Put $100 down to save

[stevehendo34]

What is the name of your state (only U.S. law)? Wisconsin

Late last fall I gave someone $100 to hold $2000 pontoon boat to April 15th.
I no longer want it, because I realize it is not worth it.
I am willing to forfeit $100.
Can he sue me for $1900 balance due in small claims court?

Should I just ask an attorney?

 

[tranquility]

It depends on many things. The most important is the written memorization. (I was going to say the written contract, but changed. Even then, I don't think my word quite correct.) Another thing is what was said and understood between the parties.

With the dearth of information, I think an option contract was created. I could also assume a full contract. Again, depending on the exact words.

What did you think you were doing when you put down the money? What did the renter think?

 

[stevehendo34]

written memorization

"Received $100 to hold boat motor trailer non refundable 1900 due at pickup before April 15th."
Signed by both parties.

There is also a dodge out in the paper work saying motor must run and have compression.

Anything else dose not matter because it is all just interpretation.
This is small claims court area in Wisconsin which isn't even binding.
He would have to take it to full blown civil court and probably hire an attorney.

 

[quincy]

What is the name of your state (only U.S. law)? Wisconsin

Late last fall I gave someone $100 to hold $2000 pontoon boat to April 15th.
I no longer want it, because I realize it is not worth it.
I am willing to forfeit $100.
Can he sue me for $1900 balance due in small claims court?

Should I just ask an attorney?

Have you already told the pontoon boat owner you no longer want the boat? If so, what was his reaction?

Was the pontoon boat owner actively advertising the boat (online, in a newspaper, wherever) when you approached him to hold the boat for you until April? If so, did the boat owner pull his ads after receiving your $100?

The pontoon boat owner can always attempt to sue you for the balance owing on the boat. Anyone can sue. Whether the boat owner could win a suit and collect from you the $1900 depends on the terms of the contract that was formed and how the contract was formed. ALL parts of the written contract can become important.

Many boat owners will start advertising their boats at the end of a boating season (fall) in hopes of not having to store the boats over the winter and in hopes of having the boats sold before the next boating season (spring). By April, many who wanted boats have already purchased them.

Asking an attorney in your area never hurts (except financially a bit ).

 

[stevehendo34]

I decided to just take a shot and ask him to call the thing off and keep $100, witch he was glad to do

I suppose legally he might have considered it a contract and demeaned $1900.

 

[quincy]

I decided to just take a shot and ask him to call the thing off and keep $100, witch he was glad to do

I suppose legally he might have considered it a contract and demeaned $1900.

Well, that is a relief to you, I'm sure.

Yes, legally he might have had a legitimate action to pursue against you. It is nice you don't have to worry about it now.

 

[Zigner]

Glad it worked out for you...