sold my boat sat then the guy called me something broke

brianis

Petty Officer 3rd Class
Joined
Aug 3, 2011
Messages
89
so I sold my boat sat and today tue the new buyer called me because he was on the water having trouble getting it into gear so I basically said what I think could be wrong but I never had one issue with that and I stated that to him when they bought it they saw it run everything I told him he needs to take it to the boat shop and get the idle fixed. so while I was on the phone he got it into gear so he called me back a hr later and he said they were heading in and something broke in the lower unit. So I told the guy I feel horrible but I in no way screwed them or sold them ****. He said he didn't think that but where am I at legally can he come after me He paid me $2500
 

blaketeg

Recruit
Joined
Jul 9, 2013
Messages
3
Re: sold my boat sat then the guy called me something broke

Unless you sold it with warranty than no he cannot. Everything is sold "as is " unless specified otherwise. He may try and threaten you but legally cant do anything.
 

brianis

Petty Officer 3rd Class
Joined
Aug 3, 2011
Messages
89
Re: sold my boat sat then the guy called me something broke

that's kinda what I thought im pretty sure we have all bought something used and something broke yeah we are pissed but as is. The guy did tell me he has never operated a boat.
 

DAN M VAGOS

Petty Officer 1st Class
Joined
Jul 11, 2008
Messages
363
Re: sold my boat sat then the guy called me something broke

There is no way you can give a warranty on something like a boat that all it takes is one f-up to totally destroy it. Now I believe a car is different there are implied warranties in most states.
 

brianis

Petty Officer 3rd Class
Joined
Aug 3, 2011
Messages
89
Re: sold my boat sat then the guy called me something broke

like I said I never had problems I had it out many times my daughter gf dog all of us in there no tranny issues battery issue I feel bad but not responsible
 

matt167

Rear Admiral
Joined
Sep 27, 2012
Messages
4,150
Re: sold my boat sat then the guy called me something broke

boats break. It's just what happens and you have no idea what he did to it.Could have had it on a fast idle warm up and kept slamming it into gear. That would make it hard to go in gear, and break it.

I had a 1965 Rambler that I sold to a younger kid and fully explaning to him what it needed ( rebuilt front suspension as the trunions were seperating ) and made up 2 copies of a bill of sale, explaining as is- where is, no warranty expressed or implied. Kid field hopped it with the worn suspension ( actually seen him as he lived not far away ) and busted the trunions right out of it. At that point, the car is probably not even fixable .. His dad calls and tells me it completly broke and asked what to do. I told him to visit the AMC mechanic in town and it would probably cost $600 for rebuilt trunions without a core. Even told him where to source the parts.. Few days later he calls and asks if I can do the work for free and I told him no.. Weeks go by and he sees me in the grocery store and asks me to buy the car back for 1/2 of what the kid paid, and I turned him down... Later I see a Craigslist add for the car, for more money than the kid paid.. In the end, he had several chances to sell the car to AMC collectors for $5-600 but turned each one of them down wanting $1,500. He paid $1,200 and his dad scrapped the car about a year later.
 

Frank Acampora

Supreme Mariner
Joined
Jan 19, 2007
Messages
12,004
Re: sold my boat sat then the guy called me something broke

My friend and I actively buy and sell engines. We Jokingly offer a 30-30 guarantee: 30 steps or 30 seconds. While we do try to be responsible and help people who have trouble with our engines, we simply can not be responsible for what they do after an engine leaves our control. ALL sales are as-is and the buyer is made to understand this.

Now, that said, we had a Suzuki 4 cycle that ran very well when we tested it. We sold it and immediately had problems on the buyers boat on the water test. Turns out that right at that time it broke a ring. We never turned the engine over to the buyer, removed it from his boat and are repairing it. The buyer still wants it ( Beautiful 2003 three cylinder 4 cycle 30 HP with power trim/tilt and a factory new lower unit) We are absorbing repair costs because the problem occurred during delivery testing--hey--That's the breaks. You win some, you lose some.
 

greenbush future

Lieutenant Commander
Joined
Aug 28, 2009
Messages
1,814
Re: sold my boat sat then the guy called me something broke

I can't see any problem with the buyer asking you for help, but I also don't have any issue suggesting the boat was sold as is and explaining to him; no thanks. In that price point and age of used boats, it is the buyers responsibility to inspect and decide if the boat was worth the price. It is not your job to offer a warranty on a used boat.
 

Home Cookin'

Fleet Admiral
Joined
May 26, 2009
Messages
9,715
Re: sold my boat sat then the guy called me something broke

Here's the real story: "The guy did tell me he has never operated a boat. " No telling what he did. And non-boaters have no idea how much work a boat is or that they constantly have issues to deal with.

I knew an old lawyer who would tell his clients, "We can't keep people from suing you but we can keep them from winning." So in any deal gone wrong, the other guy can always take a shot at you even if he doesn't have a case. It's always wise to at least take the call, be sympathetic, calm them down, maybe help out some if it makes sense--could save you time and aggravation in the long run.

