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Re: Boat Owner Partners- Good, bad, or ugly? [Re: Chris9] #91180
12/07/06 09:41 AM
12/07/06 09:41 AM
Joined: Jun 2001
Posts: 12,310
South Carolina
Jake Offline
Carpal Tunnel
Jake  Offline
Carpal Tunnel

Joined: Jun 2001
Posts: 12,310
South Carolina
If the trap let go, you're not going to fall into the boom are you?

Ok...so the one remaining person on the boat might...but still. I think it would be fair to assume that in the case of a failure like that that would lead to an additional breakage, the person sailing the boat should take the responsibility for accepting the condition of things like trap lines. If it breaks and results in some other breakage, he/she is responsible for accepting the condition of the trap wire before pushing off the shore for that sail.

I can see how this could all go terribly wrong and that the complications will grow exponentially with the value and/or complication of the boat. However, it can be done with some simple rules put in place.

The worst situation I would think to have to deal with is when the partner agrees he needs to replace something (say the boom) but doesn't take care of it in a timely manner.


Jake Kohl
-- Have You Seen This? --
Re: Boat Owner Partners- Good, bad, or ugly? [Re: Jake] #91181
12/07/06 09:59 AM
12/07/06 09:59 AM
Joined: Jun 2003
Posts: 887
Crofton, MD
Chris9 Offline
old hand
Chris9  Offline
old hand

Joined: Jun 2003
Posts: 887
Crofton, MD
No, but the crew might. Might get stuck in the mudd, maybe snap the mast, break battens . . .

Quote
the person sailing the boat should take the responsibility for accepting the condition of things like trap lines. If it breaks and results in some other breakage, he/she is responsible for accepting the condition of the trap wire before pushing off the shore for that sail.


I have no problem with that, it is a fine conclusion. As long as "we" agreed to that approach in the past, wrote it down, and adjusted the maintenance philosophy and allowed flexibility in the budget.

Cool! Animosity, distrust, blah, blah ...all avoided.


Chris Allen
Nacra 20 Gertie
www.wrcra.org
Re: Boat Owner Partners- Good, bad, or ugly? [Re: Chris9] #91182
12/07/06 03:15 PM
12/07/06 03:15 PM
Joined: Jun 2001
Posts: 1,459
Annapolis,MD
Keith Offline
veteran
Keith  Offline
veteran

Joined: Jun 2001
Posts: 1,459
Annapolis,MD
Damn, man, you got me so scared I'm going to write up a contract between me and myself!

Ok, skipper and crew are partners, skipper asks crew to do something that crew thinks is stupid, but does it anyway. But screws up doing it. Who pays? The one that was the stupidist?

Ok, now, take the above situation. The mast breaks, and while looking up at the breaking mast the skipper changes course. The boat flips, but does so in front a ferry boat carrying a load of nuns on a site-seeing tour. The ferry boat turns hard to port, crushes a jetski trying to jump its wake and continues on into the fully loaded LNG tanker tied up at the transfer dock. The resulting explosion levels many city blocks. As the fire burns so hot, there is no evidence as to what happened. Blaming it on terrorism, the US invades Latvia as a result. But it turns out that Latvia does have nukes, and the world ends up glowing.

My question is this - does the skipper or crew have to pay for the jetski? And am I entitled to compensation for being stuck in the related traffic jam?

Honestly though, I think the stupidity thing should be called:

The Chris Clause! A bit of a holiday sound to it...

Sorry, back to your regularly scheduled thread...

Re: Boat Owner Partners- Good, bad, or ugly? [Re: Keith] #91183
12/07/06 03:19 PM
12/07/06 03:19 PM
Joined: Jun 2006
Posts: 110
Northern California, USA
RyanMcHale Offline
member
RyanMcHale  Offline
member

Joined: Jun 2006
Posts: 110
Northern California, USA
Quote
Damn, man, you got me so scared I'm going to write up a contract between me and myself!

Ok, skipper and crew are partners, skipper asks crew to do something that crew thinks is stupid, but does it anyway. But screws up doing it. Who pays? The one that was the stupidist?

Ok, now, take the above situation. The mast breaks, and while looking up at the breaking mast the skipper changes course. The boat flips, but does so in front a ferry boat carrying a load of nuns on a site-seeing tour. The ferry boat turns hard to port, crushes a jetski trying to jump its wake and continues on into the fully loaded LNG tanker tied up at the transfer dock. The resulting explosion levels many city blocks. As the fire burns so hot, there is no evidence as to what happened. Blaming it on terrorism, the US invades Latvia as a result. But it turns out that Latvia does have nukes, and the world ends up glowing.

My question is this - does the skipper or crew have to pay for the jetski? And am I entitled to compensation for being stuck in the related traffic jam?

Honestly though, I think the stupidity thing should be called:

The Chris Clause! A bit of a holiday sound to it...

Sorry, back to your regularly scheduled thread...


