Consumer Law, Warranties purchasing a boat with options that will be installed AFTER closing

[hulagirl]

I have given a deposit on a boat which currently has a leaning post seat. The dealer is to swap out that seat for a reversible pilot seat - this is in the contract. The sale of the boat is subject to sea trial. Since the weather in NY has been too cold to trial the boat, we have not moved forward yet. However, we just recieved a call from the dealer that we MUST close by 2/28/09 or the deal is off. Nowhere on the contract does it give such a closing date. I am reluctant to close without somehow having it in writing that the seat will be swapped out within a reasonable amount of time. Can I make my own addendum to the current contract for the dealer to sign? If so, how do I word this?

 

[dee_dub]

It's up to you if you want to purchase it without a sea trial. The Feb 28 is arbitrary and fast-approaching - I'd press the seller on that.

You can certainly try to alter the contract. If you want to do it right, get a lawyer to look at it. If you want to do it yourself, write in whatever you like on the contract. Specify exactly what is to be done, when, where, by whom, and what happens in the event he doesn't change the seat - i.e. "Not later than 2 weeks after closing, at the boat's mooring at Horseshoe Bay, the Vendor shall replace the existing post seat in the boat with a Hoover H-21 reversible pilot seat in a color to be approved by the Buyer. The Buyer shall provide the Vendor reasonable access to the boat. If the Vendor does not replace the seat, the Vendor shall pay the Buyer $X as liquidated damages." Both parties initial the change.

 

[hulagirl]

Thank you for that response. If the dealer decides to break the deal prior to sea trial, is it safe for me to presume I am entitled to my full deposit back?

I am becoming increasingly uncomfortable with this dealer and my gut instinct is to let it fall through if the dealer decides to end it.