What is the name of your state (only U.S. law)? Maryland
Hi, I have "sold" a boat to a guy, who claims to be an attorney. The agreement is an owner financing for 5 years. The purchase price was $40K (We still owe to the bank $70K!). He wrote up an agreement himself. I had a lawyer look it over and he did not alert me of any problems with it.
Now the buyer took the boat, without alerting us (we wanted to meet with him to make sure that he is fully satisfied) and drove it for 10 hours all the way from VA to MD.
After the fact he wrote us an email stating that there are a few minor issues, for which he wants us to pay. Even though we had a mechanic check it out at his request, and have an invoice stating that everything is working, I was still considering paying for minor stuff to be courteous. Now the amount he's asking for is growing exponentially and I don't think it will ever stop.
He keeps pointing me to this contractual language:
"represented to be fully seaworthy with all engines, systems, equipment, electronics, machinery, accessories and appliances in good operating order, on the following terms and conditions, subject to a full and proper Spring Commissioning to be coordinated and paid by the Sellers."
Even though the contract also says:
6. DELIVERY - If everything works well and the *boat* operates per the expected standards set by the Manufacturer, the Buyers will then take delivery of the Boat. It will then be the responsibility of the Buyers to transport the Boat to its new home port at *** Maryland.
7. ACCEPTANCE AND DELIVERY OF THE BOAT - Once the keys to the Boat are handed over to the Buyer by the Sellers, it shall be presumed, for purposes of this Agreement, that the Buyer shall then be fully responsible for the Boat and, as such, will pay all registration costs, maintenance, slip costs, utilities etc. associated with the Boat (as if they were the Owners) from that point forward.
He kept on driving the boat for 10 hours, even though he claims (in writing) that he noticed discrepancies as soon as he left the slip!
Most of his claims are completely bogus. However he insists that "represented" part of the contract gives him green light to claim anything at any point.
I want my boat back, as I don't want to deal with this guy for another 5 years! We have a promissory note from him, which says that if he misses a payment for 60 days, we can sue him to get the boat and amount promised back. Can I at least sue him in small claims court for the $1,500 he is withholding now (in payments). Do I have a case, or is he correct that I am completely unprotected by this agreement???
Would appreciate any help,
Thanks!
Hi, I have "sold" a boat to a guy, who claims to be an attorney. The agreement is an owner financing for 5 years. The purchase price was $40K (We still owe to the bank $70K!). He wrote up an agreement himself. I had a lawyer look it over and he did not alert me of any problems with it.
Now the buyer took the boat, without alerting us (we wanted to meet with him to make sure that he is fully satisfied) and drove it for 10 hours all the way from VA to MD.
After the fact he wrote us an email stating that there are a few minor issues, for which he wants us to pay. Even though we had a mechanic check it out at his request, and have an invoice stating that everything is working, I was still considering paying for minor stuff to be courteous. Now the amount he's asking for is growing exponentially and I don't think it will ever stop.
He keeps pointing me to this contractual language:
"represented to be fully seaworthy with all engines, systems, equipment, electronics, machinery, accessories and appliances in good operating order, on the following terms and conditions, subject to a full and proper Spring Commissioning to be coordinated and paid by the Sellers."
Even though the contract also says:
6. DELIVERY - If everything works well and the *boat* operates per the expected standards set by the Manufacturer, the Buyers will then take delivery of the Boat. It will then be the responsibility of the Buyers to transport the Boat to its new home port at *** Maryland.
7. ACCEPTANCE AND DELIVERY OF THE BOAT - Once the keys to the Boat are handed over to the Buyer by the Sellers, it shall be presumed, for purposes of this Agreement, that the Buyer shall then be fully responsible for the Boat and, as such, will pay all registration costs, maintenance, slip costs, utilities etc. associated with the Boat (as if they were the Owners) from that point forward.
He kept on driving the boat for 10 hours, even though he claims (in writing) that he noticed discrepancies as soon as he left the slip!
Most of his claims are completely bogus. However he insists that "represented" part of the contract gives him green light to claim anything at any point.
I want my boat back, as I don't want to deal with this guy for another 5 years! We have a promissory note from him, which says that if he misses a payment for 60 days, we can sue him to get the boat and amount promised back. Can I at least sue him in small claims court for the $1,500 he is withholding now (in payments). Do I have a case, or is he correct that I am completely unprotected by this agreement???
Would appreciate any help,
Thanks!
. If you don't want it fine.