Thanks, I needed a good laugh!!!!!!!


Ryan McHale
Hobie 14 (battened jib)
Re: Boat Owner Partners- Good, bad, or ugly? [Re: Keith] #91184
12/07/06 03:28 PM
12/07/06 03:28 PM
Joined: May 2003
Posts: 4,451
West coast of Norway
Rolf_Nilsen Offline
Carpal Tunnel
Rolf_Nilsen  Offline
Carpal Tunnel

Joined: May 2003
Posts: 4,451
West coast of Norway
Pay for the damage if you do something stupid?
If this was something I would be worried about with the prospective co-owner, I would not buy a boat with him. Simple as that, and back to the screening process or drooling over the magazines.
Adding such a clause in the agreement would start the ownership on poor ground, with little trust between the owners. Besides, who should decide where the border between stupidity and bad luck/act of god goes? Not a good idea in my opinion. Much better to be picky about who will co-own the boat with.

I would (probably) never buy a monohull for cruising as a partnership. Too many possibilities for such a project to go sour.

Re: Boat Owner Partners- Good, bad, or ugly? [Re: Rolf_Nilsen] #91185
12/07/06 05:06 PM
12/07/06 05:06 PM
Joined: Oct 2002
Posts: 192
WEST. MICH. USA
DVL Offline
member
DVL  Offline
member

Joined: Oct 2002
Posts: 192
WEST. MICH. USA
OK, On the maintenance issue a fund would be set up to pay for all maintneance items with enough left over for new sails at a specified period, (written down). If the money isn't used or the fund becomes excessive the partners can vote to not fund it for one year. As far as racing, the boat would be raced with the three of us onboard and would not be raced by only one partner. As for the stupidity clause, the other guy suggested it for really dumb stuff like when pulling the boat out & not watching overhead, mast fried. (We know of a co-ownership where this happened). Like I said, pizza & beer to talk on what the partnership would look like. Better to know the others & thyself, and I do trust the other two guys but need to verify everyones thinking on the topic and as you have all stated: Get it all in writing.

Re: Boat Owner Partners- Good, bad, or ugly? [Re: Keith] #91186
12/08/06 11:41 AM
12/08/06 11:41 AM
Joined: Jun 2003
Posts: 887
Crofton, MD
Chris9 Offline
old hand
Chris9  Offline
old hand

Joined: Jun 2003
Posts: 887
Crofton, MD
It only took four of my post, perhaps the last few pushing the ideas a little far, to get you involved.

Quote
The Chris Clause!

Nice! That is a good start.

Quote
contract between me and myself!

I am restraining myself with the above.

Hey, want you book back? Be at the club tomorrow between 9-12, I might even have it with me.


Chris Allen
Nacra 20 Gertie
www.wrcra.org
Re: Boat Owner Partners- Good, bad, or ugly? [Re: PTP] #91187
12/26/06 08:46 AM
12/26/06 08:46 AM
Joined: Aug 2005
Posts: 2,921
Michigan
PTP Offline OP
Carpal Tunnel
PTP  Offline OP
Carpal Tunnel

Joined: Aug 2005
Posts: 2,921
Michigan

We can't seem to figure out the best way to deal with financial/use responsibilities during a buy out period but we came up with 3 possible options:

Severance Agreement:
l. If either partner is unhappy with the agreement for whatever reason they may opt to sever the contract.
ii. Ownership rights are surrendered when the difference is entirely paid unless the seller wants to relinquish his rights. In the case werein the seller wants to relinquish rights the buyer assumes all financial responsibility and will pay the seller within the agreed upon year. [color:"red"] [/color] I can think of three options:
1. Pro-buyer: total buy in(financial and decision making) until paid off.
2. The walk away: No financial/decision making responsibility and pay off starts(owner financing scenario)
3. Pro-seller: prorated financial with decision making retained or limited somehow(I can’t imagine a prorated vote when there are only 2 members). [color:"red"] [/color] I don’t have a problem with limited decision making but there would still be rights to use the boat until it is paid in full.

Anyone have any ideas/experience/suggestions?

Last edited by PTP; 12/26/06 08:47 AM.
Re: Boat Owner Partners- Good, bad, or ugly? [Re: PTP] #91188
12/26/06 11:03 AM
12/26/06 11:03 AM
Joined: Jan 2006
Posts: 195
Straight Outta Hell
B
Boudicca Offline
member
Boudicca  Offline
member
B

Joined: Jan 2006
Posts: 195
Straight Outta Hell
Go to the Texas City Dike website www.texascitydike.com

Ask if they can find Kevin Grice's contact info for you. Kevin has been in a 3-partner F28R ownership gig for at least 3 years as I recall.

All three guys are active sailors. I think at least two of the three also have their own beachcats (well one of them has a Tornado for sure). They seem to have worked it out...


This sig would be something witty, but the censors are against that.
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