ellekayw said:
I live in Florida and purchased a used boat. I never signed a bill of sale or anything stating 'as is'. Within the 3 day 'cooling off' period, I had a surveyer look at the boat and he said the Hull is illegal and if the Coast Guard stopped me, he'd seize the boat. I contacted the seller immediately and he said it would be no problem to call off the deal-he hadn't cashed my $1500 check yet. He was supposed to call that night to set up when to drop off the check and pick up the boat. He never called, but cashed my check. I've since left 3 messages. I sent a certified letter saying if we can't resolve this I'd have to file a small claim suit. Still no response. Do you think I have a case if I went to court?
My response:
No, not at all.
First, where are you getting this "3 day cooling off" stuff from? This was not a door-to-door salesperson "solicitation" (as you would have if the salesman from the Encyclopedia Britannica came to your door). This was a "private sale" - not a "commercial sale."
Second, you had a responsibility to yourself to have the boat inspected PRIOR to putting your money on the table, not after. Now you have to deal with "Caveat Emptor" - - "Let the buyer beware."
Third, in any court of law, you'd have to prove fraud; i.e., that the seller knew that the hull was illegal, and despite that knowledge, failed to inform you of that fact. Extremely difficult to prove.
I'd say you have, at best, an uphill battle, and at worst, a highly defensible claim.
IAAL