Sea Trial vs. Escrow

danw22

Recruit
Joined
Feb 26, 2002
Messages
2
I went to look at a 2000 Four Winns 248 Vista this weekend. The boat is still in winter storage in its Lake Michigan Harbor. Since a sea trial/survey is not available for a month or so, he said the owner was willing to set up an Escrow account that would be used to fix any unforeseen problems. Have any of you had any experience with this kind of deal? <br /><br />Dan
 

62_Kiwi

Lieutenant Junior Grade
Joined
Jan 20, 2002
Messages
1,159
Re: Sea Trial vs. Escrow

Dan<br />I've had some experience with Escrow agreements in the computer software industry. In that case, it's an agreement between the software developer and their client that if anything should go wrong with the developer or their ability to provide adequate service to the client - then the client gets given a copy of the source code, so they can use another developer to continue development.<br /><br />It is essentially a legal contract between the two parties that is controlled by a third party - the Escrow agent (usually a lawyer).<br /><br />In the case of a boat purchase, I imagine that you have a third party (lawyer?) holding a certain amount of cash in trust - so that if anything goes wrong with the boat within a certain timeframe, it gets paid for out of the trust fund. After the timeframe is over, the amount remaining in trust gets handed over to the seller.<br /><br />The effectiveness of the Escrow is totally reliant on A) the content of the legal contract B) the quality of the Escrow agent (does he/she understand the issues impartially?) C) the enforcability of the contract. D) perhaps most importantly, the integrity of the people involved. All the usual issues regarding a legal contract - ie get a good lawyer (but expensive!).<br /><br />Hope this helps...
 

wyattm

Seaman Apprentice
Joined
Feb 24, 2002
Messages
46
Re: Sea Trial vs. Escrow

I will toss my two cents worth in. Unless the seller has a lot of people looking at this boat, the escrow is not going be worth the lawyer fees you have to spent to set it up. What is the chance the boat will be sold in a month? I would wait and do a test ride and survey. And then I would want a something in writing that if the engine falls a part the seller will pay part of the cost. Happy boating.
 

rogerwa

Commander
Joined
Nov 29, 2000
Messages
2,339
Re: Sea Trial vs. Escrow

If you do an escrow, make you are very specific about the items covered. Think of it as an extended warranty on a car. If you don't look at the language carefully enough they can be useless.<br /><br />You don't want to be in the situation of arguing whether something should be covered or not. Also, what is the period of the escrow account covering? Initial trial? 30 days after launch?<br /><br />Just some things I would think about..
 
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