Sold boat, has been abandoned at a shop

[hashpipes]

What is the name of your state? texas

i sold a boat on payments to a guy and he is now about 3 months behind. upon trying to find the buyer I found that it has been abandoned at a shop with a $3000 bill owed on it. the shop says they are putting a mechanics lien on it. i sold it for 4500 and have a signed contract stating it was sold as is no warranty.

what are my options? sue the buyer? pay the fee and get the boat back? bad thing is i do not have the money to get it out of the shop.

any help will be greatly appreciated.

 

[JETX]

"what are my options?"
*** You have only ONE option. Sue the buyer in court for breach of contract. The status or location of the boat in not relevant.

BTW, really nice 'handle'.....

 

[hashpipes]

Thanks...

Hashpipes is from UNIX

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[hashpipes]

so I have one more question for you.

If I pay the 3K the shop wants to get the boat back can I still sue the buyer for breach of contract?

 

[JETX]

"If I pay the 3K the shop wants to get the boat back can I still sue the buyer for breach of contract?"
*** You can still sue him but you will put yourself in an impossible position... and will NOT recover the original sales price since you will now have possession of the boat.

Here are some of your problems:
1) The buyer can demand return of the boat..... that you just spent $3000 to get and you have no right to demand the $3000.
2) Your sales agreement does NOT appear to have any security clause, so you have no right to recover the boat in the event of buyer breach.

Simply, the boat is no longer yours and you have no right to possession.... or expectation of recovery of any $3000 you might spend to get the others guys boat!!

You might contact the guy and see if you can buy it for the cost of the outstanding bill if you want it back. Or you might contact the boatyard and see when they are going to auction it and buy at auction.