New Jersey used outboard motor sold, now breech of contract?

[gotboostedvr6]

What is the name of your state? NJ

Heres the deal I posted up a 1994 Suzuki for sale on craigslist.org I was contacted by the plaintiff saying he had a running but low compression 48 spl and wanted to trade for my running DT75 he would add $900. I informed him the motor ran but needed a carb cleaning, water pump, and "tuneup" ( plugs, wires, timing check ect.)

here is the court papers

http://i24.photobucket.com/albums/c24/gotboostedvr6/courtinfo-1.jpg
<img src="http://i24.photobucket.com/albums/c24/gotboostedvr6/courtinfo-1.jpg">

my side is:

the engine is a 94 all electronics on it are 94 vintage one part on the engine is from a different motor and was needed because it was in better shape so i swapped them out.

the part i swapped out had a model number on it and stated the year it was produced which is older then the engine is... the engine in question has a proper 1994 serial number on it as well..

The motor was in great shape for being an 94 and it ran fine. i made it clear to him and his brother that he would have to do maintenance to it before he ran it. i informed him it is sold as is with no warranty

here is a quick time line

next day:
he called the next day and said he cant figure out how to install the controls and he will have to bring it to the dealer

that night:
he called and said hes pissed b/c the dealer wants $900 to do a full installation, so he will have his brother do it for less...

2nd day:
he called and said he might have to return it b/c hes brother cant figure it out... i told him to go on craigslist and find a mobile marine mechanic to do it for way less he said fine...


7 days later
his brother called me and said he doesn't want to deal with it and wants me to "stop by and bring his motor" so he can get his money back

i said im not walmart and cant just take "returns" besides i told him it was sold "as is". not to mention the only reason i sold it was to cover my payment for classes.

my last advice to him was to buy a manual

 

[gotboostedvr6]

I Am going to to bring a poster of what makes up an outboard and how all the pieces interlock to create a working piece to show the judge why it is such an unimportant part of the puzzle, will this help my case?

I also made it clear to him i had replaced alot of parts when i bought it because it had been kept in saltwater and ran by a fellow whom didn't believe in fresh water washdowns. He never asked for me to be more specific so i didn't get into details. i also included that i had not ran the motor in 10 months

I left it with him the motor runs, you need to some work on before you run offshore, and i also made it clear it was sold as is.

 

[gotboostedvr6]

did i post this in the wrong place?

 

[Zigner]

You have only asked two questions.

Answer 1 - who knows, can't hurt.

Answer 2 - Depends on what you are trying to do!

 

[gotboostedvr6]

what are the laws in my state when it comes to discloser at point of sale? where do i fine these laws? and where can i find case law that has to do with internet sales?

 

[Zigner]

Did you disclose to him that the engine was actually a "mishmash" of different engines? If not, you really don't have a leg to stand on (IMO). You've also go the dealer working against you.

Take all of your documents with you to court and hope for the best.

 

[gotboostedvr6]

i felt there was no need to disclose b/c the part that was replaced is not mechanical or electrical and has no bearing on how the engine runs or how safe it is

 

[Zigner]

i felt there was no need to disclose b/c the part that was replaced is not mechanical or electrical and has no bearing on how the engine runs or how safe it is

Yet, he has a professional saying otherwise...your chances don't look good to me.

 

[gotboostedvr6]

his alleged "professional" is hearsay he has nothing saying in print that the motor is not what i stated it was

 

[gotboostedvr6]

in small claims court if you don't have signed documents you cant provide someone else's opinion as evidence correct?