Implied warranty between individuals

[rdgruen]

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

I recently sold a boat to an individual who was looking for one on Craigs List.
A week after buying it he emails me saying the motor is shot and he wants his money back. ( The battery was pretty much dead when he came so the engine couldn't be started ). I last used the boat in 2010 and the motor ran perfectly.
I went to a local marine service shop and was told that the only way to wreck the engine is to use the wrong oil or for it to overheat.
The purchaser's mechanic says it is from sitting too long without being used.
I have no idea how the boat was used after leaving my possesion or what the purchaser may have done to it.
He is threatening to sue me and ask for triple damages. I am not a business, just an individual. Can this be done in Wis. ? Is there an implied warranty between individuals ?

 

[Antigone*]

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

I recently sold a boat to an individual who was looking for one on Craigs List.
A week after buying it he emails me saying the motor is shot and he wants his money back. ( The battery was pretty much dead when he came so the engine couldn't be started ). I last used the boat in 2010 and the motor ran perfectly.
I went to a local marine service shop and was told that the only way to wreck the engine is to use the wrong oil or for it to overheat.
The purchaser's mechanic says it is from sitting too long without being used.
I have no idea how the boat was used after leaving my possesion or what the purchaser may have done to it.
He is threatening to sue me and ask for triple damages. I am not a business, just an individual. Can this be done in Wis. ? Is there an implied warranty between individuals ?

Tell him to enjoy his new boat. Unless you gave him a specific warranty, the sale is "as is."

 

[OHRoadwarrior]

Look for used boat motors and you find them for sale regularly over 20 or 30 years old. If you sold it as is, you are fine.

 

[swalsh411]

If you have enough money to own a boat you should have enough money to have a used boat inspected before you buy it. Or at the very least start it up.

 

[sandyclaus]

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

I recently sold a boat to an individual who was looking for one on Craigs List.
A week after buying it he emails me saying the motor is shot and he wants his money back. ( The battery was pretty much dead when he came so the engine couldn't be started ). I last used the boat in 2010 and the motor ran perfectly.
I went to a local marine service shop and was told that the only way to wreck the engine is to use the wrong oil or for it to overheat.
The purchaser's mechanic says it is from sitting too long without being used.
I have no idea how the boat was used after leaving my possesion or what the purchaser may have done to it.
He is threatening to sue me and ask for triple damages. I am not a business, just an individual. Can this be done in Wis. ? Is there an implied warranty between individuals ?

This would be a classic "AS-IS" situation.

If you told the buyer that you last used the boat in 2010, and he knew the engine could not be started when he looked at it, then it was the BUYER's responsibility to verify the condition of the boat and engine before completing his purchase. ESPECIALLY if one could not start the engine, I would certainly have had a boat mechanic look it over to see WHY the engine would not start. Additionally, since the boat was sitting for so long, I would have taken the extra precaution of having that mechanical inspection, just for the reason that it hadn't been used in such a long period of time.

No inspection means that the buyer took the boat "AS-IS", with whatever problems or issues they might find once they tried to use the boat for the first time after purchase.

I'm fairly certain that you can tell the buyer to enjoy their new boat.