Are the stands mine?

[Doodie99]

I agree. You did not buy the stands. Now you may at this point choose to do so.

Oddly, we have encountered similar as a merchant with people who buy collectibles and antiques displayed on stands or tables. We spell it out clearly in the store and on the sales invoice. The point is that you buy an antique bowl sitting on a table, you don't expect the table to come with it. Oh, and all antiques are sold "as is".

I would be most curious what the seller has as far as plans for the stands.

To be honest i think the guy wanted more money than i paid for the boat and I think its his way of a shake down. Well I hope he likes his 30 year old rusty stands because I would have let them go if i was selling.

 

[FF]

Before stands folks used blocking , if its a real fixer up the boat may be out for a year or more , blocks frequently are more stable than stands .

 

[Frosty]

That said....
if the boat was a small boat sitting on a trailer, what would the assumption be?

Maybe not in all states, but in most that I know of a trailer would have a registration (usually in the seller's name) so I would think it's not often "missed" in the purchase agreement. It's also purpose fit for the boat its under, generally. Stands are generic.

On the Great Lakes many boatyards use cradles (and not stands) and those usually do go with the boat. They belong to the boat owner, are customized for the particular boat, and tend to have the owners' or boat name painted on them.

In places that use stands (that I've been) they tend to belong to the yard, maybe except for places like Maine where people often have their boat delivered to their backyard for the winter. Then I imagine they own the stands.

So my thought is that unless you specifically listed them as going to you in your sales contract, the default would be that they don't go with the boat. So they stay at the yard along with the blocking under the keel.

As mentioned above, "as-is" usually means "in the condition it's in" and "where is" means we're not moving it for you. Doesn't mean you get the stands or the land the boat sits on.

Of course anything can be written into a contract if mutually agreeable; but we're talking about "what if nothing was mentioned about the stands on the contract? Then what?"

 

[jleonard]

When I bought my first marina boat (25 Chris Craft) it was in a yacht club and it came with the 4 stands and 2 fabricated keel blocks. It was part of the deal as the owner was getting out of boating.
I used them for one winter at my house, then tripped over them in my barn for the next 9 or 10 years until I sold them for $25 apiece.

In my opinion in the OP's case the stands are NOT part of the deal.

 

[rwidman]

Well I got a full mixed bag of answers. It sounds like it really depends on where you store it and what was agreed upon.
Since there was not a set agreement I guess I don't have much argument.
Fortunately my dad knows many people and called in a few favors so i will have significantly newer stands now.

You know, I bought a set of four stands for my boat for a bit over $100 each. That's $400 for the set. How is this such a big deal?

 

[OldDan1943]

I suspect the guy just wants to make a few extra bucks. Offer him $100

 

[tiltrider1]

I have seen these things go both ways. A boat was advertised “as is where is”. The boat had a dingy hanging off the back. The dingy was titled. The buyer assumed the dingy was part of the deal. The seller claimed it was not part of the deal. The dingy was never listed in any way but the marketing pictures all included pictures of the boat with the dingy hanging off the back. In the end the court ruled that since anchors and fenders were also not listed but witnesses assumed they were part of the deal then all things nautical were part of the deal and the dingy was nautical.

Before you jump on that band wagon. I saw a similar case were the listing spelled out most the items that did and did not go with the boat. The dingy was not listed as being or not being part of the deal. The court ruled that since there was such a detailed listing of what did and did not go and since the dingy was titled it clearly had no part of the transaction.

Until legal counsel reviews the paper work and marketing material it is impossible to clearly state weather the Jack stands should or should not be part of the deal.

Funny thing, while the buyer in the second case lost, he had possession of the dingy and filed a sheriff’s lien for back storage. The seller gave up at this point as the dingy was worth about $5,000 and buyer had already invested $15,000 in fighting over a $5,000 dink.

 

[mvweebles]

I suspect the guy just wants to make a few extra bucks. Offer him $100

Guessing there was a point in your boating career where you would have paid much more for just an extra jackstand...... (recalling the demise of your N46 due to a removed stand )

Peter

 

[CharlieO.]

No

 

[OldDan1943]

Guessing there was a point in your boating career where you would have paid much more for just an extra jackstand...... (recalling the demise of your N46 due to a removed stand )

Peter

The yard guy thought he could move a jack before putting it in a different place.
I have since learned at least one more boat fell over. Will he never learn?

 

[kthoennes]

You know, I bought a set of four stands for my boat for a bit over $100 each. That's $400 for the set. How is this such a big deal?

Oh, I don't think the OP necessarily intended to make it a big deal, I think this is just one of those threads that happened to attract a lot of responses and opinions. We bought a boat once where we filled two small dumpsters with "stuff" left behind by the previous owner, including some underwear (lingerie) left by a previous wife or...whatever. Discussions of what comes with a boat and what doesn't can sometimes be very -- interesting.

 

[Doodie99]

The boat I bought was laid up since 2003 on the stands and if all goes well I think I can bring it back from its hibernation. I did pay more than many told me it was worth so I didn't want extra costs buying stands but if I buy some I will buy newer with less rust. I'm sure he plans to sell them but not to me.

 

[Shrew]

As stated, if it's not attached to the boat, and not specifically itemized it's not part of the sale. The only time I usually see exclusions is for a Dinghy or a trailer. The stands the boat is sitting on is usually owned by the marina. If not, I'd expect them to be notated as included in the P&S.

We can't assume the trailer, dunnage, the stands or the land the boat is sitting on is included in the sale of the boat.

 

[Doodie99]

You know, I bought a set of four stands for my boat for a bit over $100 each. That's $400 for the set. How is this such a big deal?

