Purchased Jet Ski with unknown damage

[Matth3wJL]

What is the name of your state? Michigan

I recently purchased a 2004 SeaDoo Jet ski advertised as running flawless with cash. After taking it out on the water the first time I noticed it was not running correctly (did not accelerate past 40mph). It's supposed to top out at 80+mph. I called the seller immediately and he was unresponsive that day so I left a message. I took it out of the water and took it to the shop. They ran an entire check on the jet ski and found over $6000 (entire thing cost $7400) worth of engine damage. I have many witnesses that where there at the time of launching the ski. The seller_s story was it ran fine two weeks prior when he used it. I have recently been trying to get a hold of him the last 3 weeks. After calling him on his new cell phone (changed his number without letting me know) he answered not knowing my number and I told him about the damage. I asked if he could contact the original dealer he purchased it from and get the extended warranty added to the machine so we could solve this out of court. At the end of the call he reminded me that it worked two weeks prior to selling it. He said he would call me and let me know at the beginning of next week on Monday. He has not called me since and seems to be ignoring all my calls and letting them go to voicemail. I have not heard from him since. I asked the guys at the shop that the ski had to been run for sometime to cause as much damage as it did to the engine.

EDIT:
I forgot to mention. The seller did not have title to give me at sale. He took cash and said he would send me title about a month and a half later after he paid off the lean with cash I gave him. This was actually written in the agreement we both signed and dated. Don't know if this helps. Just thought I would mention it.

I was wondering what options I have and what are the chances of me getting something positive from this?

Thanks for taking time to help me.

[Zigner]

What written guarantee did the seller give you?

[racer72]

I'm the judge. Prove to me you did not cause the damage after you bought it.

[Matth3wJL]

Originally Posted by racer72

I'm the judge. Prove to me you did not cause the damage after you bought it.

The damage that was sustained to the machine would have taken many hours of riding it as it did. The problem is very common on this model of machine. (After Researching) Hours when I purchased where 57 now they are 59. After first putting into water machine did not start and needed a jump. After jumping and heading out into the water I have numerous witnesses who where there and watched me open the throttle on the machine and it did not accelerate past ~40mph. It was the first and only time I took the machine out on the water. After returning home I had it taken to the shop to be inspected.

The seller is totally unresponsive and ignoring my calls and purposely avoiding me.

The agreement said that he gave me ownership of the machine and the title will be held by him until the lean is cleared then it will be sent to my address. Says he has accepted a cash offer of 7400.00 and within three days of business will send that amount plus the additional 2000 to the lender of ge money bank. This bill of sale acknowledges that seller has received cash offer and that I have took delivery of the sea-doo.

[Matth3wJL]

Originally Posted by racer72

I'm the judge. Prove to me you did not cause the damage after you bought it.

I'm not sure what type of proof would be needed?

[Zigner]

My point is this was an as-is purchase. You should have test-driven (ridden) it BEFORE you bought it.
Caveat Emptor

[Matth3wJL]

Originally Posted by Zigner

My point is this was an as-is purchase. You should have test-driven (ridden) it BEFORE you bought it.
Caveat Emptor

I was told the machine was running flawless. My brother was with me when I purchased. He never once stated there was $6000 worth of damage internally. His "story" was that it ran fine 2 weeks prior. But he doesn’t deny that he did the damage.

There has to be something I can do

[CraigFL]

It's just like an "AS-IS" car purchase. It's your responsibility to have it checked out before you buy it. The only thing a seller can be held liable for is if they make specific warrantees like -- " I guarantee it will last a year" or "It will have no problems the first summer you use it" and even these are disputable if they didn't put it in writing.

The sad part is that most things ran well 2 weeks before they broke down....

[Zigner]

Originally Posted by Matth3wJL

There has to be something I can do

You can jet-ski slowly.....

[Matth3wJL]

Originally Posted by Zigner

You can jet-ski slowly.....

Would it be worth my time taking him to court..

The title is still under his name as he signed it and sent it in the mail to me.