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Ebay Problem

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marihall

Junior Member
What is the name of your state (only U.S. law)? PA

I just sold a boat on ebay- the listing stated the boat was not running. My husband was able to get it started with starter fluid, so he thought it might be carb. trouble. Since the boat was in rough shape (stored outdoors, hadn't been used in a few years, not running, sun damage to vinyl etc) we posted it on ebay in a no reserve auction with lots of pictures.

We were contacted by a potential buyer prior to end of auction who asked if he could see the boat. We met, he saw the boat. He tried to start it, and it didn't start. He was offered the chance to take it to a mechanic, but declined.

In the end, he won the auction of the boat for $1275. (Blue book is $3900, but again, it wasn't running) He picked it up and my husband transferred the title.

Days passed, end of story, we thought.

Now we were contacted by Ebay that he is disputing the sale. He took it to a mechanic, who says the engine is cracked and was repaired. (We were unaware of this- not original owners of the boat) He said the boat wasn't in the condition listed. He has posted negative feedback and is calling my husband's cell leaving messages.

Here's the question. Can he claim to not have known the condition of the boat after having inspecting it and trying to start it himself?

We just wanted to get rid of an old boat we no longer used. We certainly don't need any legal trouble, and aren't sure what to do.

Ironically, we recently bought a car at an auction (not online) and it has already been in the shop for over a week. Not once did we think of contacting the seller, figuring we took and chance and got what we got. Who exactly is responsible in cases like these?
 
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You sold the boat "as is". He bought it "as is". Sounds like you were very honest in your ebay ad. Did you keep a copy of the ad? If you can still access it, print a copy and keep it.

He may try to take you to small claims. No one can say for sure what the judge will do, but all the cases I've seen like this, the judge will tell him he bought it "as is".

You didn't offer a warranty. He was allowed to inspect it up close, something not every ebay bidder gets to do. You offered to let him have it looked over by a mechanic. I think you will be fine.

I would cease all communication with him. If he sues, go to court.
 

dylan123

Junior Member
Ebay Problem as Well

i recently sold my boat on ebay as well. The purchaser who bought it was completely across the country and did not inspect the boat. I put IN THE LISTING that the boat is in pretty good shape for a 1994 for a 14 year old boat but is being SOLD AS IS. The guy received the boat finally and had a mechanic inspect it...well apparently the boat engine block got a crack in it over the winter (which i was completely unaware of) and it has some dry rot and some molding. He is threatening to sue me for fraud and misrepresentation in which I don't believe I did. I made him aware of all the things i knew but wasn't aware of the engine block as well as some of the mold and dry rot. I have offered to help out with paying for some of the repairs if we could come to an agreement on it but have not heard back. I am confused as to what to do at this point and would appreciate any advice.
 

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