sold a boat and it busted!

[AguaSki]

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... or there is something else that has happened that you did not understand/know/disclose/something.

I agree. This is not adding up. Like aspeck, I believe CB, and everything CB has shared feels reasonable. What gets me is that any legal professional that sits on a judicial bench is concerned about their decisions being overturned on appeal. A track record of sound decisions that are rarely overturned on appeal is critical when the legal professional is seeking higher judicial appointments. Too many overturned decisions, and you can say good bye to desirable future appointments. I would think an age 30ish woman pursuing a legal career would be a fairly career motivated person. Either we don't have all the facts, or this woman is being reckless with her decisions and her career. I am glad this is being appealed because the decision that results from the appeal will answer a lot of questions.

 

[ezmobee]

Re: sold a boat and it busted!

I still don't get it. The boat cost 4200 OK. Why would he get half the cost of the boat?
I assume he sued for $1600 because that is what is cost to repair it? I guess nobody ever really said for sure. Cost of the repair or half the cost, would what he is entitled to if anything.

This is an excellent point that I can't believe I didn't think of. Quite possibly CB would be in better shape if he just gave them their money back and got his boat back. He could probably fix it for less than the judgment. Now I'm really mad!

 

[JustMrWill]

Re: sold a boat and it busted!

I am just shaking my head at this...

All I can say is WOW. What a crock of crap! I think I would have lost it right then and there when she said $2100.

It reminds me of when I appealed a "failure to stop" ticket I got. I went to court on the day specified. The judge magistrate called me in (just him and me..no officer)...asked me my side of the story then said "I don't believe that to be the case - guilty. Do you wish to appeal this decission?" OF COURSE I WANT TO APPEAL IT! Why did I mark APPEAL on the ticket and waste a day coming down to the courthouse!?!?! Had to go back a few months later and it got thrown out because the officer no-showed.

Well. I will be reading this thread until it is done. Good luck. At this point, if I was you, I would be looking for compinsation for my time/legal fees. I would also be looking at other ways to "get back" at them...but I will leave it at that.

-JMW

ps - For those wondering...I didn't run the stop sign...I stopped at the line...the car in front of me had edged out into the road to make the turn. I went when he went...the cop saw "two cars" going through sign at once...and assumed that I didn't stop at the line (which he could see from his angle).

 

[amynbill]

Re: sold a boat and it busted!

ps - For those wondering...I didn't run the stop sign...I stopped at the line...the car in front of me had edged out into the road to make the turn. I went when he went...the cop saw "two cars" going through sign at once...and assumed that I didn't stop at the line (which he could see from his angle).

Wow, yea. Good thing you straightened us out about your depolarble, reprehensible crime! I was about to report you.

hehe.

 

[Dakota47]

Re: sold a boat and it busted!

Fight it all the way,, dont give them a dime..

 

[thefairlaneman]

Re: sold a boat and it busted!

The next car or boat I sell I think a noterized disclamer stating there is no garantee what so ever . Its where is as is non refundable cash.That should take the starch out of the judges panties,,,,,,,maybe add "any statements or promises made or implied about the condition of the boat that are not in writing are void.........that should do it

 

[bullis]

Re: sold a boat and it busted!

The next car or boat I sell I think a noterized disclamer stating there is no garantee what so ever . Its where is as is non refundable cash.That should take the starch out of the judges panties,,,,,,,maybe add "any statements or promises made or implied about the condition of the boat that are not in writing are void.........that should do it

Then a judge would say, "boy you sure did try to go out of your way to cover your ***, what are you hiding? Judgement for plaintiff $4200."

 

[Scaaty]

Re: sold a boat and it busted!

hey CB...do you have a pic of the motor before ya sold it? Bet we can solve this REAL quick...outside appearance will tell a heck of a lot more on maintenance that the one sided story we are hearing...(this is making my head hurt..I sell a boat or motor, heres the facts... its a simple ya don't like it, bring it back...ya blow it up, ya better have a good reason...I would still take it back..refund the money...learn a lesson by selling something ya ain't DAMN sure off..or to an idiot..which I NEVER would...)
How the hell do ya think lawyers can't get a real job...

 

[country_bumpkin]

Re: sold a boat and it busted!

hey CB...do you have a pic of the motor before ya sold it? Bet we can solve this REAL quick...outside appearance will tell a heck of a lot more on maintenance that the one sided story we are hearing...(this is making my head hurt..I sell a boat or motor, heres the facts... its a simple ya don't like it, bring it back...ya blow it up, ya better have a good reason...I would still take it back..refund the money...learn a lesson by selling something ya ain't DAMN sure off..or to an idiot..which I NEVER would...)
How the hell do ya think lawyers can't get a real job...