In the grand scheme of things the stands are cheap. If the guy was an active boater and planned on buying a different boat I would not think much about it but he has not been active for 18 years. I don't want to create waves by making a big deal with the previous owner about the stands so I am buying newer stands and moving on. I wouldn't pay more than $25 each for the rusty stands it currently on.

 

[ghost]

Assumptions are the enemy of agreements.

 

[Doodie99]

Assumptions are the enemy of agreements.

You are correct... my dad has been at the yacht club for 40 years and he has never seen a boat sold there that didn't include the stands but it was my bad to assume they were included.

 

[firehoser75]

Assumptions are the enemy of agreements.

Yup, it's all in the details......... and to avoid problems, often the more detailed the better

 

[OldDan1943]

Next he will want his clothes back and his wife will want her granny panties back too.

 

[Shrew]

You are correct... my dad has been at the yacht club for 40 years and he has never seen a boat sold there that didn't include the stands but it was my bad to assume they were included.

That is a weird pattern. I've spent many years at dockominiums where the marina doesn't provide stands. Everyone owned their own stands. The only time stands would be offered would be if the boater where getting out of boating. People who own them usually take them with them.

Maybe the yachtclub has/had an aging membership where the 'next adventure' was the porch, solarium, or grave.

 

[FIRE]

I literally just sold my trailered boat this past weekend. And offered the 4 Brownell stands I had as an additional item for sale. Not exactly the same scenario but my opinion is they are NOT part of the deal. Offer him $100....New they are about $130/each.

 

[bill.kimbell]

I have never seen jackstands included w boat sale

You are correct... my dad has been at the yacht club for 40 years and he has never seen a boat sold there that didn't include the stands but it was my bad to assume they were included.

And I have never seen stands included in sale of a yacht. Local practice, perhaps.

 

[adornato]

I think I missed something. How much are we talking about here in US dollars? makes a big difference

 

[Bonedoc]

I have a set of stands for each boat and would not expect them to be “included” unless I wanted to get rid of them.
I would not expect stands to be included in a bost sale here in NY unless specified.

Used boat stands maybe $50-100 each? New ones $175.

 

[lady sue]

Free legal advice

My goodness! If you bought a boat that has been sitting on stands for 18 years, you shouldn't be worried about the stands as a way to save a few bucks.
Jim Ferry

 

[Trawler Searcher]

I wonder if these stand could be replace & used again.

!8 year under this boat but really, get some new stands for your new to you boat.
Got to be some Karma going on here some where

 

[Shrew]

I think the more logical approach here would be to discuss the ownership of the stands at the time of purchase. As they are not listed as inventory, nor are they physically attached to the vessel. The stands are most commonly owned by the marina, and occasionally owned by the vessel owner.

To assume they are part of the purchase absent discussion and absent itemization in the purchase and sale, would be a problem.

Incidentally, the phrase "Possession is 9/10th of the law" simply means that 90% of the laws written are pertaining to concepts around possession. Misinterpreting this saying to mean that "He who is in possession is 9/10th's right" is.....well, operating on an unfortunate set of assumptions.

 

[BandB]

I think the more logical approach here would be to discuss the ownership of the stands at the time of purchase. As they are not listed as inventory, nor are they physically attached to the vessel. The stands are most commonly owned by the marina, and occasionally owned by the vessel owner.

To assume they are part of the purchase absent discussion and absent itemization in the purchase and sale, would be a problem.

Incidentally, the phrase "Possession is 9/10th of the law" simply means that 90% of the laws written are pertaining to concepts around possession. Misinterpreting this saying to mean that "He who is in possession is 9/10th's right" is.....well, operating on an unfortunate set of assumptions.

Fortunately the posts advising the OP to just steal the stands have been removed.

I believe the OP wanted a response and it's been made clear that most don't consider the stands to be automatically part of the sale and the seller didn't. Absent an agreement that says they go with the boat, they don't. I'm sure the OP can do fine either making a deal with the seller or getting more stands on his own if needed.

That 9/10th's of the law claim has been refuted so many times. It should be our supportive role here to give good advice, not likely to lead to trouble and definitely not to give advice that might lead to legal problems. In those cases we advise to see an attorney. However, this is a relatively minor issue brought up by the OP and I think he'll heed the opinions given.

I remember as a child my first time in a restaurant that priced their menu ala carte. I was shocked that the price of the steak didn't include the baked potato. I guess a $30 steak and a $7 potato doesn't sound as bad as a $37 steak. Just look at how airlines pricing has changed. You pay for your luggage now and anything else you want.

Well, I sort of wish our restaurant tonight had priced by item. Surely anything would have sounded better than the total.

 

[Sailor of Fortune]

I think those three sentences probably would have been exactly the next words from my mouth.

That said....
if the boat was a small boat sitting on a trailer, what would the assumption be?

You would have got a bill of sale or title for the trailer...Very different

 

[Scooby5959]

I never saw the big deal about the stands ,when you go to move the boat throw the stands in your truck. if he doesn’t like it he can send you a certified letter and a Summons to small claims court ,I wouldn’t spend one minute worrying about it ,that’s what I said to begin with that’s where I stand “pun intended”

 

[Scooby5959]

Oh by the way this isn’t the first time that all of you were wrong and I’m right I’m always right. I sold a 38 foot aft cabin boat last year .It was sitting on stands on my property the stands went with the boat he bought the boat sitting on the stands he was going to need the stands to finish the work that I didn’t finish .what’s wrong with you people .Lighten up take a chill pill ,nothing i can’t stand more being lectured to buy a crowd who thinks you are to change the oil in your two-stroke outboard every hundred hours