Your arguments are:
a) No acceptance & therefor no contract, since both parties contemplated you would inspect the boat on delvery and you rejected the boat the very day he delivered it to you,
b) breach of contract because he didn't deliver on time (you get your 'rent' from Xmas to 1/11),
c) breach of implied warranty of merchantability (the boat is not fit to put to sea, or to live in if it's a houseboat),
d) breach of warranty of fitness for a particular purpose - you were relying on him to sell you a boat to live in & maybe fix up a little, he knew you were relying on his judgment, and the boat is not fit to sail or to live in.
Some options:
1. Sue in district court to rescind the contract. Small claims court probably doesn't have the power to rescind a contract. You get all your money back and he keeps the boat.
2. Sue in small claims court for damages - the difference between what you paid and the value of the boat you got. You get some money but have to keep the boat. It will be hard to prove damages, unless you sell/auction the boat before trial and receive less than $2350.
One issue is when title to the boat passed to you. If he was the titled owner of the boat until 1/11, he can't charge you storage fees for his boat. Contact the motorboat registration department and ask how long a new owner has to register for a new boat number. If the maximum waiting period ran out before 1/11, you can argue that neither party intended title to pass in December, since failing to file the application would be illegal.
He'll argue that you accepted the boat and waived inspection because you didn't bother to come down to the dock and look at it before giving him money. Unless you can get the judge to believe that you both intended to allow delayed inspection, this defense is pretty persuasive. You had lots of time to inspect and didn't bother to do so. One way to support this argument would be to argue that you paid $2000 for a fixed up boat, and that this term necessarily requires that you be allowed to inspect the boat AFTER the repairs.
Another issue is whether he's a "merchant" in boats. Some of the arguments a)-d) only apply if the seller is a merchant.
I recommend you hire an attorney for an hour or 2 to help you marshall your arguments and prepare your case.
Good luck,
Tracey
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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
[This message has been edited by Tracey (edited May 17, 2000).]
