sold a boat and it busted!

[tommays]

Re: sold a boat and it busted!

CB sorry to here the outcome

I have to say you are NOT the first to lose this way and have seen it on used cars a few times in small claims court

It is real tricky on private car sales in NY over dollar X there is a 30 day window

While we would all love to think AS IS means just that IF someone is willing to take it to court it is never that simple


Tommays

 

[Grunt_Sculpin]

Re: sold a boat and it busted!

Gary are you attacking me...or is that a rebuttal....I can't tell. heheheh

 

[SuperNova]

Re: sold a boat and it busted!

We were heard by another attorney, not a judge.

......

........and that is supposed to be binding?? Sounds Mickey Mouse to me.
--
Stan

P.S. I think some of this is just C.B. going for a longevity record.

 

[v1_0]

Re: sold a boat and it busted!

What she did is not uncommon in civil court. In effect she did not make a decision leaving both parites to claim a partial victory. If it is put before a judge that follows the letter of the law I have little doubt that you will win. She just pushed this case through the system hoping that no one would appeal.

I don't know about 'letter of the law'. Judges are supposed to judge! Being that they are people, they undoubtedly bring bias and perception into things.

I can see her reasoning: the claim was that the boat was mechanically sound. The kid, being a kid, is niave and put 100% faith in the claim. The boat breaks, two possibilities: (1) bad luck. (2) false advertising. Difficult to decide between the two... Hmmm, seller has a lawyer: (1) definately has money to afford a lawyer. (2) why have the lawyer when the other party dosn't? Ok - split the difference.

CB - I still recommend that you get more info on exactly why the engine blew. Maybe an 'autopsy' by a neutral mechanic. Better still, someone that was there during or just after - say the person that towed them off the water. If you can find that the kid abused the thing - deliberately or out of ignorance, or failed to heed some warning sound/sign (such as a high temperature gauge, warning beep, etc). Your case will be much stronger as the engine failure was preventable by the kid if he took the right actions...

To a judge, or to any non-boater, then it's less magic (Ohhh, it just failed) than a person's neglect (Ahhh, he caused it to fail by letting it overheat).

-V

 

[jtexas]

Re: sold a boat and it busted!

your ad says the engine is in excellent condition, starts right up, runs strong, you place alot of emphasis on the engine...

the buyer ran it for what, 4 or 5 hours? to me, that's pretty powerful evidence that it was in "excellent condition". Nobody disputed that it started right up & ran strong, right?

you offered $500, they wanted $1600, and the judgement was for $2100? have ya thought about complaining to the state bar association?

hang in there.....................

 

[MrBigStuff]

Re: sold a boat and it busted!

>The boat breaks, two possibilities: (1) bad luck. (2) false advertising.

You alluded to another, more obvious cause at the end of your post. Maybe I'm old school but even broke people have at least one set of decent, sunday go to meetin' clothes and they should wear them to such an occasion. When I see that, I don't think "He's broke", I think he has no respect. How deep does that attitude go? His mother's there arguing for a full grown man. Would you really believe he has the maturity to respect the value of the boat? Perspectives vary, I guess.

CB, good on ya for sticking it out. There are a lot of people incensed by the way the process played out in what looks to be round #2. In my mind, the court system punted. A disservice to both parties because now it has to play out again. The real judgement has yet to be delivered...

 

[Nandy]

Re: sold a boat and it busted!

Wow! Even his own mechanic agreed that even a new motor can fail. She just wanted both of you out of the system. Im glad you are appealing.

 

[sbulla]

Re: sold a boat and it busted!

Based on the evidence I've read, that judgement sounds very weird! If your lawyer is up to it, the appeal sounds like a good idea.

CB, if ya need any foot work done in the Knoxville area, give me a shout and I'll see what I can do.

Sonny

 

[Mr.Stuart]

Re: sold a boat and it busted!

I've never posted to this thread before, I've followed it and I have been in your shoes, it wasn't over a boat though, I apealed, and won, so stick with it buddy, you got a lot of people on your side.

Stuart

 

[country_bumpkin]

Re: sold a boat and it busted!

Hey CB, don't forget that there is always another option. Remember your NJ roots? Look up some Jersey boys and they'll go visit the plaintiff and make them a settlement offer they can't refuse.

Yeah! and Soprano's Season 6II came out yesterday, think Tony will help an old Jersey boy out?

 

[country_bumpkin]

Re: sold a boat and it busted!

Maybe I'm old school but even broke people have at least one set of decent, sunday go to meetin' clothes and they should wear them to such an occasion. When I see that, I don't think "He's broke", I think he has no respect.

Oh man, my wife is jumping up and down behind me now! She kept saying this to me today!

CB

 

[Solittle]

Re: sold a boat and it busted!

I do not understand how a "young woman attorney" who is not a judge can make a ruling on this case. Attorneys do not have the authority to make judicial rulings that are binding. Perhaps did your attorney agree to binding arbitration? If so were you aware? Mediation?

Hmmmmm

 

[JasonB]

Re: sold a boat and it busted!

That ruling was wrong. I'm so stunned, I'm not sure what to say. ?It truly does shake any faith in the system. Is there no personal responsibility anymore? The kid bought something as-is, no warranty, then trashed it. His problem. I'm going to assume that the Arbiter just missed this one, can't see how she made that decision.

