sold a boat and it busted!

[Apathetic]

Re: sold a boat and it busted!

Okay, I've been following this thread and am trying to learn a lesson here the easy way rather than the bad way. I'm selling a bunch of my toys soon to pay off the money owed on a big boat purchase I'm about to make and part of the "contract" I have this worded:

The car (or boat) is sold AS IS. THERE IS NO WARRANTY AT ALL. I am not responsible for anything that happens to you or the car (or boat).

Is this enough to protect me in a situation similar to what CB is dealing with?

Thank you in advance.

CB, I'm sorry you're going through this, but your thread came at the right time and is extremely informative. I wish you good luck and hope that this is thrown out before you waste anymore time or money.

 

[jtexas]

Re: sold a boat and it busted!

Add some verbiage in there that the buyer is relying solely on his own inspection, and not on any written or verbal representations made by you or anybody else as to the condition of the vehicle.

just to be on the safe side - might not make any difference to a judge, but it might make a jerk pause before filing a lawsuit..........

 

[OMCboater]

Re: sold a boat and it busted!

In this day and age....might not hurt to use your cam phone or other vid cam and record the sale transaction, conversations and acknowledgements. Video doesn't lie......normally....

but then again if you try to go too far to protect yourself, the buyer might get spooked and think you are trying to hide something....and back out of the deal....

damned if you do, damned if you don't!

 

[KnottyBuoyz]

Re: sold a boat and it busted!

Court date is August 29th. 3 Weeks from today.

Good Luck CB! We're rootin' for ya!

 

[muskyone]

Re: sold a boat and it busted!

in wi you can counter sue for free i had a lady sue me over a horse and i counterd her for time loss from work and drive time i walked out of court with cash the judge made her go to the bank and get cash for me when i wouldnt take her ck

 

[rogerwa]

Re: sold a boat and it busted!

Remember they have the burden of proof.. YOu might send them, a registered letter requesting any documents, such as mechanics evaluations, that they intend on presenting. They probably will not send them to you. But it will not shine well on them to not do it.

I just came of small claims a month or so ago and you clearly are going to prevail.

 

[freddyray21]

Re: sold a boat and it busted!

About 3 years ago I sold a Volkswagon Vanagon Westphalia in Ebay. Before buying it the kid who eventually bought it from me asked if I though it would make it to South Dakota. I told him that in the two years I had owned it I had never had any trouble with it and had taken it to Iowa on three different trips. (about 600 miles round trip), but that is was a 20+ year old van and anything could happen. Kid bought it and came down by bus to pick it up. I picked him up at the bus station in the van drove him to my house (about 15 miles) When driving him there we talked about how to drive an old van like that. It was still one of the old air cooled vans and I told him yes it would run 70 miles + an hour, but I would not drive it like that. That I usually drove it about 60-65 miles an hour and didn't push it. We took care of the paper work and off he went. Later that day I get a call from him. He made it about 50 miles and the engine blew a plug out of the cylinder. Never took it back or paid him a dime back. My opinion was he got out on the interstate and tried to keep up at 80 and blew it up. Point it you don't know what he did to the boat and he bought it as is.

 

[jtexas]

Re: sold a boat and it busted!

Remember they have the burden of proof.. YOu might send them, a registered letter requesting any documents, such as mechanics evaluations, that they intend on presenting. They probably will not send them to you. But it will not shine well on them to not do it.

I just came of small claims a month or so ago and you clearly are going to prevail.

this isn't small claims court - unless the case is dropped first, they'll go through "production" and "interogetories" in which they will have to list all their evidence up front, including depositions from expert witnesses, and provide copies to the defendant, and answer any questions you have.

 

[Tail_Gunner]

Re: sold a boat and it busted!

If you sold the boat "AS IS" then wether it was defective or was not defective you sold the boat in it's conditon at the the time of sale and the owner accepted the term's of the sale, the contract was completed by him or her by giving you cash and you gave them the boat.......you both performed on the deal and it's done

The judge is not going to enter you into any new contract aka warranty issue's as it was not part of the orignal contract. No matter what the complaining party state's just state your orignal proposal and be quite, that is i sold the boat in AS IS conditon.

For future reference, the verbage "SOLD AS IS NOTHING ELSE PROMISED OR IMPLIED" close's the door quite nicely.......


