How to handle crank-up dock when selling

[MRJS]

We are in the process of selling our lake house. Our crank-up dock is a little more heavy-duty and complex than the average. Because there is a learning curve and nuances, it's our preference the new owners go through a professional dock company rather than raising and lowering it themselves.

Does anybody have any insight on how to handle this contractually and practically?

Much thanks and we're going to miss the lake very much!

[thinkxingu]

Why wouldn't it be any more complicated than "here's the company we recommend using" and walking away?

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[MRJS]

Originally Posted by thinkxingu

Why wouldn't it be any more complicated than "here's the company we recommend using" and walking away?

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Instead of a recommendation we want an agreement the owner will use a professional dock company.

1. To protect us legally, and more importantly

2. To protect them from getting in over their head

A crank-up dock is a medieval trebuchet/catapult. It needs prudence.

[chachee52]

I would write down instructions on how to do it if you do it yourself, if you don't put the company that does it.
Just put a disclosure in the listing about the dock. I saw stranger, had a house I looked at that disclosed that they were on a Halloween route and spent close to $1000 on candy and only gave 1 piece of candy to each kid.
If I bought a house on the lake, I would be doing the dock myself and not hiring someone and would appreciate the instructions. I help at least 2-3 of my friend's with their docks in and out each year.

[TheTimeTraveler]

Originally Posted by MRJS

We are in the process of selling our lake house. Our crank-up dock is a little more heavy-duty and complex than the average. Because there is a learning curve and nuances, it's our preference the new owners go through a professional dock company rather than raising and lowering it themselves.

Does anybody have any insight on how to handle this contractually and practically?

Much thanks and we're going to miss the lake very much!

Be sure to sell your property "as is" with "no warranties expressed or implied".

[Descant]

IMHO, giving written instructions leaves you open to issues if there is any way at all the instructions could be misinterpreted and there is a mishap. If you leave instructions for 9 items and there is an issue with #10, it is your fault. Best plan is to have no contract with the buyer. That's why you pay a Realtor and your attorney. Leaving a list of local contractors who are familiar with the property (plumber electrician, landscaper, trash collection, winter watchman, etc.) might be OK if your attorney approves ther list.

[TomC]

yeah - I think you just sell and be gone... The onus is on the buyer of lakefront to deal with the dock. You wouldn't tell them how to clean leaves out of the gutter and be at risk of having them fall off the roof... no different in my mind.

[MeredithMan]

Originally Posted by MRJS

We are in the process of selling our lake house. Our crank-up dock is a little more heavy-duty and complex than the average. Because there is a learning curve and nuances, it's our preference the new owners go through a professional dock company rather than raising and lowering it themselves.

Does anybody have any insight on how to handle this contractually and practically?

Much thanks and we're going to miss the lake very much!

Several house sales ago, I asked our RE agent about offering to give the buyers instructions and a "shadow me" session on how to work the systems in the house, a few of which were complex. The agent's guidance was to wait until AFTER the closing was completed, so as to avoid any misinterpretation or alleged misleading statements which could result in liability or the deal going south.

Additionally, with each house we've sold, we've left a list of names and contact details of the service providers we used and trusted who were familiar with the property, (landscapers, plumbers, electricians, etc)

[Biggd]

Originally Posted by MRJS

We are in the process of selling our lake house. Our crank-up dock is a little more heavy-duty and complex than the average. Because there is a learning curve and nuances, it's our preference the new owners go through a professional dock company rather than raising and lowering it themselves.

Does anybody have any insight on how to handle this contractually and practically?

Much thanks and we're going to miss the lake very much!

You probably should put in the sales agreement that the dock should be handled by a professional dock company, and you are not responsible for any mishaps if they try to do it themselves.

[WinnisquamZ]

Interesting thread. I too have a unique dock setup and have thought about this same thing. Always believed sell as is and note the uniqueness.


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[camp guy]

I think you ought to talk with your Realtor and be sure the complexity of the dock operation is FULLY understood (at least by him/her) so that when showing the property this subject will be discussed. At the very least, a new owner should use whomever you have been using for at least the first spring install and fall crank-up. Then, maybe a new owner can make up their own mind about the future.
Happy New Year!

