Fraudulent Transaction - Treble damages?

[ETex2]

What is the name of your state? Texas

I am considering pursuing a lawsuit in small claims court against the dealer who sold a new boat and motor to us on May 31 this year. He also owns the adjoining marina. As an inducement to purchase the boat, he offered 1 year's free wet slip rental and two additional years at a reduced rate.

We have had a multitude of problems with the dealer installing options we paid for, plus the boat performs very poorly and he has been unable to figure out the problem and make necessary repairs and modifications. On top of this, a few weeks ago we discovered that the motor is a 2006 model, when we thought we were buying a 2007 model. The 2007 model year for the motor is clearly stated on the sales contract. He admitted to the mistake, but has so far refused to replace the motor with a 2007. When I made it clear that we were not going to be happy with the 2006 model, he said "fine, I'll give you a new motor, but afterwards you must immediately remove the boat from my marina and we will no longer service your boat".

So, we lose about $3,000 worth of rental concessions on the wet slip. There are no other dealers within 75 miles that handle this brand of boat for warranty work, and there are no other marinas on our lake that have slips available. Obviously, he wants to cover himself with respect to the fraudulent sale. Is there a basis for a criminal case here, or perhaps treble damages since this whole dispute came about as a result of a fraudulent transaction? He already told me that he planned to lie if we file suit, and claim that the 2007 model year on the contract was a typo, after he admitted that he made a mistake originally. Thanks for any help.

 

[las365]

Based on your description of the facts, it sounds as if you have a breach of contract claim and claims under the Deceptive Trade Practices Act. Your remedies may include requesting "specific performance" under the contract. You may be entitled to attorney fees as part of your damages. The DTPA does have a treble damages provision. You should seek a consulation with an attorney.

______________________________________
I am not a lawyer, and this is not legal advice.

 

[racer72]

Small claims court is for actual monetary damages only. If the dealer replaces the 2006 motor with a 2007, the contract is correct in that respect.

So, we lose about $3,000 worth of rental concessions on the wet slip.

Wrong. This cost you nothing, you will lose nothing. Your loss would happen when you rent a slip from someone else due to the loss of use of the "free" slip. At this point you have lost nothing and do not have a case. Talk to a local attorney, a stern letter from one may change the dealer's mind about the slip.

 

[ETex2]

Small claims court is for actual monetary damages only. If the dealer replaces the 2006 motor with a 2007, the contract is correct in that respect.

Wrong. This cost you nothing, you will lose nothing. Your loss would happen when you rent a slip from someone else due to the loss of use of the "free" slip. At this point you have lost nothing and do not have a case. Talk to a local attorney, a stern letter from one may change the dealer's mind about the slip.

Let me clarify. The contract says "one year of wet slip rental included". It also says: Two years of slip rental at the new marina (to be built) at the reduced rate of $110 per month also included". Market rent today for a new wet slip on that lake is $175 per month. It doesn't say free, it says included. In other words, I am paying for it in the contract, although the contract does not specify how much I'm paying for it.

That's like saying I paid $25,000 for the boat, and the motor is included. Even though they are typically sold separately. Motors aren't "free" and neither are wet slips.

And I've experienced a case where a JP awarded treble damages to a plaintiff in small claims court about 12 years ago in a landlord/tenant case.

 

[las365]

It sounds like you are talking about too much money for JP court. County Court at Law is probably your best choice (cases tend to move faster in there than in District Court, at least in Austin). Go see a lawyer.

 

[racer72]

Then please explain this statement that you made:

As an inducement to purchase the boat, he offered 1 year's free wet slip rental

Now you are changing your mind and it's not free? Buddy, you are seriously confused. Please see a local attorney before you change your story again.

 

[ETex2]

It sounds like you are talking about too much money for JP court. County Court at Law is probably your best choice (cases tend to move faster in there than in District Court, at least in Austin). Go see a lawyer.

I was told that the limits in JP court goes up to $10,000 Sept. 1. Anyone know if that's right?

 

[ETex2]

Then please explain this statement that you made:


Now you are changing your mind and it's not free? Buddy, you are seriously confused. Please see a local attorney before you change your story again.

No, I think YOU must be confused. That's exactly what they offered to me verbally. The contract stated it as "included".

Do you actually believe all of those ads that say "Buy the mattress get the box springs free!"; "buy a new car and get 0% financing!". The truth is, you are actually paying for it one way or another. Like I said, they could say buy a boat, get the motor "free", but no one is in the business of giving away motors for free. Unless of course, you want to pay too much for the boat. That's exactly what happened here; I paid more for the boat to get the wet slip rental "free".

Nothing is free. If you believe that, I'll sell you my house, and give you my swimming pool, FREE! Or I could just say "pool included".