Of course the best course is to have a clear bill of sale signed by everyone stating "as is" "no warranty" and reflecting that the buyer had ample opportunity to inspect. If you give them a short "test warranty" be specific that it's only for major mechanical issues--so you don't get dragged into what's known as "buyer's remorse." Which is often, in boats, from wife-rejection.

I agree with the comment that there's nothing wrong with a buyer calling back with questions and it's nice to help them out; you know the boat way better than they do.

I also like someone else's line about a "tail light warranty": the warranty that lasts until I can't see your tail lights.
 

BF

Lieutenant
Joined
Apr 8, 2003
Messages
1,489
Re: sold my boat sat then the guy called me something broke

If he calls back, nicely tell him that if you were intending to provide a warranty, the price would've been a lot higher than what he paid. Did you write out a bill of sale? If you didn't write one out and put "as is, where is"... realize that you should have. (but still don't make this your problem)
 

agallant80

Commander
Joined
Oct 25, 2010
Messages
2,328
Re: sold my boat sat then the guy called me something broke

Who knows what happened to the boat once it was out of your sight. I remember the first boat I owned and how little I knew about it. I did not even know that you can't run it out of the water or without a hose.
 

Maclin

Admiral
Joined
May 27, 2007
Messages
6,761
Re: sold my boat sat then the guy called me something broke

At this point all you have is a non-boater's description of something they think is wrong. Could be the prop, could be anything. They need to take it to a service center as you suggested. Whatever it is may not be all that bad, but none of it is on you for sure.
 

Maclin

Admiral
Joined
May 27, 2007
Messages
6,761
Re: sold my boat sat then the guy called me something broke

And regarding Warranties or Guarantees, The only thing guaranteed right now is they are not telling the whole story :)
 

agallant80

Commander
Joined
Oct 25, 2010
Messages
2,328
Re: sold my boat sat then the guy called me something broke

For real. They spent $2500 on something mechanical. Anything that is mechanical for $2500 should be expected to break. Just be thankful you did not sell it to a friend or coworker.
 

mrallen007

Petty Officer 1st Class
Joined
Aug 19, 2010
Messages
234
Re: sold my boat sat then the guy called me something broke

Something similar happened to me. Except I was the buyer. I bought a "Lake Ready" boat from a friend's father. To make a long story short the test drive went great and then I brought home a lemon. The engine died the first time out and has never run right since. The stringers were rotten as was much of the deck, cleverly hidden with new upholstery. It wound up being trash and is acting as a giant rain gauge in the alley behind my house.

Here's the point. I was the one who was at fault. I should have been better prepared to evaluate what I got before I got it or I should have brought someone with me who was. It was my fault I got something that didn't work. And I never expected to be able to go back to the man who sold it for any money, refund, warranty work, or anything else. When someone buys a used anything from an individual they better do their homework to know what their getting because it's not the sellers responsibility once the deal is done.

That's my opinion anyway. You are not liable. As Home Cookin said, he may take a shot at you to see what he can get from you. I say hold your ground and let him know he's out of luck. For one thing, it doesn't sound to me like he's dealing with you with the utmost integrity or professionalism in the first place. I'm not sure how bad I'd feel for someone threatening to sue me for something that's his fault. And most people will threaten to sue and never follow through.

I knew I was buying a used boat with no guarantees or warrantees expressed or implied. When I got burned, I took the accountability of that on myself. So should he.
 

brianis

Petty Officer 3rd Class
Joined
Aug 3, 2011
Messages
89
Re: sold my boat sat then the guy called me something broke

so the new owner did call me today so I politely returned his call I had given him a boat repair shops phone number that I have dealt with he told me he spoke to them and they steered him in the direction of the lower unit gear oil he told me he drained it and nothing but water was in it. So I told him I in no way sold him a boat that I knew of anything broken etc. He said he believed me otherwise I wouldn't have returned his call so he went on to ask how we could make this right so I stated that I don't know what he did after he left my house but its out of my hands. I told him I would do whatever I could to help him out but in no way am I agreeing to give money back or supply him money. He said the boat shop was booked till aug and he was going to start tearing it down fri so I told him it would probably be wise to wait for the boat shop since they no quite a bit more than him. I have a feeling that he will become a pita and I will have to tell him to kick rocks
 

V153

Lieutenant Commander
Joined
Apr 16, 2011
Messages
1,764
Re: sold my boat sat then the guy called me something broke

'Round these parts folks selling used vehicles offer what's known as a 'Waver' warrantee. Wave goodbye to the buyer as he pulls outa the driveway ...

Seriously, who knows what he or she will do next. If, unbeknownst to you, the gearcase was fulla water? Shame on you, but so what! It was the buyers responsibility to check the oil before purchasing the boat.

I can tell you from experience that 99% of the time the damage/failure is caused by something done by an inexperienced new owner/operator. Try running a boat & Jet Ski rental business for awhile and then you'll know exactly what I'm talking about. It's NEVER their fault.

Been in this game a long time and I would bet my vast family fortune (2$) that the buyer screwed up. He and/or his wife won't let him admit it. So they're aimin' at you instead.

Feel bad if'n ya want to but if what you've told us is true I wouldn't feel any 'remorse'. Should the buyer get mouthy, or threaten you in any way? Politely tell him to go pound salt ...
 
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