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Item bought not as described...

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greenfish

Junior Member
What is the name of your state? I live in Ohio...I picked up the item in PA.

I bought a boat with a motor and trailer from a seller in PA who was selling the item for his neighbor. Actually, the person listed on the ebay account is the wife, but the husband was the one to answer all of my questions. It is item number 190019758531 if you want to see the listing. There were several things that were not described accurately. The floorboards were described as having been replaced, but upon getting it home I discovered that only half were replaced...the other half were just covered up. Old, rotten, mildewed boards were still underneath. I also saw some signs after getting it home which made me question that the motor was not as described. I questioned the seller, who emailed me a scanned receipt from work done on the motor last year. On the receipt in the comments section were the words, "engine may be taking water into cylinders?" I took the motor to a marine shop to have it checked over. They said that indeed there is water in the cylinders and gave me a written estimate of $822.28 (which includes the fee for checking the motor out) to repair this problem. I have contacted the seller both about the floorboards and the water in the cylinders problem, but he has shaken his hands of the matter, telling me various things such as I ran the motor before buying it, so I agreed then that it was in good working condition...I must have ruined it...the floorboards were replaced, just not to my satisfaction...I have no case, etc.. I am thinking I should take the seller to small claims court in Pennsylania since that is where I picked it up, but who do I list as defendants? The wife listed on the account? Her husband? The actual owner of the boat (who was there when I picked it up.) The seller tells me (who knows if it's true) that the owner of the boat moved away and has no forwarding information. If I list the owner of the boat and there truly is no further contact information, would that tie up my case? I'm thinking I should just list the ebay seller and her husband, and that my case is pretty solid, but I'd love to get some feedback.

Thanks
 


racer72

Senior Member
Unless the seller provided you with a specific warranty, you have no claim. You should have had the boat and motor inspected prior to, not after the purchase. Google "caveat emptor".
 
To be fair this boat is over 30 years old and listed as USED. You paid $1000 for it. What did you expect?

I don't think you have a case but if you choose to go forward then I would sue the seller and her husband. They are actually who you transacted with. I would list the owner as well in the suit and let the judge decide. I bet if the sellers get served they will suddenly have forwarding information for the owner.
 

JETX

Senior Member
who do I list as defendants? The wife listed on the account? Her husband? The actual owner of the boat (who was there when I picked it up.)
Sue the previous owner, the others (if any) were acting as his agent in the sale.
However, if you really want to cover yourself, name all of the parties.

If I list the owner of the boat and there truly is no further contact information, would that tie up my case?
Yep. If you can't find the defendant... it could 'tie up your case'.

I'm thinking I should just list the ebay seller and her husband, and that my case is pretty solid, but I'd love to get some feedback.
Based on your post, I think you have little if any valid claim. Google 'caveat emptor'.
 

greenfish

Junior Member
"Unless the seller provided you with a specific warranty, you have no claim."

It didn't say, "Sold As Is"...shouldn't I expect everything to be as described, which was "in good working condition?"

"To be fair this boat is over 30 years old and listed as USED. You paid $1000 for it. What did you expect?"

I was not expecting it to be brand new, but I think that it is reasonable to expect it to be as it was described, in the motor's case, that would be "in good working conditon," with no problems disclosed. They knew about a specific problem and did not put that information in the listing.

Are you saying that sellers do not have a responsibility to describe their items accurately and list any known problems? That they cannot be held responsible for that?
 

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