Sold Boat

[mcarroll]

What is the name of your state? Colorado - purchaser lived in New Mexico

On June 10th, we (in Colorado) sold a boat to someone who lives in New Mexico. They drove 6 hours to come pick up the boat (this was the first time they had seen the boat). They didn't ask to take it out on the water, have it looked at by a serviceman, etc. They asked that I accept an offer for $12,500 ($1,000 cheaper than what the asking price was on the boat). I obliged and when they came to pick up the boat, my husband explained the ins and outs of the boat, we exchanged money for titles (boat and trailer) and they were on their way.

The following Monday, I get a call from the person that purchased the boat indicating that they had taken it to Arizona and ran the boat on the water for 3 hours. They then pulled the boat out and took it to a marina to get the oil changed and they were told that there was a crack in the engine probably caused by improper winterization. We used the boat for two years, have all the records of proper winterization at the marina in which we purchased the boat and the boat was in storage for the rest of the 3 years that we owned the boat. My husband called the marina to discuss what could be done to fix the boat. The gentleman said that it could be welded or a new motor could be put in. We asked for estimates of each. We offered to help the people with the cost that it took to weld the cracks ($1500) but they said they were told that wasn't recommended because there could be further damage and they asked for us to pay for 1/2 the new engine cost or take the boat back. We told them that the most we would do would be to offer to help pay what we sold them, that we wouldn't pay to put a new engine in. . . and we weren't take the boat back.

Since then, he's talked through his lawyer. The lawyer told me they wanted to settle outside of court and I told him the same deal. Now I feel that they've threatened to take me to court, I should resciend all offers. I feel that I was being more than accommodating in offering to fix what we sold them and that due to the "Buyers Beware" law in the state of Colorado, I didn't owe him anything. I learned this after doing some research on the internet. When I told him that, he told me that his lawyer had told him that he had a case due to "unjust enrichment". I have no clue what this is or if it even means anything.

I've had several people tell me that we don't owe him a thing because once he purchased the boat, it was his. I wanted to do the right thing because we had no idea that anything was wrong with the boat when we sold it, otherwise we would have disclosed it or had it fixed before selling it. I just don't feel that we should be responsible for paying for a brand new engine for the boat. Since they're threatening court, I'm tempted to not offer anything.

I've never had to consult legal advice before and have no clue what my rights are or what the next steps should be. Advice please!

[djohnson]

I wouldn't offer anything unless you offered a guarantee on the boat. They had the option to have it checked out before purchasing. It is not unjust enrichment. Unjust enrichment is if you keep the money and take the boat back. You are double compensated. In this case you are not. Also beware this is a scam that happens also. May not even really be anything wrong with boat and you are talking to a cousin. May not even have a lawyer and your talking to an uncle. Not that this is the case, but it happens. I say tell them to stick it. To get anything they will have to sue in your state. When you get that notice then do something. Until then tell them to pound sand.

[teflon_jones]

The buyer should have checked out the boat prior to paying for it. You're not liable for anything.