Strictly a opinion your milage may vary........

 

[Johnshan1]

Re: sold a boat and it busted!

Heres what I always write up when selling something:

The item is being transfered on an "as is where is basis" with no warranties expressed or implied as to the condition of the item. Furthermore, the "buyer" agrees to hold the "seller" and his heirs free from liability if any damage occurs from the use or transportation of the item sold.


I think that is a pretty good cover.

 

[atomictaco]

Re: sold a boat and it busted!

I recently bought a boat that encountered major mechanical problems soon after purchase. Prior to buying it the seller pointed out several minor issues with the boat and I feel was very honest with me. The boat ran well during my inspection of it and ran well on my first trip out, but the out drive went out shortly there after. Turns out someone had packed the out drive with grease instead of the proper oil.

Now I knew the guy I bought it from took it somewhere for winterizing and all maintenance, he did not know much about boats and was not afraid to admit it. What did I do? I repaired the boat at my cost (it was sold As-Is and ran fine when purchasing and afterward) and I notified the previous owner so he would not take his new boat to the same person and possibly encounter the same issue. I did not ask or want anything from him, just didn't want him to have the same problem with his new boat.

Since the buyer had a test drive and all went well he knew the boat ran well before purchasing. It is his problem just as my boat was my problem. Sounds like this guy needs to learn to take some responsibility instead of trying to pass it on.

When buying a used boat you assume all responsibility for repair and maintenance as soon as the transaction is complete. If your the type of person who can not realize that then buy a new boat so you can have a warranty.

 

[OMCboater]

Re: sold a boat and it busted!

I like older stuff over newer stuff in just about everything - boats, motorcycles, cars, trucks, snowmobiles (holy cow! I have a lot of stuff!) and after deciding on the purchase, the first thing is to always tune them up and change out the fluids. Reason being you never know what the PO or his mechanic did to it before you got it, that hasn't manifested into a problem....YET! This procedure also may reveal some other items which need attention that might not have been uncovered prior to buying. Actually a friend of mine has severely criticized me in the past for buying some vehicles too quickly, without checking them over too thoroughly. My philosophy is that if I want that vehicle, I want it, and it doesn't matter what needs to be done - I will do whatever work it needs afterwards.

But that is just me - I'm a very hands on kind of guy. On the other hand, someone who buys used vehicles and isn't hands on - that could get expensive.

 

[GatorTom]

Re: sold a boat and it busted!

Any update?

 

[DBall]

Re: sold a boat and it busted!

This is one of the most interesting threads I've read. I hope everything works out for ya, it seems as thought it should. It's a shame people have to act in this fashion.

Good luck, CB!

 

[John Galt]

Re: sold a boat and it busted!

Bumpkin, it seems you would feel better about it if you threw him a few bucks. I know I would and that's what I would do. Any update on this?

 

[country_bumpkin]

Re: sold a boat and it busted!

Bumpkin, it seems you would feel better about it if you threw him a few bucks. I know I would and that's what I would do. Any update on this?

Initially I might have felt better throwing him a few bucks, but after they where so quick to mention legal action I changed my mind.

At this point, not only do I not want to offer anything, any offer could be interpreted as actually having some liability in the matter. Besides I doubt that would satisfy them. They want all their money back (and return the boat), or complete repair.

Court date is a week from Wednsday, and so far it looks like I'm going. I'll definately post any updates as they happen.

CB

 

[GatorTom]

Re: sold a boat and it busted!

Had they handled it differently, I might consider throwing them a few bucks to help out. But with that b@#ch of a mom, there's no way they'd get anything from me!

 

[jtexas]

Re: sold a boat and it busted!

once they start throwing out accusations of fraud & deceit, makes it kinda hard to want to help 'em out any.

a lot of us apparently interested in learning from your experience, sure appreciate you sharing. whenever you get a chance, I'd be curious to read about your preparations for the first hearing.

thanks.

 

[John Galt]

Re: sold a boat and it busted!

once they start throwing out accusations of fraud & deceit, makes it kinda hard to want to help 'em out any.
thanks.

This is true. Well said. And good luck with the court date Bumpkin. Keep us posted please.

 

[freddyray21]

Re: sold a boat and it busted!

any news