Boat Purchase gone bad

[mhunter0677]

What is the name of your state (only U.S. law)? WA

I recently purchased a boat from the owner who claimed he never had any problems with it. When i went to the house he had a water house hooked up to the motor and got it to start. Two days later when I got on the water it had trouble starting and died and will not restart. I took it to a mechanic to get an inspection done and found out the motor is shot. Can I get my money back or can I sue for a refund based on deception and fraud of the condition of the boat?

Looking back I see that the title was in someone else's name, there was no bill of sale, and the check was made out to a woman claiming to be the wife with a different last name. I feel really dumb for not catching all of this or questioning it at the time, because now I see all the red flags that I should've caught initially.

 

[Zigner]

What is the name of your state (only U.S. law)? WA

I recently purchased a boat from the owner who claimed he never had any problems with it. When i went to the house he had a water house hooked up to the motor and got it to start. Two days later when I got on the water it had trouble starting and died and will not restart. I took it to a mechanic to get an inspection done and found out the motor is shot. Can I get my money back or can I sue for a refund based on deception and fraud of the condition of the boat?

Looking back I see that the title was in someone else's name, there was no bill of sale, and the check was made out to a woman claiming to be the wife with a different last name. I feel really dumb for not catching all of this or questioning it at the time, because now I see all the red flags that I should've caught initially.

You inspected the boat and accepted it. Enjoy your new boat.

 

[tranquility]

What was the deception? Where was the fraud?

You will need a lot more to try and unwind this deal than a hose attached to the motor. Along with all the other issues, you might just find it will be better to forget about it. Heck, the boat may not even be yours either!

What happened exactly? How did you come to this deal? How long ago did you make the deal? How much are we talking about in dollars?

 

[mhunter0677]

What was the deception? Where was the fraud?

You will need a lot more to try and unwind this deal than a hose attached to the motor. Along with all the other issues, you might just find it will be better to forget about it. Heck, the boat may not even be yours either!

What happened exactly? How did you come to this deal? How long ago did you make the deal? How much are we talking about in dollars?

It was posted on craigslist, it was for sold for 4000. the deal was made June 27th, the boat was dead when I ran it the first time the 29th. The fraud is if a seller lies about the condition and it can be proven, which I have text messages stating he never had problems, but when I started it instantly dies within 5 minutes, then again 10 minutes later. After having it then professionally inspected it fails the motor test, but the craigslist add stated ran perfectly.

 

[Zigner]

It was posted on craigslist, it was for sold for 4000. the deal was made June 27th, the boat was dead when I ran it the first time the 29th. The fraud is if a seller lies about the condition and it can be proven, which I have text messages stating he never had problems, but when I started it instantly dies within 5 minutes, then again 10 minutes later.

Right - after you inspected it and were satisfied with how it ran.

After having it then professionally inspected it fails the motor test, but the craigslist add stated ran perfectly.

The argument would be that you damaged the motor after taking possession of the boat. I mean, it ran fine when you got it, as evidenced by your inspection and acceptance.

 

[tranquility]

The fraud is if a seller lies about the condition and it can be proven, which I have text messages stating he never had problems, but when I started it instantly dies within 5 minutes, then again 10 minutes later.

You can't prove an intentional deception from ex post facto reasoning. You need to show how he KNEW it was a problem and made some affirmative act to deceive you.

 

[mhunter0677]

You can't prove an intentional deception from ex post facto reasoning. You need to show how he KNEW it was a problem and made some affirmative act to deceive you.

What about the title having someone else's name on it and was signed August 18 2012 last year, but had a pencil mark to make the 2012 look like 2013 he didn't make a bill of sale, he had the check made out to his proclaimed wife who had a different last name. So there is no trace of his name on this transaction. I may not have anything for the "sold as is" but sure looks like a lot to suspect fraud in general.

 

[tranquility]

What about the title having someone else's name on it and was signed August 18 2012 last year, but had a pencil mark to make the 2012 look like 2013 he didn't make a bill of sale, he had the check made out to his proclaimed wife who had a different last name. So there is no trace of his name on this transaction. I may not have anything for the "sold as is" but sure looks like a lot to suspect fraud in general.

Those things make me think you don't own a boat at all, but possession of something stolen. But, those alone don't mean anything. They didn't to you then and they don't to me now. Would I have purchased a boat under such circumstances? No. But, they are not indicia of fraud, they are indicia of a problem. Good 'ol caveat emptor and all that.

However, since this was for a good of over $500, you might be able to try to rescind the contract for not fulfilling the statute of frauds. You can try, but, I'm not sure you'll find the right person to sue and be able to serve them. Sue the guy? His purported wife? Not going to be easy for $4,000.

 

[justalayman]

it and was signed August 18 2012 last year, but had a pencil mark to make the 2012 look like 2013

You do realize that August 2013 is next month, right?


You didn't realize that the sale you speak of could not have happened yet because of that, right?

What about the title having someone else's name on it and was signed August 18 2012 last year, but had a pencil mark to make the 2012 look like 2013 he didn't make a bill of sale, he had the check made out to his proclaimed wife who had a different last name. So there is no trace of his name on this transaction. I may not have anything for the "sold as is" but sure looks like a lot to suspect fraud in general.

is it illegal for a husband to sell his wife's boat as long as she has given him permission? Nope.




as tranquility has said; while it appears there might be problems, there is nothing proving anything improper took place and especially given there were a lot of red flags (like the prior sale is going to happen next month), it may be able to be shown that you had adequate reason to believe the sale was not legit. That puts you in a bad position if the guy that sold you the boat actually did not have a right to sell the boat.

 

[Mass_Shyster]

Is this an ocean going vessel or otherwise used on navigable waters?