, the defect; should the sellers have known about it according to you? You also state that they have hardly sailed. I wonder why that is and/or whether that is possibly related to the defect?

Questioner

It concerns a cabin sailboat from 1976. A Najad 34 AK. Swedish product known for its high quality. It concerns a private transaction but via a brokerage. There has been no inspection by an expert. The previous German owners have hardly sailed with the boat in the last 5 years.

Lawyer

The purchase of a second-hand item is protected by legal rules but must be seen in the light of quality versus durability and price, and the relationship between private individual and private individual also matters. The rule you mention actually only applies between professional seller and private buyer. (six months reversed rule of proof). But that does not alter the fact that no appeal can be made to non-conformity or mutual error.