I'm glad you are appealing.

 

[bamafutbal]

Re: sold a boat and it busted!

sounded like you had a mediator

 

[aspeck]

Re: sold a boat and it busted!

Things just aren't adding up here. CB, please understand, it is not that I don't believe what you are telling us, because I do. But the ruling makes no sense with what you have told us. Either this chick who acted as an judge was WAY off base, she was a mediator that has no knowledge of motors, which you would not want if you agreed with mediation, or there is something else that has happened that you did not understand/know/disclose/something.

I just don't understand how a judge, or acting judge, could make a ruling like that with the evidence that has been presented!

I am GLAD YOU ARE APPEALING, because hopefully it will shed more light on the situation and bring validation and justification to you and your story!

 

[oops!]

Re: sold a boat and it busted!

hey cb. glad your going to appeal.

just a thought. in the summons to civil court. the kid said it broke 4 .to 4.5 hours.
and you said his testomony in court today, he said it broke in 3. to 3.5 hours.
can u get a transcript? if so mabe your lawer can use that. both documents are said to happen under oath. they bolth cant be correct. that means he purgored himself!

I would have used the quote button but it doesnt seem to work on this puter!
good luck!
my offer at the top of page 16 still stands.
keep us posted!

 

[gene8084]

Re: sold a boat and it busted!

My take on it? She ruled with her heart. Here I am, dressed well in a suit and tie, my lawyer dressed well, the plantiff in a t-shirt and jeans, his mother in a sweatshirt and jeans.....and thought......tough situation.......the kids out 4200, the deffendant can oviously afford it more than the kid.......that's my decision.........
...

This is a sad outcome. Forget that the kid may have pushed it. It's the fact is the judge seems to be ignoring the law. I'm no lawyer, but if as-is doesn't equal as-is...what's the point.

Based on this outcome I could list of all the parts I've had to purchased for the "turn-key" boat I bought as-is, that won't run, and have the judge rule in my favor.

The message I take away is you have to be vague when you advertize.

1. USED Boat for sale.
2. It ran ok yesterday.
3. Proceed at your own risk.
4. $ price.00 (non-refunable, sales final)
5. Interested parties must have boat/engine professionally inspected to their satisfaction.
6. Purchaser must sign waiver of seller liability.

Not a compelling ad, but you'd be protected.

 

[cmcpherson]

Re: sold a boat and it busted!

Woah.....hold up there....

I need to clarify something...I was not attacking. If it came accross that way I am sorry. It was a joke....I guess sometimes I need to realize that not everyone has my sense of humor....but man it sure was funny to me. I guess one person's view of attacking someone is anothers view that I too was stating my opinion.

Sorry....normally I post in dive forums and people get me...but this must be a different crowd.

Again, sorry.

HAHA, I really could care less about being attacked, it really just shows the true color of these people. As I said, these people really don't want anything questioned, I don't understand why they come to a place like this, they obviously have no interest in other people's real opinions.

The lawyer debate is always a fun one to have, sooooo many people presume to know the law and want to play sea lawyer. Everyone puts the blame on the "system," but no one wants to blame the lawyers, somehow they are not part of that system. Do you really think any lawyer likes to lose? I never talk to a lawyer that ever loses, but obviously they do all the time. And why do lawyers act this way, because they know that we are a sue happy society. Very few lawyers are doing it for "the cause" anymore; there is money in lawsuits and they want their share. Not that there are times when suing someone is not the right solution, in fact I have sued attorneys for legal malpractice on two occasions and won both times. But everyone assumes that their attorney knows best and they never question their own better judgment.

So, call me what you want, take shots at me for questioning the situation, as I said, it doesn't really bother me. Those of you who choose to blindly believe whatever they hear are destined to repeat the mistakes of others because they refuse to look at them as a learning experience.

Now fire away...

 

[dvan1901]

Re: sold a boat and it busted!

My attorney looked my wife and I in the eye and said "I'm not charging you anymore for this than you already paid me", so bill padding is not an issue.

He also said "you can appeal this, that is what I would do". He's scratching his head on the ruling. He's told us he hates to lose and doesn't lose often. He looked behind him and said "this is Mickey Mouse Court, an appeal would be held accross the street where the big boys play"

An appeal is being filed.

CB, sorry to hear about this; good thing you have a lawyer though. I think they only ruled in favor of the kid SO you would appeal (more court fees).

 

[GatorTom]

Re: sold a boat and it busted!

What is your problem? I am not allowed to question? I love these forums for just this reason, if an outsider tries to interject their thoughts they are ridiculed like so much garbage. This country was not built around this type of an attitude, but I am sure any further words on this would just be lost on on you gatortom.

cmcpherson,
I have read many of your post and you are sarcastic and blunt on most all of them. I'm not saying anything is wrong with that, but your reaction to my post proves that you can't take anyone ridiculing you, but you sure like to dish it out. As you said, I was interjecting my thoughts about you and your comments on this board. I never said you were wrong or that I agreed or disagreed with you. I just commented on your style of posting. I was doing it in a joking manner as a matter of the fact. RELAX!