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Boat Broker misrepresented boat

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PenguinMaster

Junior Member
What is the name of your state? ID

I purchased what was advertised as a 19'6 boat from a boat broker in Portland, Oregon. The broker's online ad stated 19'6 and the purchase agreement stated this as well.

I drove 400 miles and purchased the boat. Instead of receiving the title in the mail, as the broker stated, I received an application for title and a note from the broker stating the owner had lost the title. The application for title stated a length of 17'. I measured the boat and cross referenced the hull ID and discovered the model was different and the length was 17'6. This is not the boat that was advertised nor what was stated on the purchase agreement.

Do I have any recourse with the broker?
 


shortbus

Member
You can sue him to rescind the contract (he takes the boat back, refunds your money + your costs in getting & returning the boat) or for "expectation" damages (the difference in price between the boat you thought you were getting and the boat you actually got)
 

BelizeBreeze

Senior Member
And the judge will ask as his/her first question: "If you performed due diligence after purchase, why didn't you do so before purchase?"
 

fronty

Member
There was a similar case on the People's Court television show. The broker misstated the year of the boat. The buyer didn’t find out until after receiving the title. If I remember correctly, I believe he was awarded the difference in price between the boats. I know for sure he got a judgment in his favor.
 

BelizeBreeze

Senior Member
fronty said:
There was a similar case on the People's Court television show. The broker misstated the year of the boat. The buyer didn’t find out until after receiving the title. If I remember correctly, I believe he was awarded the difference in price between the boats. I know for sure he got a judgment in his favor.
oh BROTHER! :rolleyes:
 

PenguinMaster

Junior Member
Thanks for the replies. As to the due diligence before the sale: I made the trip to Portland (I am in Boise, Idaho) ~400 miles each way based on the broker's representations both in the online ad and our phone conversations. Once I arrived and saw the boat I should have measured the length, cross referenced the hull ID, etc, but by then I had already committed to the trip.
 

fronty

Member
I’m not really into boats, but if a reasonable person would find that the misrepresentation of the boat size is material, then I would follow the advice of shortbus. It is reasonable to rely on what the broker stated the boat size was (I’m assuming you have something in writing). Mistakes pertaining to identity may indicate a lack of Mutuality of Assent. As far as due diligence, I probably wouldn’t have taken the time to measure the boat either. When I buy a used car and the dealership states the year, model, etc.., I rely on what they are representing. I shouldn’t be expected to decode the vin number. I should be able to rely on the dealership to honestly represent the vehicle. This would be the same thing with buying jewelry. If a stone was represented as a diamond and I later found out it was not, do you think a judge would ask me “If you performed due diligence after purchase, why didn't you do so before purchase?”
 

PenguinMaster

Junior Member
Thanks fronty. I agree. For one, this was the first boat I have purchased and I am by no means and expert. The broker (the owner of the brokerage) stated that he normally doesn't carry older boats (this is a 1986) but the boat owner is his insurance agent who he's known "forever" and therefore knew the history of the boat. Many boats have the length/model printed on the side of the boat near the windshield (ie "190" or "210") which indicates the length and it is obvious at a glance. This is like seeing "F150" on the side of a Ford pickup. In this case, there were no markings of any kind. So short of getting a tape measure I relied soley on the broker's representations (online ad, phone conversations, purchase agreement/bill of sale).
 

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