[DEJ]

Originally Posted by TheTimeTraveler

Be sure to sell your property "as is" with "no warranties expressed or implied".

Great advice IMO.

[TiltonBB]

Originally Posted by Biggd

You probably should put in the sales agreement that the dock should be handled by a professional dock company, and you are not responsible for any mishaps if they try to do it themselves.

I would do that. These days with people so lawsuit happy any involvement you have with instructions on the operation of the dock (and other specific parts of the house) could come back to haunt you. They could get injured or damage the dock and blame you. They could claim you left out some steps if you gave them instructions.

I would leave it at that. I would not have the realtor bring up anything and only answer that they should have a professional do it. The less you or your realtor are involved the less liability exposure you will have. As mentioned above, I would have something in the purchase and sales agreement signed by the buyer that recommends a professional handle the dock.

[MRJS]

Originally Posted by TheTimeTraveler

Be sure to sell your property "as is" with "no warranties expressed or implied".

Will do, thank you

[MRJS]

Originally Posted by TiltonBB

I would do that. These days with people so lawsuit happy any involvement you have with instructions on the operation of the dock (and other specific parts of the house) could come back to haunt you. They could get injured or damage the dock and blame you. They could claim you left out some steps if you gave them instructions.

I would leave it at that. I would not have the realtor bring up anything and only answer that they should have a professional do it. The less you or your realtor are involved the less liability exposure you will have. As mentioned above, I would have something in the purchase and sales agreement signed by the buyer that recommends a professional handle the dock.

Will do, thank you

[jeffk]

It seems to me that there are two sides to this.

The legal coverage, that you definitely want to cover since many people decide when they mess things up, someone else should pay for it. It won't stop them from suing but it should get things cleared up as quickly as possible.

The moral coverage, so that you can look yourself in the mirror if you hear that they got seriously hurt and you made a good effort to explain the dangers and THEY made the choice to ignore you. A lawyer can comment on how you approach it.

[fatlazyless]

Sold as a "reliable and hassle-free docking system" .... www.centerharbordocks.com/retractable-docks/ .... Excuse me, I be looking in Craigslist-NH/free stuff ...... for one that someone wants to lose just cause they don't want it, no more?

[MRJS]

Originally Posted by fatlazyless

Sold as a "reliable and hassle-free docking system" .... www.centerharbordocks.com/retractable-docks/ .... I be looking in Craigslist-NH/free for one that someone wants to lose just cause they don't want it, no more?

Thank you, and by the way, how did you happen to get banned from a thrift store? My mind is running wild here!

[MRJS]

Originally Posted by jeffk

It seems to me that there are two sides to this.

The legal coverage, that you definitely want to cover since many people decide when they mess things up, someone else should pay for it. It won't stop them from suing but it should get things cleared up as quickly as possible.

The moral coverage, so that you can look yourself in the mirror if you hear that they got seriously hurt and you made a good effort to explain the dangers and THEY made the choice to ignore you. A lawyer can comment on how you approach it.

Very true, thank you. We try to be responsible for what we do.

[codeman671]

I think you are overthinking this. It’s the buyers problem to figure out how to handle the dock going forward. You do not have liability on this. If they ask, give them the names of a few dock companies to reach out to for assistance. That’s it.

In the past I have offered a list of contractors that I have used for maintenance, after closing.

[MRJS]

Originally Posted by codeman671

I think you are overthinking this. It’s the buyers problem to figure out how to handle the dock going forward. You do not have liability on this. If they ask, give them the names of a few dock companies to reach out to for assistance. That’s it.

In the past I have offered a list of contractors that I have used for maintenance, after closing.

There are two parts to this equation:

1. Protect ourselves

2. Protect the buyer

If even we don't technically or legally need to protect the buyer, it's the right thing to do.

[fatlazyless]

Originally Posted by MRJS

Thank you, and by the way, how did you happen to get banned from a thrift store? My mind is running wild here!

Easy to find that thread ...... all about returning a Panasonic boom box with the cassette player, already broken.

[Biggd]

Originally Posted by MRJS

There are two parts to this equation:

1. Protect ourselves

2. Protect the buyer

If even we don't technically or legally need to protect the buyer, it's the right thing to do.

