HELP! Sold a boat and it busted!

[country bumpkin]

For what it's worth, the kid came to Davidson Co. and filed another suit.

I just got served with another summons.

The summons said that I claimed the boat was in good, and excellent condition, which it was when he took possession of it.

Ironic, the summons states that he drove the boat for 4.5-5 hours and then the engine stopped. Must have been running fine for the first 4 hours, just like it did on his test run.

 

[vzfox]

For what it's worth, the kid came to Davidson Co. and filed another suit.

I just got served with another summons.

The summons said that I claimed the boat was in good, and excellent condition, which it was when he took possession of it.

Ironic, the summons states that he drove the boat for 4.5-5 hours and then the engine stopped. Must have been running fine for the first 4 hours, just like it did on his test run.

What is the outcome?

 

[country bumpkin]

COURT DATE IS TODAY

I will post the outcome soon!

 

[country bumpkin]

Okay, Here is what happend:

I did NOT go to court yesterday. My attorney did.

He went and got a continuance. The plantiff, his Mom and a mechanic that they had hired for the day where there. Needless to say they weren't very happy when they learned that they had to come back again if they still want to pursue this thing.

My lawyer also advised the plantiff to talk to an attorney, not necessarily to represent him, but to get some legal perspective on the case.

Hopefully they will see that I have a good lawyer, that they will need a good one to win, and that a good lawyer would advise against this suit.

 

[vzfox]

The price you sold the boat for, minus the cost of your attorney and your time spent worrying, researching and somewhat traveling......are you going to profit from this sale at all? How much did you have to pay your attorney and if I need one for a case like this, can he or you refer me? I have a posting here as well.

 

[country bumpkin]

The price you sold the boat for, minus the cost of your attorney and your time spent worrying, researching and somewhat traveling......are you going to profit from this sale at all? How much did you have to pay your attorney and if I need one for a case like this, can he or you refer me? I have a posting here as well.

LOL, I took a loss on the boat to begin with! I paid 6500 two years ago, before gas prices went over 2 bucks a gallon. Sold it for 4200.

I don't know what the final legal cost will be. To make it go away the first time was 500. I imagine it will be that, and maybe a little more this time.

At this point if I end up paying more than the repair would be, I really don't care. It's a matter of principal now. You don' t break a good boat, one that I put a lot of work and pride into, and expect me to take it back and refund your money.


PM me if you want a referral from us.

I will post any updates as they happen.

 

[country bumpkin]

just realize that this site doesn't support Private Messages, sorry.

 

[vzfox]

just realize that this site doesn't support Private Messages, sorry.

Just add "contact info" to your public profile.....I will do the same.....just email me. thanx. I had to put in under "location", but it is there.

 

[country bumpkin]

I can't believe it, I LOST!

JUDGEMENT FOR THE PLANTIFF:$2,100

Details:
We waited through one case in the courtroom that we were assigned. After about an hour and a half someone came in and called us both out and ushered us to another courtroom that was empty. We were heard by another attorney, not a judge. She was a younger (than me) women. In her mid 30's I would guess.

The young man stated his case. His point was that I claimed the eninge to be in excellent condition, and that an enginge in excellent condition shouldn't quit after 3.5 to 4 hours.

My attorney questioned him. He told everything fairly accurately. Admited that there was a test drive, that he drove it, that my daughter skiied behind it. My attorney asked him why he bought the boat if it was defective. He said he didn't know it was defective, he's not a boat mechanic. He also agreed that he signed the bill of sale when it was produced by my lawyer.

The 'fill in attorney judge' asked for the boat mechanic got up on the stand. My attorney asked him what caused the engine to fail. He said he didn't know. My attorney asked him if a new engine could fail spontaneously, he said yes. I think the mechanic hurt their case.

There was other back and forth, but not of much consequenses, the "judge" said (to the mechanic) "I want to understand what you are saying, you are telling us that a brand new engine could do the same thing? Just fail?" He replied yes.

The "judge" asked to talk to both my attorney and the boy privately. She asked them if a fair solution could be found. My attorney relayed this to me, and I told them I would offer them 500 bucks. My attorney felt that she was going to rule in my favor and felt bad that the kid would get nothing. Okay I offered 500 bucks. They wanted 1600. SO!

This is the good part. She looked at me and said:"your ad says the engine was rebuilt in 2005, in bold letters, your ad says the engine is in excellent condition, starts right up, runs strong, you place alot of emphasis on the engine, if died a week later or a month later is one thing, but it died the next day, on the other hand (turning to the boy) you signed a contract agreeing to buy the boat "as is no warranty", and you didn't get the boat inspected before you bought it**************...JUDGEMENT FOR THE PLANTIFF FOR 2100 DOLARS"

End of story....oh, wait she looked at us and said you have ten days to appeal my decision.



