Writing Blog

April 19, 2010

Precautions you should take when buying second hand marine equipment

Filed under: Boats,Finance,Sports — Rafael Minuesa @ 1:22 PM
This is one article I wrote for the Used Boat Gear WebSite.
You can view the original version at: 

If after buying an used marine item you find that you have mislead and the quality of the article is not what it was advertised, there are a plethora of things you can try to get your money back, but none of them is guaranteed to succeed, unless you have taken the necessary precautions beforehand.

It all depends on whether you as a buyer can establish that the seller took substantial steps to conceal the problem for the sole purpose of selling the item to an unsuspecting buyer, and whether the broker (if there was any involved) knew of the concealment.

The law is also different depending on the state in which the transaction has taken place. For example, although law in California requires various disclosures to be made in real estate transactions, that requirement does not extend to boat-related sales. As such, it will be extremely difficult to hold a seller liable if he or she remains silent regarding any known faults with the items being sold.

A broker may be held under a different standard. For example, if the buyer was represented by a broker who was involved in a prior rejected transaction due to some kind of faulty specifications or who otherwise knew of the problem, that broker may be found liable for breaching the fiduciary duty owed by every broker to a client.

That goes to show why it is never reasonable for a buyer’s expert to rely upon the seller’s representations. The job of a buyer’s inspector is to perform an independent inspection, and any representations made by the seller should be disregarded during the inspection process.

For example, saying that a boat is “seaworthy” is like a used car salesman saying that an old car it’s in “great condition.” In some contexts, such as a maritime personal injury claim, “seaworthiness” is a legal term that will be a significant factor in the case. However, in boat sales, it is a subjective term that has no particular legal significance, because of the extent to which that term is used.

This is different than, for example, misrepresenting the length of a boat or the horsepower of the engine, which are objective facts. If those were subjective terms, you could never hold someone liable for their use.

The best approach is to avoid the dispute altogether by doing some homework before entering the market in the first place. Buying a used boat gear may be a complicated endeavor, but the process can be simplified enormously through a little preliminary research into the make and model of the article.

August 8, 2008

Project 119

This is one of a series of articles I posted for Gambling News.
You can view the original version at:
* http://newsgamblingnews.blogspot.com/2008/08/project-119.html

During the XXVII Olympics in Sydney, the Chinese team won only one gold in traditionally Western dominated sports such as athletics, track and field, and water events such as swimming, canoeing and sailing.

The Chinese State General Sports Bureau introduced shortly thereafter “Project 199”, aimed at getting more medals in those sports, which combined account for 119 (updated to 122 in Beijing) of the 302 gold medals available . During the following 2004 Athens Olympics, the Chinese team won four gold medals on sports covered by “Project 119”.

The government has also pumped money into other not-so-popular sports such as archery and shooting, in an effort to overtake the USA (Russia doesn’t seem to have much of a chance these days) as the country that will win the most Gold Medals in the 2008 Olympic Games in Beijing.

On a personal level, large cash bonuses, access to university and generous sponsorship deals await those athletes that make it to the podium.

Everyone is betting nowadays on who will win the win the most Gold Medals in Beijing.
The Wall Street Journal, for example, is predicting that the U.S. will likely continue its Olympic winning streak, both in golds (47 to 38 over second-place China) and total medals (110 to 93, with China second and Russia third on both counts).

PriceWaterhouseCoopers has concluded that China will win 88 medals overall, compared with 87 for the US, a close call that nonetheless would make Chinese very happy due to their belief on number 8 being a lucky number. It’s not a coincidence that these Games have started on the 8th day of the 8th month of the 8th year.

In any case, there’s no doubt that these Olympic Games are going to have an added spirit of competition not seen since the Cold War period, when the Soviet Union topped the medals board on eight occasions.

Darryl Seibel, spokesman for the US Olympic Committee, recently said that:

“We expect this to be one of the most competitive Olympics in recent history. That is down to a combination of China’s investment in its Olympic programme, Russia’s decision to do the same and the policy of some nations like Britain, which are targeting specific medals in sports that are important to them. China has to be considered the favorite. Every host nation receives a huge boost.”

Ant that’s the key to predict who will win the win the most Gold Medals in the 2008 Olympic Games, a variable that many forecasters seem to have failed to include in their formulas.
Remember Australia, Spain or Korea? Those countries received a lot more medals that they are used to when hosting the Games.

My prediction on who will win the win the most Gold Medals in Beijing? China, of course.
And all bookmakers seem to agree.


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