seeking legal advise on lawsuit

What is the name of your state?What is the name of your state? Tennessee

Hi. I am seeking legal advise on a purchase I made this past weekend. It was for a 1986 Venture bass boat. The ad stated that the “motor runs great” and under the sellers payment instructions it says “No refunds, unless item is misrepresented.” Well it turns out that the motor does not run great, in fact it hardly runs at all. It will not idle and misses and jerks really bad. I dropped it off at a dealership to get their opinion on the motor, right away they think the issue is in the carbs but are going to do a complete check on the motor. I tried contacting the seller and I told them how bad the engine ran when I took it out on the lake and that I felt the item had been misrepresented and would like a refund. The said they didn’t think it was since it was a 1986 Venture boat. After the dealership I am going to give them one more chance to refund my money, if they will not I would like you opinion on if I you feel that I could win a lawsuit against them to get a refund, I have the original ad and I will have a statement from the dealership. The bill of sale they wrote up also doesn’t say the boat is being sold as is or without warranty, im not sure if that matters or not. We live in Nashville TN, does anyone know what the limits are in small claims court here? The boat wasn’t much money, just $2650

Thanks,
Wayne

[BL]

I don't know about Tenn. , but I once bought a car in NY. The AD stated runs and drives excellent.

Well It didn't . I took it to court to sue for the purchase price on the theory of Misrepresentation.
Even though the sales receipt said nothing about "AS-IS" , the Judge ruled in the defendant's ( seller) favor , because I had the opportunity to have it inspected before I paid for it and did not.

It fell under the buyer beware Law.

Although in some situation the Buyer beware Law,has taken a reverse ,and is "seller Beware" .

This sale seems to have included the clause "No refund unless misrepresented".
That may work in your favor.
The mechanic's statement that something is wrong,or it does not run right probably won't be sufficient.
You need a proper Estimate of diagnoses and cost of repair.

Once you have that estimate , you can present it to the seller in a demand letter asking for the repair/estimate cost ,if lower than the purchase price, or refund.
Of course If it's higher than the purchase price a demand for refund is more appropriate.

If he refuses to pay or refund, then filing fees for small claims actions are small.
Go for it .

[JETX]

Originally Posted by 2waynew

does anyone know what the limits are in small claims court here?

Tennessee small claims limit is $10,000, so that wouldn't be a problem.

However, in my opinion, you have little if any chance of recovery in court. The principal of law that BL alluded to is called 'Caveat Emptor', which simply means that YOU, as the buyer, have an obligation to be aware of what you are purchasing and its condition. As such, you should have had a mechanic review the condition, or included such a clause in your purchase agreement, BEFORE you purchased the boat.
You failed in your 'due diligence' before the sale.... and will likely have to accept the boat in its condition.

As for the sellers representation that the motor 'runs great', that is NOT a mechanical warranty, but is simply the sellers 'opinion'. You can rely on it... or deny it in your evaluation of the item. There is no reason why you couldn't, or didn't, ask that the motor be run in your presence BEFORE the sale.

I am almost willing to bet that this is your first boat you have purchased, right?