sold a boat and it busted!

[Jon D]

Re: sold a boat and it busted!

Just like they taught you in school and life "Caveat Emptor" buyer beware. When spending your money you need to know what you are doing. Look at economy today. Also if something went wrong on your sailboat today would you have someone else call previous boater and tell them you want your money back.. Luck of the draw. Sorry to both of you

 

[Geo2008]

Re: sold a boat and it busted!

Is this the most viewed thread in the history of this web forum?

 

[NelsonQ]

Re: sold a boat and it busted!

Is this the most viewed thread in the history of this web forum?

No. I don't know what Oops restoration thread is at now but around 83,000+ but I'm not sure if there has been any larger over the years. But it's gaining strength again..

We're all behind you on this one CB. And... after re-reading some of this thread again as well, I like the idea of a paypal account to support the cause. I'll throw a few bucks behind it just to be sure this moron gets what he deserves.

 

[country_bumpkin]

Re: sold a boat and it busted!

cb......i just re-read a few pages fro the start.....the kid said it ran outta oil......slowed down.....started to knock......

if you can get him back to that....and that he never checked the oil pressure gauge or the temp....especially when he noticed it acting up.......you will have him cold..........(remind him that you whowed hin the clean and full dip stick)

the spirit of the law, says that a person must do what is reasonable....and what an average person would do in a simmelar circumstance......he didnt.....done.....and thats just one way hes done...

Yes, if you re-read my Craigslist Ad it says something like: "all guages work except the tachometer" If we had a chance to point out that the oil pressure gauge and temp gauge would have indicated a problem long before it manifested itself, and that it was operator oversight that really caused the damage I think we would have won. We were relying on the contract to win us the case and didn't get a chance to rebutt.

I babied that boat. Although the engine was recently rebuilt I knew it was a 20 year old boat. I always carried a full tool set, coolant and oil, just in case. I'm sure this kid thought "my NEW boat" is pretty cool! HAMMER DOWN! BOOM!

 

[rrhodes]

Re: sold a boat and it busted!

I read this thread a few weeks ago and thought it was over. I fail to see how any judge could see in his favor. You took him for a sea trial, He did not have a boat survey done. Signed the paperwork.

That should have been the end of it. What ever happened to "As Is" From here on out I am going to require a signed contract that outlines that the boat may blow up, catch fire, Sink. Crash into a dock or another boat. It may or may not start, the engine may fall off. If it runs out of oil the motor will lock up. If you don't winterize the block or lower may crack. I will end it with a quote. "Stupid is as Stupid does."

Good luck and hopefully the judge will see through this and rule in your favor.

 

[joed]

Re: sold a boat and it busted!

To parphase the sixth sense.
"I see stupid people..
They're everywhere..
They walk around like eveyone else..
They don't even know that they're dumb."

 

[cadunkle]

Re: sold a boat and it busted!

Just found this thread. Most say they can't believe this has gone this far, but I sure can. You have schmucks like this kid and his mother trying to get you to pay for the kids misfortune or negligence, and of course our pathetic excuse for government enables this behavior. These are the types that make a living on welfare (i.e. our tax dollars).

I've bought plenty of used toys. Cars, boats, bikes, etc. One recent issue I had was with a '74 Kawasaki F11 (two stroke dual sport bike). Went to see the bike, looked alright but obviously needed some work. I rode it up and down the street and it wasn't quite 100%. I bought it, fixed the carb issues, and rode it arround for a bit. First time I rode far, about half hour to the woods, then rode trails for hours, then headed home. On the way home the engine ingested a nut and exploded the piston, seizing the bottom end.

Not once did I think about getting my money back. It's a used bike, and a classic at that. Sure I cursed the previous owner for not taking better care of it, but I cursed myself more for missing the loose fastener or random nut sitting in the air box when I went over the bike before riding it. So I repaired the bike with a used bottom end and a new piston, fixed a few other issues with the bike, rode it for a while, then sold it for more than I had into it. No big deal.

Anyhow, best of luck with your case. You're definitely in the right and should have nothing to worry about.

 

[DRIFTER_016]

Re: sold a boat and it busted!

One recent issue I had was with a '74 Kawasaki F11 (two stroke dual sport bike). Went to see the bike, looked alright but obviously needed some work. I rode it up and down the street and it wasn't quite 100%. I bought it, fixed the carb issues, and rode it arround for a bit. First time I rode far, about half hour to the woods, then rode trails for hours, then headed home. On the way home the engine ingested a nut and exploded the piston, seizing the bottom end.

Not once did I think about getting my money back. It's a used bike, and a classic at that. Sure I cursed the previous owner for not taking better care of it, but I cursed myself more for missing the loose fastener or random nut sitting in the air box when I went over the bike before riding it. So I repaired the bike with a used bottom end and a new piston, fixed a few other issues with the bike, rode it for a while, then sold it for more than I had into it. No big deal.

Anyhow, best of luck with your case. You're definitely in the right and should have nothing to worry about.

Funny you should mention this. I had pretty much the same experiance 10 years ago. Bought a used Honda CR125 which wasn't perfect during the test drive but I bought it anyway. Turns out that the stator plate was cracked but it waited until I was deep in the bush and mud before it broke.
$600 later it was fixed. My fault entirely for not figuring out the issue before I bought it and I had not one thought of calling the seller to complain.
By the time I had repaired the problem and completely gone over the bike and made some minor repairs and tweaks it ran better than new and stayed that way until I sold it ten years later for what I paid for it.