The way I see it, the big bad man defrauded the poor kid with his ad, lied to him.

I forgot to mention that they contend that oil was being blown out threw the valve covers, and the engine ran dry. In hindsight, if we pointed out the operator's resposibility to watch the gauges**************this might have been a $50 problem, but ignoring the temp and oil guage until it threw a rod, it now became a $3000 problem......that's MY FAULT????

Oh, and here is the ad, I found it!

20' I/O Cuddy Cabin-Imperial-'87....Great Boat! Roomy, Lots of Extras!
Reply to: [email protected]
Date: 2007-07-05, 9:46AM

For Sale is a 1987 20' Imperial Cuddy Cabin. I have had this boat for 2 years and loved it!

This is great family boat. Very comfortable and roomy. Easily accomodates 6 people.

It features:

Mercruiser 488-this is an inline 4 cylinder engine. it produces plenty of power for skiing, tubing etc. The boat will top end around 35 mph. Plenty fast for a family boat. This is no gas guzzler!

ENGINE WAS REBUILT IN 2005!

Alha One 165 Outdrive

Depth/Fishfinder

Bimini Top

Two Mahogony Ski Decks-recently refinished

Mahogony trim and cabin doors-recently refinished

AM/FM Cassette

EZ Loader Trailer

Skis, Tow Rope, Life Jackets, Tube, First Aid Kit, Fire Ext. Anchor


Condition:

Interior and upholstery is GOOD. No rips or tears.

Carpet is GOOD.

Engine is EXCELLENT. Runs smooth and strong. Fires right up.

Dashboard-all gauges (fuel, speedometer, oil, temp etc.) EXCEPT tachometer work.

All Navigation lights work.

Exterior finish is GOOD. The hull is in great shape for its age. There is some fading of the color just above the water line though.


We are selling because we just bought a sailboat at Elm Hill, so there won't be as much time for her.

Richard

She said I (over?) emphasized the condition of the engine in this ad.

Is my opinion about the condition of the engine considered a guarantee?

 

[VeronicaLodge]

no, I think you should appeal it. I know in Davidson County, if you were in General Sessions Court either party can automatically appeal. They may tire of having to keep coming to Nashville and hire their mechanic and in Circuit Court there will have to be discovery and other things to eat up time before they see any money from you. I can't believe you lost. And what is with this non judge judge thing???

Oh and thanks for coming back and updating!

 

[country bumpkin]

no, I think you should appeal it. I know in Davidson County, if you were in General Sessions Court either party can automatically appeal. They may tire of having to keep coming to Nashville and hire their mechanic and in Circuit Court there will have to be discovery and other things to eat up time before they see any money from you. I can't believe you lost. And what is with this non judge judge thing???

Oh and thanks for coming back and updating!

Thanks Veronica. I gave my attorney a check for 217.50, which I understand is the bond(?) required to appeal this to circuit court.

I'm still pretty upset about this. The way I see it, the boat was delivered in the condition described. Yes, something happened, I don't know what, but if it was losing oil, the operator has the responsiblity to watch the guages and shut it down if there was a problem.

It's the prinicple of the situation now, not the money. The boy has to take some responsibility for the damage. (In my humble opinion!)

And the bill of sale is worthless I guess.

Oh, btw, I posted this on a Boating Forum. These guys and girls buy and sell boats all the time....it has drawn alot of attention, of 25,000 views and almost 500 comments. If anyone is interested here it is:
http://forums.iboats.com/showthread.php?t=207127

 

[You Are Guilty]

Appeal, appeal, appeal!

Most small claims courts give you the option of being heard either by a real judge (usually only one available, so the wait can mean multiple trips to court until they're free) or by an arbitrator, usually a lawyer (but not judge) the same day. Sometimes the clerk fails to tell you this option, other times you just get what they give you. Either way, an arbitrator is never preferred because they just want to resolve the case and don't necessarily care about applicable law. They tend to try to coerce settlements in every case, whether merited or not.

There is really no reason for an actual judge to look at your facts, apply the correct law, and say that plaintiff has not proven their claim. You just need to get you case in front of a real judge... so appeal!

 

[BoredAtty]

The "judge" did have a point with regard to your declaration that the engine was in excellent condition. When selling something, it's best never to make such claims. Instead say something like "I've never had a problem with it...."

Still, most people would take your claim as puffing, since you didn't represent yourself as a mechanic or boat expert.

I would definitely appeal. Make sure your lawyer emphasizes that the kid ignored warning lights/gauges and that his negligence helped create more problems...particularly when questioning the mechanic (who can expound on that).