Sold Boat; Now Buyer is Threatening

[velissa_w]

What is the name of your state? Washington

What should our next step be:

We sold our family boat in a private sale on May 5th, then on June 4th we started receiving a bunch of threatening emails from the buyer saying that we were liars and the motor was bad and if we didn't give him $1800, for the motor he would take us to court for $4000. This was the first contact we had from him since the sale of the boat, so we were fairly stunned and had disclosed all we knew at the time of the purchase.

The buyer has also changed his story as to what is wrong with the motor (all based on a his mechanics analysis) from the bottom 2 pistons were froze and the motor was toast, to now saying that one of the pistons is chipped and has poor compression, so it needs a new powerhead.

For some background: The boat, trailer, and 2 motors were sold "as is" and the buyer had looked at the boat the first time for almost 2 hours and second time upon coming to purchase and pick them up. During that time he did remove the cover of the motor in question and looked at many things including turning the fly wheel (which indicates the pistons were not froze). We told him the things we knew were wrong with the boat and at no point lied about or prevented any part of his onsite inspection. We even showed him all of the maintenance records we had for the time we owned the boat, without him requesting them. We had nothing to hide.

Prior to selling the motor, it was in working condition and we have several witnesses that are also boat owners that were on the boat when the motor was running and did not notice anything wrong with the motor, and actually one of them was considering buying the boat; I guess unfortunately for us the buyer beat him to the door with money in hand.

We did respond with a brief email that we did not hide anything from the buyer. But, we feel the buyer is trying to strong arm us into paying for damage to the motor that was done after it left our property and feel like just ignoring him. I am wondering what the best course of action would be for us to take next, as we feel that we should not pay for this (especially with the inconsistancies in what the problem really is.)

[cmorris]

I wouldn't worry about it. First, it was an "as-is" sale. Second, he should have brought a mechanic to check it out first. Third, it was almost a month before he contacted you. He could have done something to the boat and is now trying to pin it on you.

Stop the email communication on your side and send him a letter, certified mail return receipt.

[teflon_jones]

He's having buyer's remorse, and may have damaged the boat himself. He doesn't have a leg to stand on and you don't owe him anything based on your post.

[velissa_w]

Thanks!

Everyone we have talked to have said he has no case. Unfortunately we will probably have to retain a lawyer, because of the threats and agressive approach he has taken. The buyer continues to says that he will pursue us at home, at work and begin contacting our employers. The buyer has said that he will start with small claims court, but will only stop once he is satisfied.

Actually, in researching the issue, I found that the motor, and boats in general, are not covered under the Washington state "lemon law". So, I now I need to figure out what the law and our rights are.

[cmorris]

Originally Posted by velissa_w

The buyer continues to says that he will pursue us at home, at work and begin contacting our employers. The buyer has said that he will start with small claims court, but will only stop once he is satisfied.

That's called harrassment. I'd send a letter, certified mail return receipt, stating why he has no case. Also write that if he pursues the above, he is commiting a crime and you will enforce your rights to the fullest extent of the law.

And if he does require you to get an attorney, you can probably get him to pay your legal fees. It is frivolous and he knows it. Mention that too in your letter.

[velissa_w]

Things that make you go

Was doing a little online shopping and came across a sales ad from the buyer for the exact thing he said was broke and wanted us to pay for. Ironically, in the ad he indicates it is in working condition.

I have both printed and saved multiple copies of the ad, since he still is trying to collect money from us.

[Mister Darcy]

Originally Posted by velissa_w

Thanks!

Everyone we have talked to have said he has no case. Unfortunately we will probably have to retain a lawyer, because of the threats and agressive approach he has taken. The buyer continues to says that he will pursue us at home, at work and begin contacting our employers. The buyer has said that he will start with small claims court, but will only stop once he is satisfied.

Actually, in researching the issue, I found that the motor, and boats in general, are not covered under the Washington state "lemon law". So, I now I need to figure out what the law and our rights are.

If it were me, I would print out the threatening e-mails and take them down to the local police.