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Private Sale, Boat

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ellekayw

Junior Member
I live in Florida and purchased a used boat. I never signed a bill of sale or anything stating 'as is'. Within the 3 day 'cooling off' period, I had a surveyer look at the boat and he said the Hull is illegal and if the Coast Guard stopped me, he'd seize the boat. I contacted the seller immediately and he said it would be no problem to call off the deal-he hadn't cashed my $1500 check yet. He was supposed to call that night to set up when to drop off the check and pick up the boat. He never called, but cashed my check. I've since left 3 messages. I sent a certified letter saying if we can't resolve this I'd have to file a small claim suit. Still no response. Do you think I have a case if I went to court?
 


I AM ALWAYS LIABLE

Senior Member
ellekayw said:
I live in Florida and purchased a used boat. I never signed a bill of sale or anything stating 'as is'. Within the 3 day 'cooling off' period, I had a surveyer look at the boat and he said the Hull is illegal and if the Coast Guard stopped me, he'd seize the boat. I contacted the seller immediately and he said it would be no problem to call off the deal-he hadn't cashed my $1500 check yet. He was supposed to call that night to set up when to drop off the check and pick up the boat. He never called, but cashed my check. I've since left 3 messages. I sent a certified letter saying if we can't resolve this I'd have to file a small claim suit. Still no response. Do you think I have a case if I went to court?
My response:

No, not at all.

First, where are you getting this "3 day cooling off" stuff from? This was not a door-to-door salesperson "solicitation" (as you would have if the salesman from the Encyclopedia Britannica came to your door). This was a "private sale" - not a "commercial sale."

Second, you had a responsibility to yourself to have the boat inspected PRIOR to putting your money on the table, not after. Now you have to deal with "Caveat Emptor" - - "Let the buyer beware."

Third, in any court of law, you'd have to prove fraud; i.e., that the seller knew that the hull was illegal, and despite that knowledge, failed to inform you of that fact. Extremely difficult to prove.

I'd say you have, at best, an uphill battle, and at worst, a highly defensible claim.

IAAL
 

ellekayw

Junior Member
Wow. Thanks for that quick response. So you don't think the fact that there is no bill of sale, and that he verbally told me the deal was off and he'd drop off the check, make my case?
 

I AM ALWAYS LIABLE

Senior Member
ellekayw said:
Wow. Thanks for that quick response. So you don't think the fact that there is no bill of sale, and that he verbally told me the deal was off and he'd drop off the check, make my case?
My response:

While it would have been nice, a "bill of sale" is not necessary, and there is no law requiring the same. Verbal contracts are entered into all the time.

As to his "verbal statements" - - he never said those things to you. They are figments of your imagination - - at least that's what he'll say if you should take him to court.

IAAL
 

ellekayw

Junior Member
OK - one more argument:
He had taken my calls before I spoke to him re: calling off the deal. Then all of a sudden he's not calling me back? For all he knew (if the conversation hadn't taken place) I was asking him about something on the boat, or even to go fishing with him (which he had said I should!). So why not call me back? I can prove that he didn't because I wrote the certified letter to him.
I know I'm stretching but...
 

I AM ALWAYS LIABLE

Senior Member
ellekayw said:
I know I'm stretching but...
My response:

. . . to the point of breaking the rubberband.

I'm really sorry about your predicament, but really, you've got nothing - - and the judge would throw the same arguments back at you on the ground of Caveat Emptor. You put the "cart before the horse" in this transaction when you failed to "first" have the boat inspected, rather than later. By that time, it was too late.

IAAL
 
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