sold a boat and it busted!

[papasage]

Re: sold a boat and it busted!

i would be there with bells on . if you loose you can appelit to a higher court . . file a counter suite aginst them for your expences

 

[jaurora]

Re: sold a boat and it busted!

This is one hell of a thread. I would turn around and counter sue them for at the very least a days pay. Then start working on all of the emotional distress that this has caused you and your family, the harassing phone calls. I would make this court date in your favor!

 

[EricR]

Re: sold a boat and it busted!

jaurora, it is well and dandy to say you are going to countersue for all kinds of stuff, but YOU waste days of time off work pursuing something against somebody that does not have anything to take (cannot get blood from a stone) and lives miles away. It's not worth it, makes for great rhetoric, but that's it.

I have a suit pending. Bought some automotive parts from an individual on an internet bulletin board just like this. They advertised a group purchase on the board. It was a kit they had to fabricate. I sent money, got updates on progress, long story short, never got anything.

Guy did not set out to rip me off, but from what I gathered had some financial difficulties and a work related injury. Instead of coming clean with me and just telling me he could not deliver and did not have my money and working out a repayment plan, he disappeared....meaning he sold the type of cars he was tinkering with, and re emerged on other message boards for other types of cars, still using the same user name.

I have spent probably 50 hours on the internet researching to find the person's location (physical adress) and gathering all the emails, the web postings, cutting and pasting after printing out, highlighting sentances and dates, typing up the case. Then took a vacation day, drove four hundred miles round trip to file the case in the state and county of residence.

Now I have to take another day off to travel the 400 mile round trip again to go to a pretrial conference. If that goes to trial, I go again one day......

My case is clear cut,he owes me money, but Countrybumpkin trying to sue these people for heartache and stress as you suggest? Waste of time! Cut the losses.

 

[GatorTom]

Re: sold a boat and it busted!

EricR,
This case is a little different since he is already being sued and has to travel there anyway. It is being suggested that he counter sue. This would be handled at the same hearing. (Haven't you ever watched People's Court? ) Granted you can't get bllod from a stone, but several things could happen. The judge could set up a wage garnishment, etc.

I think he said the court date is the 29th. So, we probably won't get an update until after that.

 

[EricR]

Re: sold a boat and it busted!

Yes I have watched "Peoples Court" and in fact way back in high school had a class involving that show and trying cases in the classroom.

But I have not neen in an ACTUAL court like that.

Let's say the Plaintiff's loose, MAYBE the judge will bang his gavel and say "You know what? YOU pay the defendant his travel and aggravation costs!!"

But more than likely, he (COuntrybumpkin) will have to take his paperwork with the judge's decision, go back out of the courtroom, file a new case with the clerk of court, pay all his filing fees which vary on the amount being sued for (I paid $155 in Alachua county FL for an amount between 500-1500) then go home and wait for that letter notifying him of his new court date. Then he'll have to show up again and go through it all over again.

This is great if one is unemployed and lives two blocks from the court, but most of the time this is not the case.

 

[redfury]

Re: sold a boat and it busted!

The only good a counter suit could do is get the other party to drop their case against him. The fact that he sold the boat in good faith, got paid, and the new owner blew the motor up simply adds up to someone trying to get him to pay for their mistakes. Ma's probably what I like to call a "professional victim" and none of them believe in personal responsibility, which is why they are pushing this to court. When they lose, they will most likely complain to the judge about how unfair it is.

 

[watermellonI]

Re: sold a boat and it busted!

AS IS and I would have one last conversation with them, they hve now invested in a project boat, I think they re trying to GUILT you into replacing a spoiled childs toy.

My last conversation would be "you can fix it at iboats" and "I ll see ya in court"

Then let it go and enjoy your sail boat.

 

[argiceswed]

Re: sold a boat and it busted!

This is like the best soapoppera!


If you buy a boat "as is", which generally happens when you are buying a used boat through a private person, rather than a dealer, then there are no express or implied warranties.

When he signed the bill of sale and gave you the money the boat became his, and is his responsibility not yours.