 

[moburkes]

So, when Walgreens, in this week's paper advertised Garnier Hair Color for $7.49 and buy 1 get 1 free, and I combined it with a buy 1 get 1 free coupon, and only pay tax, I didn't really get it for free?

 

[ETex2]

So, when Walgreens, in this week's paper advertised Garnier Hair Color for $7.49 and buy 1 get 1 free, and I combined it with a buy 1 get 1 free coupon, and only pay tax, I didn't really get it for free?

Maybe. Maybe not. Could be, you just got two for the price of one. Or maybe you paid half price when you bought two of them. Look at what the receipt says. My point is: WHAT IS THE DIFFERENCE??

If you will pay me $5,000 for the radio in my old pickup, I'll definitely throw in the truck for "free".

 

[moburkes]

Maybe. Maybe not. Could be, you just got two for the price of one. Or maybe you paid half price when you bought two of them. Look at what the receipt says. My point is: WHAT IS THE DIFFERENCE??

If you will pay me $5,000 for the radio in my old pickup, I'll definitely throw in the truck for "free".

If the price of 1 is $0.00, then you're correct. However, the regular price (as of a few weeks ago) was $7.99. I paid $0.00.

 

[ETex2]

If the price of 1 is $0.00, then you're correct. However, the regular price (as of a few weeks ago) was $7.99. I paid $0.00.

Take back the one you paid for, and get your money back. Keep the free one.

 

[moburkes]

Take back the one you paid for, and get your money back. Keep the free one.

Ummm, no. Since they were both free, I'll keep them both. Thanks, though.

 

[racer72]

No, I think YOU must be confused. That's exactly what they offered to me verbally. The contract stated it as "included".

Do you actually believe all of those ads that say "Buy the mattress get the box springs free!"; "buy a new car and get 0% financing!". The truth is, you are actually paying for it one way or another. Like I said, they could say buy a boat, get the motor "free", but no one is in the business of giving away motors for free. Unless of course, you want to pay too much for the boat. That's exactly what happened here; I paid more for the boat to get the wet slip rental "free".

Nothing is free. If you believe that, I'll sell you my house, and give you my swimming pool, FREE! Or I could just say "pool included".

I quoted what you posted idiot, how can I be confused. And the post quoted above is why an attorney with half a brain will make you look like a fool in court. The basis of the decision made in a court of law is based on the facts presented at trial. You are presenting a bunch of what if's , should of's, could of's, would of's. The argument you make above will be laughed out of court. All that will be considered is what is written in the purchase agreement. Unless the purchase agreement states, in black and white, that the boat slip is costing you money out of pocket, you have no case. The specific point that the judge will look at, and YOU will have to admit to it, is that the boat slip was "FREE". You can twist the story all you want, judges see the crap you are trying to use as an argument every day and they can see right through it. Now before you make a bigger fool than you already have in these forums, please print out this entire thread that you started and please take it to a local attorney of your choice. Let the attorney read this thread and your purchase agreement. Make your lame case too. Don't be surprised if the attorney stops your story because it will prove to be irrelevent to your case. I use to offer to even pay for the attorney visit if I was wrong but as a member in good standing in these forums, I am not allowed too. I would make that offer to you if I could. Come on now, fire up your printer and hit the yellow pages. Post back after your visit.

 

[ETex2]

I quoted what you posted idiot, how can I be confused. And the post quoted above is why an attorney with half a brain will make you look like a fool in court. The basis of the decision made in a court of law is based on the facts presented at trial. You are presenting a bunch of what if's , should of's, could of's, would of's. The argument you make above will be laughed out of court. All that will be considered is what is written in the purchase agreement. Unless the purchase agreement states, in black and white, that the boat slip is costing you money out of pocket, you have no case. The specific point that the judge will look at, and YOU will have to admit to it, is that the boat slip was "FREE". You can twist the story all you want, judges see the crap you are trying to use as an argument every day and they can see right through it. Now before you make a bigger fool than you already have in these forums, please print out this entire thread that you started and please take it to a local attorney of your choice. Let the attorney read this thread and your purchase agreement. Make your lame case too. Don't be surprised if the attorney stops your story because it will prove to be irrelevent to your case. I use to offer to even pay for the attorney visit if I was wrong but as a member in good standing in these forums, I am not allowed too. I would make that offer to you if I could. Come on now, fire up your printer and hit the yellow pages. Post back after your visit.

You quoted what I posted, but obviously you didn't UNDERSTAND it. As in.... lights are flashing, bells are ringing, but the train ain't a comin'. People who resort to calling names are revealing their lack of debating skills and low IQ.

For those who helped, thanks. For those who just want to insult others and call people names, i pity you and the good people here who have to put with you. You obviously lack the knowledge to offer advice here, so why not just skip over it.