 

[SS MAYFLOAT]

Re: sold a boat and it busted!

CB, I noticed in the ad that the Tach was not working. If the tach was not repaired, how did he know he wasn't red lining the engine. I think this is part of the ad that can put your case over the top. Without any way of monitoring the engine RPMs, the kid had no clue that he was doing his own damage. You may have your attorney look at this little detail that could be a big decission maker. After all, you did disclose that key piece of info. Again good luck........SS

 

[dvan1901]

Re: sold a boat and it busted!

CB, I noticed in the ad that the Tach was not working. If the tach was not repaired, how did he know he wasn't red lining the engine. I think this is part of the ad that can put your case over the top. Without any way of monitoring the engine RPMs, the kid had no clue that he was doing his own damage. You may have your attorney look at this little detail that could be a big decission maker. After all, you did disclose that key piece of info. Again good luck........SS

Eventhough the Tach wasn't working; was the over-rev protection working? Is the over-rev protection dependant on the tach?

 

[SS MAYFLOAT]

Re: sold a boat and it busted!

Eventhough the Tach wasn't working; was the over-rev protection working? Is the over-rev protection dependant on the tach?

I know all the boats that I have owned has never had that feature on them. Of course they have all been older models, but I knew what the tach's function was for. Revlimiters that I have dealt with on cars is usually built into the rotor button of the distributer. I do know that there are several different ways for rev limiting to be done.

I'm sure that some of the more knowledgeable marine mechs can be more helpful.

With the kid owning a bike, he should have known the importance of a tach. It sure is ashame that ones ingnorance is sometimes paid by others.

 

[oops!]

Re: sold a boat and it busted!

i also noticed.
besides the discrepancy between the civil summons (4.5 hrs)and the actual testimony (3.5 hrs) about amount of hours the kid ran it.
there was talk of leaky valve covers.
the engine looks shiny to me. that just means it was clean or just wiped of oil.
however, it looks clean.
if the kid ran it outta oil because leaky valve covers, that thing would have been SMOKIN!
smokin bad!
3 or 4 leiters of oil on a exaust???? anyone would have seen him a mile away.
and he should have noticed this!

CB .. we dont have the transcripts, but the more we look at it the kids story just doesnt add up! the origional assement must stand. he just blew it up.
i/os are tricky things. lots to check before you statr the engine. its a routine check list to us but not to him a new boater might miss something. (like leaving the muffs on in the water and starting the motor. or for that fact a dry land start without the muffs!

are you still going to appeal?
has it been filed?
it is my understanding in a court of law you cannot appeal becaues you dont likr the judges ruling. you can only appeal if the judge has made a legal error in their ruling. by quoting past cases your lawyer should find thid no problem to do.


if i may suggest. when you do go to court the next time, prepair in advance by reading all his testimony, and all the summons.
then have experts poke holes in his story.
if there is too many descrepancys in his testimony the judge has no choice but to throw it out.

were behind you on this one.
CHEERS im still waiting for the corona!

oops.

 

[country_bumpkin]

Re: sold a boat and it busted!

Okay, I get to bump this thread and wish Tashasdaddy a happy one!


Hey TD I have two Siberians myself. One red, and one grey.


Hope you had a great day!

 

[Scaaty]

Re: sold a boat and it busted!

Thanks..that looks good...I'm gonna side with ya here...kid (and mother" need there *** kicked for stupidity probably...but the law says stupid is legal I guess...

 

[thefairlaneman]

Re: sold a boat and it busted!

Then a judge would say, "boy you sure did try to go out of your way to cover your ***, what are you hiding? Judgement foget away with ingnoring the legal disclaimer.

 

[thefairlaneman]

Re: sold a boat and it busted!

Then a judge would say, "boy you sure did try to go out of your way to cover your ***, what are you hiding? SORRY FOR DOUBLE POST

 

[oops!]

Re: sold a boat and it busted!

hey cb
did you appeal?

 

[country_bumpkin]

Re: sold a boat and it busted!

hey cb
did you appeal?

I gave my attorney a check for the bond last Wed. right after court. Waiting to hear what happens next. But to answer your question, yes we are appealing.

From what I understand, to appeal to the circuit court you put up 200 bucks. If you win, you get it back, if you lose, well, it gets applied to the court's cost.

 

[JustJason]

Re: sold a boat and it busted!

at this point i'd start sueing for the attorny fees as well.