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?