seller - dealer - seller scam

[tony231]

What is the name of your state (only U.S. law)? MI
Hello. Recently (yesterday) I purchased a boat from a dealer. Since then I found out through the grape vine that the boat has had a recent survey (only half because the potential buyer stopped the surveyor half way through) which I was not aware of that shows that the boat is not worth near what the selling price was, not even close. I happened to see that the previous owner's name was still on the title after the time of sale. I had asked for a copy and was told that I could not have one due to privacy laws. The broker as he calls himself told me that there was no recent survey. Consequently I had an experienced friend take a look at the boat and it passed his inspection. At that point I felt comfortable with the sale. Now after the fact, I have found out that every other potential buyer has turned this boat away because it needs major repairs. I am currently the new owner for only about 24 hours as of now. Do I have any recourse to get my money back on the basis that there was not a full disclosure because I never was allowed to talk to the legal owner before the sale unbenounced to me? (I thought that the dealer owned the boat which they did not.)

 

[Mass_Shyster]

I had an experienced friend take a look at the boat and it passed his inspection. At that point I felt comfortable with the sale.

Based on the inspection, I don't think you have any recourse.

Let me be the first to congratulate you on your new boat.

 

[tony231]

the inspection described by me was performed by a friend with boating experience. I did not pay him, it was a word of mouth and I am the only one who found out the results. The survey on the other hand, that I didn't know was performed on the boat because that information was never disclosed to me, was performed by a professional. You still would say that I have no recourse?

 

[JETX]

You still would say that I have no recourse?

Very close. What you have is 'buyers remorse'... but not buyer 'recourse'.

You should have had your friend check out the vehicle BEFORE you purchased it.

Google 'caveat emptor'.

 

[Mass_Shyster]

the inspection described by me was performed by a friend with boating experience. I did not pay him, it was a word of mouth and I am the only one who found out the results. The survey on the other hand, that I didn't know was performed on the boat because that information was never disclosed to me, was performed by a professional. You still would say that I have no recourse?

I'm not familiar with the boat buying process, so correct me if I'm wrong.

It appears that a 'condition and value survey' is another term for an inspection. It seems like it is akin to a home inspection, or an inspectionof an automobile by a mechanic before purchase.

If, as you wrote, the previous survey was not completed and was halted half way through, the broker was telling (stretching) the truth when he said there was no survey.

You had an opportunity to have your own survey done, and chose to have your buddy give it the once over.

There's nothing you've written that has changed my opinion.

 

[tony231]

New development: I have just found out that the seller did in fact have a full survey on the boat. Shouldn't this combined with the fact that he told me that he didn't be construed as a misrepresentation and as such hold up in court?

 

[Mass_Shyster]

New development: I have just found out that the seller did in fact have a full survey on the boat. Shouldn't this combined with the fact that he told me that he didn't be construed as a misrepresentation and as such hold up in court?

One of the required elements of misrepresentation is "The statement had acted to induce the suing party to contract.".

Did you buy the boat because there was not survey?

 

[cyjeff]

Okay... here is the thing...

Why didn't you INSIST upon a survey when you bought the boat?

Why didn't you PAY for a real inspection prior to buying?

In the meantime, enjoy your new boat.

 

[JETX]

New development: I have just found out that the seller did in fact have a full survey on the boat. Shouldn't this combined with the fact that he told me that he didn't be construed as a misrepresentation and as such hold up in court?

FACT???
Do you have the statement of 'no survey' in writing from the seller?? Absent that, I bet the sellers memory would be different than yours.

You still have NO case. Enjoy your boat.

 

[Zigner]

Our OP didn't feel a survey was necessary. So, even if the seller HAD said there was no survey available, it wouldn't matter