A motor vill give many warnings before it gets totaly toasted, by the meanings of meters, warning lights (if fitted) and how it sounds.

One can almost guaranty that something breaks down or fails to work soon after he/she buys a used boat (or a car). Its Murphys law. It is becaust they havent gotten the feeling for it yet. Until you get the feeling for it you have to take it easy and learn to scan and listen.

Wish you all the luck (not that you need it, the law is on your side and so am I).

 

[4Winns2]

Re: sold a boat and it busted!

I had a similiar, if not the same, experience a few years back when I bought my 90' Four Winns with a 4.3 OMC. Saw it sitting there in late October on the side of the road and the owner cleaning the hull. Got to talking and told him I liked the boat but couldn't afford having been recently married with kids as part of the package. He said no problem and that he would take installments for the boat so I drew up a contract and we both signed.

Now, I've been around inboards and boats for over 40 years so you'd think I would have known better to put a clause in that the whole contract relied on a successful sea trial. I made the big mistake of trusting this guy.

Long story short, paid the entire amount on installments over the winter: boat paid for. Hooked her up to the muffs in the spring and before even turning the key I could hear water coming out of the block- -ouch! Called him and he seemed to feel geniunely bad about this. Said he would help by hooking me up with a 4.3 chevy block truck engine (that's all it really is) and have his mechanic give me a good rate to flip engines.

I checked to see if there was any recourse on all of this and my research told me that I'm biting the bullet on this transaction. In the end, I went elsewhere and paid 2.7k, engine and labor, to flip a remanned long block. Now, I'm upside down on the boat but it doesn't matter all that much (my pride over this isn't in the best shape though) since I'll never sell it. Also, I know I have new and reliable engine- -been running great for 3 years. The rest of the boat is in great shape and I got reminded of the lesson I knew but didn't practice on this one: can you say sea trial? Not proud of myself but sometimes as smart as we think we are, we all make mistakes. And, I knew the risk I took and the responsiblity behind it- -this kid should learn the same for future years.

You didn't misrepresent anything. Unfortunate that this happened but maybe he has learned a few things from all of this. Best of luck in court; not that you need it. In my humble opinion, this one is a slam dunk in your favor. Sorry for the long post- - it hurt my pride to tell my story but I think I've freed my demons within. Take care and keep us all up to date; I've been following your story since its inception.

 

[ANIMAL]

Re: sold a boat and it busted!

Feel bad all you want but don't give him a dime back {you don't know what he or one of his buddys he let drive it did to it} and remind momma that if she wants to sue the loser pays for the lawers. Don't know about where you are at but in Oklahoma {and in most states...thanks to used car dealers} you have them by the nad's. If you give any money back as soon as he gets it back and hits an underwater stump the boat will have a bad bottom you didn't tell them about. Kids have to learn lessons and thats one of them...ANIMAL

 

[jeeperman]

Re: sold a boat and it busted!

Good Luck tommorrow CB!

 

[argiceswed]

Re: sold a boat and it busted!

Giv?em Hell tomorrow. We?re supporting you.

 

[Apathetic]

Re: sold a boat and it busted!

Good luck CB, we're pulling for ya.

 

[snowback]

Re: sold a boat and it busted!

We all wait with bated breath

 

[Scoop]

Re: sold a boat and it busted!

Good luck GB. May justice prevail and the judge lay into those lawsuit happy idiots.

 

[Gary H NC]

Re: sold a boat and it busted!

Todays the day! Good Luck CB...We all are rootin for ya!!!

 

[loppster]

Re: sold a boat and it busted!

I would love to see this on Judge Judy.....She would ask the buyer if there was a warranty with the boat...his response..no...she replies...SOOOOOO, TOUGH LUCK....

Country you should win hands down.

 

[4Winns2]

Re: sold a boat and it busted!

Best of luck today. That mom is going to wonder why she ever pursued this thing in the first place.

 

[RustyC]

Re: sold a boat and it busted!

CB Best of luck today. Hope all goes the way it should

 

[artic-z]

Re: sold a boat and it busted!

UPDATES MAN WE NEED UPDATES!!!!!....good luck...