Anything in writing can be used in a lawsuit!

[MRJS]

Originally Posted by fatlazyless

Easy to find that thread ...... all about returning a Panasonic boom box with the cassette player, already broken.

The new Salvation Army location in Laconia has done an outstanding job with the building. I bought another flannel shirt that I absolutely don't need!

[FlyingScot]

I agree with your ethics, but you're not their Mom, they are adults, you do not want to complicate the sale, and this is insignificant economically wrt the house as a whole. I'd be surprised if this is the "worst" detail on your house. This is Say NOTHING before the sale, maybe it comes up on inspection, maybe not.

After the sale, send them an email, with a warning about the trebuchet, starting with "Crank up docks are all over the lake, but I'm not sure you've ever used one...". You might include idiosyncrasies about the house and recs on other service providers too. Most of the transactions I've been involved with have included communications like this.

[ITD]

You are way over thinking it.... just say, crank up dock, here is who we recommend to take care of it. And be done, you are not a dock expert, it's not your responsibility to train anyone, it is probably more problematic to train them and have something go wrong than it is to say, we suggest this company.

Caveat emptor still applies, the new owners will figure it out. Make sure everything is sold as is, no warrantees.

[map]

I have - yes- a very stupid question. But not being a boater or owning a dock or anything, I see those cranked up docks, but I don't see a platform for walking on on any of them for when they are lowered. Are the platforms removed before they are cranked up?

I just drive by them all the time and see the frames up out of the water and was just wondering...

[MRJS]

Originally Posted by map

I have - yes- a very stupid question. But not being a boater or owning a dock or anything, I see those cranked up docks, but I don't see a platform for walking on on any of them for when they are lowered. Are the platforms removed before they are cranked up?

I just drive by them all the time and see the frames up out of the water and was just wondering...

Yes, the platforms are usually placed in a stack nearby, or in our case, brought into the basement. Every year when bringing them in we brush off all the spiders and pine needles and make any necessary repairs.

An additional aspect to crank-up dock management is dealing with the platforms in the spring if the water is too high. They can float away which could cause a floating hazard to people and boats.

One of our neighbors had platforms made of cedar that were screwed down. However, waves can create enough bouyancy and force to blast them upward. Their platforms were say an inch above the water, so waves would pop up various corners, but not all four to send it floating off.

[map]

Originally Posted by MRJS

Yes, the platforms are usually placed in a stack nearby, or in our case, brought into the basement. Every year when bringing them in we brush off all the spiders and pine needles and make any necessary repairs.

An additional aspect to crank-up dock management is dealing with the platforms in the spring if the water is too high. They can float away which could cause a floating hazard to people and boats.

One of our neighbors had platforms made of cedar that were screwed down. However, waves can create enough bouyancy and force to blast them upward. Their platforms were say an inch above the water, so waves would pop up various corners, but not all four to send it floating off.

Thanks! Makes sense. Interesting. I have learned something new!

[LIforrelaxin]

So the simplest response to the original question is talk to a Real Estate Atty. who is familiar with lake Front property. They have dealt with this issue in the past more than likely.

As others have said, this is really no different than instructing someone to use attic stairs, or clean gutters.

I would also work with the Real Estate Agent, and list the Dock and the need initially to use professional help as a Disclosure.

However at the end of the day, once you have sold the property, how the new owners choose to deal with things like a dock, is really up to them. As long as you have disclosed potential dangers, you have done all you can do.... I can't imaging verbiage like "you must higher profession dock people to install and remove the dock" would be allowed in closing documentation....

[MRJS]

Originally Posted by LIforrelaxin

So the simplest response to the original question is talk to a Real Estate Atty. who is familiar with lake Front property. They have dealt with this issue in the past more than likely.

As others have said, this is really no different than instructing someone to use attic stairs, or clean gutters.

I would also work with the Real Estate Agent, and list the Dock and the need initially to use professional help as a Disclosure.

However at the end of the day, once you have sold the property, how the new owners choose to deal with things like a dock, is really up to them. As long as you have disclosed potential dangers, you have done all you can do.... I can't imaging verbiage like "you must higher profession dock people to install and remove the dock" would be allowed in closing documentation....

Well said, thank you very much