Sold a boat. need advice

[jkust]

You've already spent too much time even thinking about this. I'd have spent maybe ten seconds total on this. It deserves not a single second more based on what you have explained. Move on with your life.

 

[H20Rat]

Bill of Sales with the 'no warranty, as-is' clause are a long ways from a certainty in small claims court (assuming this is small claims territory). I've heard of judges completely overlooking the bill of sale and still awarding to the buyer. I have one relative who has had two bad experiences with exactly that type of thing in small claims, he will never sell another vehicle to a private party, only through a dealership.

 

[WIMUSKY]

"As Is" is implied on private sales. It doesn't have to be in the BOS. He can sue you, doesn't mean he has a leg to stand on. The only way he could win if he has "Documented" proof that you either misrepresented the boat, or, gave a warranty which appears isn't the case. Verbal warranties mean nothing unless the defendant(seller) admits to one... I watch Judge Judy too....Lol It's interesting when she has boat cases just like this, the plaintiff "rarely" wins.

 

[JASinIL2006]

I try to be fair in my dealings with others, either as buyer or seller. In this case, it was the buyer’s responsibility to check out the boat before the sale and either buy it, renogotiate, or walk away. He chose to buy it. It is now his boat. I would not offer anything.

 

[Bondo]

My question is can he sue me over this and win? We had no knowledge of anything being wrong.

Ayuh,...... Anybody remember years back, when iboats member Country Bumpkin sold an I/O with a 470 Merc to some kid in Tenn...??
There's a mile long thread in the archives 'bout it,.....
'n I'm sorry to say, Our legal system can turn into a nasty ride for some folks,...... Even when in the Right,......

 

[Blind Date]

Ayuh,...... Anybody remember years back, when iboats member Country Bumpkin sold an I/O with a 470 Merc to some kid in Tenn...??

Anecdotal & meaningless to this situation.

When I sell a boat I always offer a full wet-test once I see the money. After that they're on their own. Especially after the boat is out of my sight because at that point I have no idea what may have been done to it. It's a used boat sold through a private party. There is an inherent risk that something can go wrong immediately after the sale. That's the nature of the beast. He started it and ran it in your driveway. You offered a wet test, the buyer declined. Unless he can prove you purposely represented the boat under false pretenses(tough to do) any judge with 1/2 an ounce of common sense is going to tell the buyer he's out of luck.

 

[alldodge]

That's a long thread and I just finished going thru it by just reading CB's post. In short:

CB is sued in different county then transaction was took place - Case dismissed
CB is sued at correct location and an Attorney presides over case (not a Judge) and CB looses - $2100
Was awarded because listing add stated "excellent motor and was rebuilt a couple years ago prior"
CB appeals and case is dismissed because plaintiffs do not show up

My opinion in reading and agree with CB. The Attorney was young and ruled with her heart and not the facts. CB wears suit and tie, and plaintiffs where jeans, sweats and Tee shirts

Again, this is America, you can sue anyone for anything, the issue is if you can win

 

[tpenfield]

I think the CB case is interesting in that it shows how far these things can go. I too read through the posts on that thread. Fortunately CB posted a summary part way through, so I did not have to read the entire thing.

Final day in court, CB prevailed in his appeal. 'As Is and No Warranty' were the deciding factors, plus the fact that there was a 30 minute lake trial for the buyer to evaluate the boat.

 

[BWR1953]

Well, the OP hasn't been on iboats for over 5 days now and has only made a couple of posts. Maybe he'll come back and tell us how it ended. :noidea: