boat I purchased is a total loss

[luvpink!]

California: We purchased a boat from a private individual. He listed it as 1993, but when he sent the title (after our check cleared) it showed it was a 1991. We took it to a boat shop to have it serviced prior to taking our family out in it. The repairs cost us 2300.00 in addition to being advised that there was a lot of dry rot in the floor. In turn we took it to another repair shop to have an estimate done for the possible dry rot. We have now been advised that the whole floor from the transom to the dash is completely bad, both of the motor mounts are loose because of the dry rot, there is nothing for the bolts to hold on to. We were advised not to take it out because basically if we hit a wake wrong or something in the water, the boat is not structurally sound enough to hold up. It is now completely useless. We contacted the individual and advised him, he says he does not have the money to pay us back. We told him we would eat the 2300 we spent on the motor/outdrive repairs, we just wanted our original 9000.00 back We don't think he was aware of the dry rot damage.
HELP!!!!!!

[CALIF-LAWPRO62]

Originally Posted by luvpink!

California: We purchased a boat from a private individual. He listed it as 1993, but when he sent the title (after our check cleared) it showed it was a 1991. We took it to a boat shop to have it serviced prior to taking our family out in it. The repairs cost us 2300.00 in addition to being advised that there was a lot of dry rot in the floor. In turn we took it to another repair shop to have an estimate done for the possible dry rot. We have now been advised that the whole floor from the transom to the dash is completely bad, both of the motor mounts are loose because of the dry rot, there is nothing for the bolts to hold on to. We were advised not to take it out because basically if we hit a wake wrong or something in the water, the boat is not structurally sound enough to hold up. It is now completely useless. We contacted the individual and advised him, he says he does not have the money to pay us back. We told him we would eat the 2300 we spent on the motor/outdrive repairs, we just wanted our original 9000.00 back We don't think he was aware of the dry rot damage.
HELP!!!!!!

My response:

Unless you can PROVE fraud on the part of the seller, you're simply out of luck. You had a duty of "due diligence" to have the boat inspected PRIOR to purchase, but you didn't. Look up "caveat emptor."

IAAL

[luvpink!]

wouldn't it be considered fraud that the person listed it as a 1993 and it was really a 1991?

[CALIF-LAWPRO62]

Originally Posted by luvpink!

wouldn't it be considered fraud that the person listed it as a 1993 and it was really a 1991?

My response:

No, he made a "mistake" - - or it was a newspaper printing error. YOU are the one who had a duty to check out ALL the facts BEFORE purchase. Didn't he show you the title? Didn't you inspect it? Didn't you have the boat inspected, first?

You've lost ALL your money unless you can PROVE he knew the condition of the boat, AND he told you it was seaworthy. You can't, and he didn't.

This same concept is the law for all things you purchase used, like vehicles.

IAAL