Bought a used jetski that blew up on day one...

[dr22500]

What is the name of your state (only U.S. law)? We live in North Carolina. I spent 2k on a 1997 jetski , purchased privately from a friend of a friend. The seller said the jetski was in good condition to both us and the mutual friend. The registration was expired so we did not take it for a test ride. After paying, and getting a bill of sale (no conditions of sale stated on the bill of sale) we registered the jetski in my boyfriend's name. After cleaning and polishing the jetski to pristine condition, we took it out and the engine blew a cylinder on the very first ride. The seller did verbally state to us that we could return the vehicle if we didn't like it or if there was a problem. The mechanic said it will be 2k to fix this machine. We called the seller and offered to split the repair bill. He immediately turned ugly and said basically f***y***. We are shocked because we thought we were becoming friends with this person and never dreamed he would not honor his word. We know there have been similar cases in the county small claims court and the magistrate has ruled for the buyer (as a plantiff). Two questions: 1) May I take the seller to small claims because I purchased this for a birthday gift (my boyfriend is the legal owner) because the titled owner is unable to take off work for court; and 2) Will I be out of luck because we did not have a mechanic inspect the vehicle and there was no written conditions or warranty? Thank you so much for any help---this was a luxury item to us and we can't afford the repair bill or an attorney.What is the name of your state (only U.S. law)?

 

[JETX]

May I take the seller to small claims because I purchased this for a birthday gift (my boyfriend is the legal owner) because the titled owner is unable to take off work for court

No. Only the 'damaged party' (owner) can file a lawsuit regarding his property.

Will I be out of luck because we did not have a mechanic inspect the vehicle and there was no written conditions or warranty?

Yep. Absent a warranty to the contrary, the sale was as is. Further, you can't prove that the seller knew of the problem at the time of the sale.

 

[dr22500]

Thank you. We are sadder, but wiser.