What should I do? (Ethical advice)

[lester]

I was given a 14' Alumacraft jon boat from a local university that used to be used by their rowing team as a coaching boat. The boat was in pretty bad shape...looked like they had ran the thing through the rapids near the university a few times. Anyways the boat had been sitting in a university parking lot for over 3 years and I figured I'd email the rowing team and see if I could have it to fix it up. They responded telling me that I just needed to come in a sign some paperwork and it was mine. I went and signed a "waste removal" document that acted like a bill of sale clearly stating I did not pay anything for the craft and it came "as is". I had to borrow a truck to go get the boat. I took it home and spent the afternoon hammering out the sheet metal, patching holes, sanding it down and had just gotten the paint and am planning on painting it tomorrow morning. I had gotten the boat to give to my father as a Christmas gift as he has always wanted a jon boat to use with his "fishin' buddies". I got back from the hardware store and saw I had an email from the Recreation Dept Head(the guy who signed the agreement) letting me know that the University's legal counsel orginally agreed to let the boat go, and now they have changed their minds(over a week later) and agree that it is too much of a liability to give the boat away. The email also said they are going to just cut it up for scrap. I've already repaired the boat to the point where it doesn't leak and all it needs is a new coat of paint and its ready to go. I feel guilty sending it to be cut up and put in their scrap pile, where I'm sure it will lay for years. I'm already invested in the boat. I know this might come across as a jerk move, but I was taught when you give something away, you give it AWAY. Any advice?

 

[cdnfthree2]

Re: What should I do? (Ethical advice)

I'd want to tell them that because you've signed the paperwork and invested the time into it that your not giving it back. I know that since no price was paid, they may be able to claim that it is still theirs. But that probably won't happen since they just want to cut it up. They are just looking out for themselves legally. Perhaps you could sign a piece of paper holding them "blameless" for any damage that may result from them giving it to you.

 

[ob]

Re: What should I do? (Ethical advice)

Well if you already signed a waste removal document and they let you take the boat,I wouldn't think they would have any legal recourse in requiring you to return it.That said ,if the only issue the school may have in dispensing the old boat to you is one of liability,perhaps you could have them type up a waiver for you to sign.Otherwise at this point it sounds like a done deal so far as legality of you owning it is concerned.Unless of course the disposal document you signed stipulated that the item "must" be disposed of and not for use.

 

[cpubud]

Re: What should I do? (Ethical advice)

you have a reciept for it right ? you have put time and money into it already. its yours . now if you felt like selling it back to them then thats up to you.

 

[JB]

Re: What should I do? (Ethical advice)

Get a lawyer to read the "waste removal" document. If it is a contract, tell the school that it will have to reimburse you to breach that contract.

 

[mickjetblue]

Re: What should I do? (Ethical advice)

Sounds to me like they are trying to hustle you into a sale.

Kind of an after the transaction type of flim-flam.

Email is not legal tender for documentation, like regular paper mail is.

I'd tell them where to go, only in a nice scholarly way, by email.

 

[jsfinn]

Re: What should I do? (Ethical advice)

Donate it back to them if they will name a library or building after you!

That boat is YOURS.

Maybe offer to sign a hold harmless waiver for them. Then everyone sleeps well at night.

 

[puddle jumper]

Re: What should I do? (Ethical advice)

I bet the guy who let you have it is in big kukca over it. Liability is huge thing when any institution is involved. All it would take is for you or your father to fall out of it and you could sue on the basses that the institution new that the boat was in bad shape.

 

[Drowned Rat]

Re: What should I do? (Ethical advice)

Tell them you already took it to the aluminum recyling center. And then donated the money to charity.

Just kidding, JB's advise is sound although I would hate to pay a lawyer to resolve this.

 

[WizeOne]

Re: What should I do? (Ethical advice)

I'd ignore the email. You have a valid receipt. If they press you further tell them that they can have it back for xxxxx$'s, representing the work you already put into it. They don't have a leg to stand on.

Also tell them they should quit letting Lawyers run their lives. The last thing I would do is go out a pay a wolf to protect you from a wolf.

 

[jbjennings]

Re: What should I do? (Ethical advice)

The key thing I saw in your post was that the Univ. attorney first said it was okay, then a week later changed his mind. Poot on him. And most important to me, the rowing coach who was a good guy can't be held responsible in any reasonable way because he did everything right by asking the attorney before telling you to get it. So my opinion-- ignore the email and enjoy your boat. That's rotten of that attorney and he should be ashamed for pulling such a stunt. I would agree to signing the paper holding them blameless if something happens, but the attorney for the Univ. should have mentioned that to you instead of asking for the boat back so they could cut it up. You are totally in the right for wanting to keep it. I am curious though, how are you going to get it registered with just that "waste removal" document so you can use the boat? Is the government that easy in your state as far as registering boats?
good luck with it,
JBJ

 

[roscoe]

Re: What should I do? (Ethical advice)

Tell them the boat has already been cut up and turned into the recycler.

 

[SS MAYFLOAT]

Re: What should I do? (Ethical advice)

I would almost bet that there is a person on the payroll at the school (maint dept) that was planning on getting the boat to scrap out. They probably didn't know that it was going to be just given away. Now that it was given away, that person that was wanting it is PO'd.

There is a Indian Givers law. Once given away, it cannot be taken back.

 

[tashasdaddy]

Re: What should I do? (Ethical advice)

offer the $1.00 for the purchase of the boat. just to end it. i agree it is your boat. recycling is recycling, whether cut up, or repaired and put back into use.

 

[Carphunter]

Re: What should I do? (Ethical advice)

Tell them it sunk.​

 

[aspeck]

Re: What should I do? (Ethical advice)

....and 6 people drowned, and they will be sued if they don't back off!

 

[bowman316]

Re: What should I do? (Ethical advice)

that is just redicilous that the school can be held liable for a boating accident, after giving a boat away. That would be like a car dealer being sued for selling a car, that someone wrecked.
Boating is fairly dangerous, and when you give a boat away, that person knows that.
We have some stupid liability laws in this country.
If i was a judge, i would not even let something like this go to trial.

 

[thurps]

Re: What should I do? (Ethical advice)

Lester, I think you have just hit the jackpot. They have admitted in writing that they gave you an unsafe vessel. Take it out on the lake and fall out of it like puddle jumper sugested. Make shure you leave your cell phone on shore so you can call your lawyer.

 

[Mark42]

Re: What should I do? (Ethical advice)

The boat is legally yours. Ignore them.

I'm not an attorney, but I pretend to be one on the internet.

 

[mthieme]

Re: What should I do? (Ethical advice)

Tell them you sent it off to be recycled.