purchased used boat--seller lied about condition

What is the name of your state?What is the name of your state? AR My Dad purchased a used boat within the past 30 days in MO, and lives in AR. When asked about the condition of the boat, the seller specifically told him that the engine block was not cracked. Dad purchased the boat & after using the boat and having nothing but problems, now we found out the block is cracked, after all. Dad has to replace the whole motor & the boat is unusable until he does so. It has been a huge money pit so far. Is there any legal recourse?

[I AM ALWAYS LIABLE]

Originally Posted by Stacey76

What is the name of your state?What is the name of your state? AR My Dad purchased a used boat within the past 30 days in MO, and lives in AR. When asked about the condition of the boat, the seller specifically told him that the engine block was not cracked. Dad purchased the boat & after using the boat and having nothing but problems, now we found out the block is cracked, after all. Dad has to replace the whole motor & the boat is unusable until he does so. It has been a huge money pit so far. Is there any legal recourse?

My response:

What was the date of purchase?

What was the date that the engine block was found to be cracked?

How many times had your Dad used the boat before he discovered that the engine block was cracked?

Before your Dad bought the boat, what did the boat mechanic say about the condition of the engine?

IAAL

[I AM ALWAYS LIABLE]

My further comment:

Well?

IAAL

The boat was purchased June 1. The block was discovered to be cracked June 26. He took the boat out aprox. 4 times. He had problems from the very first time he took it out. Before purchasing the boat, Dad was told that the seller had neglected to winterize the boat but that the engine ran good and that the block was not cracked, but the water jacket was.

[I AM ALWAYS LIABLE]

Originally Posted by Stacey76

The boat was purchased June 1. The block was discovered to be cracked June 26. He took the boat out aprox. 4 times. He had problems from the very first time he took it out. Before purchasing the boat, Dad was told that the seller had neglected to winterize the boat but that the engine ran good and that the block was not cracked, but the water jacket was.

My response:

In a nutshell, your father is stuck. The seller could have lied through his teeth, by extolling the wonderful virtues of the boat and its engine. It all doesn't matter.

What matters, under the law, is that your father had an opportunity to check the seller's stories and promises by having the engine inspected before your father plunked his money down. In the law, we call this "Caveat Emptor" - - Let The Buyer Beware.

If your father failed to have the engine inspected by an expert boat engine mechanic to determine the condition of the engine, then it's no one's fault other than his own. This is the law in every State.

IAAL

[JETX]

Of course, I agree completely with IAAL..... and offer the following for other persons who might find themselves in the position of purchasing some used boat or car.....

When the salesman tells you "Hey, the block is NOT cracked", simply make sure that they put that 'claim' in the written agreement. Simply, treat anything that the seller says as a lie.... until either you have a mechanic verify it, or you have the seller put it in writing. Then, if the 'condition' report is in writing, you at least have something to show the court if needed.

Don't misunderstand, this written 'claim' would not apply to 'puff' statements like.... 'this vehicle is in cherry shape, only driven to church by a little old lady'.
It would only apply to material statements of fact.