 

[oops!]

Re: sold a boat and it busted!

What ever happened to "As Is"

thats exactally why this case is sooo important.....if cb looses...it will set presidence......that means....any thing you sell from now on .....you can be sued for if it goes bad.......this thing is a powder keg....with the very "used buy and sell" at the heart of it.....forget caveat emptor...this will over rule it.

imagine selling your 1 year old vette........a kid buys it.....runs flat out on a race track or street....blows up the motor.....the next day he brings it back to you.....and demands his money back.....if the courts agree with the kid cb is dealing with....you WILL be on the hook to give the money back for your vette.

(im sure this is what happened to cb' boat)

so you see......this is far more reaching than just a simple dispute over a boat

 

[Nandy]

Re: sold a boat and it busted!

thats exactally why this case is sooo important.....if cb looses...it will set presidence......that means....any thing you sell from now on .....you can be sued for if it goes bad.......

I can assure you that this will not be the first time in court than the "as is" clause meant nothing to the judge....

 

[serrano4657]

Re: sold a boat and it busted!

He accepted the bill of sale and sold as is. You are safe, its his loss and problem now.

 

[TWR]

Re: sold a boat and it busted!

Even if you sell somthing "as is", you MUST disclose everthing that you know is wrong with the boat. Unless you do that, and they can prove you purposefuly witheld information, they might have a claim against you. Otherwise, it is just bad luck for him.

wrong.

 

[nxbusa]

Re: sold a boat and it busted!

Dang CB, I'm just a newb here but I feel like I have know you for 2 years! I just finished reading all 31 pages and I'm floored with the outcome so far. I bought a boat just a short time ago and the bellhousing came apart the second time it was in the water. I thought it was something I had done until I did the teardown. It turns out the bearings were bad. It sucks it broke with me, but thats the way things happen sometimes. I don't think the guy I bought it from had any idea of this problem and I didn't either. Used boats break (used everything breaks) and you have to move on. Best of luck to you CB and I will check back on the outcome. BTW, I wanted to buy a sailboat and my wife would not let me

 

[cdnfthree2]

Re: sold a boat and it busted!

That's sad. I've had problems the day after purchase before with autos and never once thought to complain to previous owner. With boats, expect some kinda problems. That's a big one though. Caveat Emptor. Refer him to IBOATS - someone will help him fix it.

 

[country_bumpkin]

Re: sold a boat and it busted!

For the newbies to this thread, who don't want to take the 2 hours to read it completely, I thought I would outline a quick summary of what has happened in the last year:

July '07-Contacted by a kid in Knoxville that want's to buy my boat that was for sale on Craigslist. He drove to Nashville, we took the boat out for a 30 minute test ride with my family. My daughter even skied behind it. He liked it. He bought it. He signed a bill of sale that stated "this boat is sold as is, with no warranties". The next day, after about 4 hours on a lake in Knoxville the boat throws a rod, or something bad, it busted! Kid and Mom want to bring boat back and have me refund money. They are pretty obnoxious about it. After talking to my lawyer. I tell them no.

August '07-Get a warrant from Knoxville General Sessions Court. I'm being sued and have to travel about 400 miles round trip to appear. My lawer gets this case dismissed.

Sept '07-Get a warant from Davidson Co. General Sesions Court (Nasvhille). They have come to Nasvhille and are suing me here. They show up in court with a mechanic. My attorney gets the case postponed.

Oct '07-We go to court. They have a mechanic. I don't get a judge but some fill in attorney. SHE awards the plantiff one half the price of the boat. 2100. Her argument is that my Craigslist ad declared the engine to be in excellent condition, and that even though I had a signed bill of sale that said 'as is', I should share the cost. (I did say the engine was in excellent condition, but this was my opinion of it's condition based on how it ran for me the two years I owned it). We file an appeal.

Jan '08-Get a court date for appeal in June. Send buyer notice of appeal.

Jun '08-Send buyer evidence to be used at appeal 3-4 days prior. Go to the appeal, buyer is no show. I win.

Oct '08-Attorney calls me. Buyer claims we never notified them of the appeal. Claims house burned down and never got the mail. Re-Appeal: next Monday Oct 20th.


Did I leave anything out? Let me know and I'll edit the post. Thanks for all the suppport!

CB

 

[Cptkid570]

Re: sold a boat and it busted!

CB - I'm sure it's your fault that the house burnt down too! haha

Good luck, I can't believe this has come up for you again..

 

[joed]

Re: sold a boat and it busted!

You forgot the part about the award being for more than the repair cost of the engine.

 

[Rogue427]

Re: sold a boat and it busted!

Are you going to buy them a new house too?

 

[Dakota47]

Re: sold a boat and it busted!

Wow $2,100 will buy a new motor. that sucks.

 

[cdnfthree2]

Re: sold a boat and it busted!

CB, I feel for you. Good luck on the 20th. I'll try not to ever use the word excellent when I sell. I think that the AS IS and the trial run should have cleared you. Are you taking a mechanic with you this time?