HELP! Sold a boat and it busted!

[country bumpkin]

What is the name of your state?
Tennessee

Okay, give you the nitty gritty if asked, but very simply I listed my boat on Craigslist in Nasvhille, some young guy in Knoxville (about 180 miles away) saw it and desperately wanted it. Sight unseen (there were pictures on the listing).

oh, here is the listing: http://nashville.craigslist.org/boa/366922720.html
He sent me 100 on paypal to secure the transaction.

I met him yesterday with my wife and daughter to complete the deal. We took him out, showed him the ropes, pushed the boat to the limit, had my daughter (13) ski behind it, and then gave him the boat.

He signed a bill of sale that specifically said this boat is sold " as is, no
warrantys"


Now, I have had this boat for 2 years, it's run great, aside from one tachometer problem, which is disclosed in the Craigslist ad.

It ran great yesterday, on his test run****************************......

NOW! I get a call from his mother today, saying it threw a rod (or just blew up) she says they took it out for 2 hours today and I'm responsible. They want to pull the boat back to me and have me refund their money in full!

I'm going to leave my reactions out of this for awhile, but what should I do?

I just bought a sailboat, in anticipation of selling this boat.....and needed the money to pay for my daughters tution...(yes, seriously was counting on it).


I'm sure this happens all the time in life with boats, cars, builidings etc....I'm just at a loss**************..I feel for them, but**************....what responsiblity do I have?

 

[Ozark_Sophist]

Enjoy your sailboat.

You sold your boat as-is. It worked great, so the kid bought it. He could have taken the boat to a mechanic for mechanical inspection but chose not too, so don't worry.

 

[acmb05]

What is the name of your state?
Tennessee

Okay, give you the nitty gritty if asked, but very simply I listed my boat on Craigslist in Nasvhille, some young guy in Knoxville (about 180 miles away) saw it and desperately wanted it. Sight unseen (there were pictures on the listing).

oh, here is the listing: http://nashville.craigslist.org/boa/366922720.html
He sent me 100 on paypal to secure the transaction.

I met him yesterday with my wife and daughter to complete the deal. We took him out, showed him the ropes, pushed the boat to the limit, had my daughter (13) ski behind it, and then gave him the boat.

He signed a bill of sale that specifically said this boat is sold " as is, no
warrantys"


Now, I have had this boat for 2 years, it's run great, aside from one tachometer problem, which is disclosed in the Craigslist ad.

It ran great yesterday, on his test run****************************......

NOW! I get a call from his mother today, saying it threw a rod (or just blew up) she says they took it out for 2 hours today and I'm responsible. They want to pull the boat back to me and have me refund their money in full!

I'm going to leave my reactions out of this for awhile, but what should I do?

I just bought a sailboat, in anticipation of selling this boat.....and needed the money to pay for my daughters tution...(yes, seriously was counting on it).


I'm sure this happens all the time in life with boats, cars, builidings etc....I'm just at a loss**************..I feel for them, but**************....what responsiblity do I have?

Ditto what ozark said. You have no idea what this kid did to the boat while he had it nor why it "Blew up" He could have done any number of things to make that happen.

 

[seagoing]

recall the old saying happiest days of a boaters life,day you buy and the day you sell.I also agree with other posters,I was a boat mechanic for yrs.I doubt ,if what you say is true about the test trial you gave ,that the engine was just ready to go.most engines I have seen blown up were operators fault,primarily,overheating,due to debris on the lower end,or running on a sandbar,or improper fuel and or oil including water in gas,overloading the engine by too much weight in boat with improper trimming and constant hard running with the latter.your not a dealer,sold the boat in good faith by taking the potential buyers for sea trial ,if the engine was ready to blow,it would certainly showed signs when you were pulling water skiers.sometimes buying a boat car etc.is a big gamble,especially without having a mech.check it out.

 

[teflon_jones]

In case you want more confirmation than 3 people, you have absolutely zero responsibility to the buyer. It's his boat and his problem.

 

[JustAPal00]

Tell him to buy a long pole and a big sheet and learn to sail!

 

[country bumpkin]

Okay, I just got served with a Civil Summons to travel 180 miles to Knoxville (Knox Co.) and appear in court the end of August.

WTF?

The sale took place in Nashville, Davidson Co. The Bill of Sale I had signed says Willimason Co., which is were I thought the transaction would take place, but I actually hauled the boat out to the lake so he could try it out (lake is in Davidson Co.)

What recourse do I have?

Can I appeal this? Do I have to take a day, maybe two off to appear?

This sound screwy.

Thanks

 

[racer72]

Your answer to the summons will have 2 points. The first one is that the court in which the lawsuit was filed does not have jurisdiction, state where the transaction took place. The second will be denying everything else in the lawsuit. Don't wait, get your answer in asap.

 

[country bumpkin]

How do I answer the summons?

Just send a letter to the Clerk?

 

[MyHouse]

Maybe somebody could help the OP find the proper form to file a response. Somebody here helped me with that once. I would have been lost without it.

 

[racer72]

Google "how to answer a lawsuit", you will find quite a few helpful sites.

 

[BoredAtty]

That does sound like a crock. I hope you get you answer in okay...

 

[r0yb0y]

Same Problem but no bill of sale

Please let me know what happens. I sold my boat in perfect condition. I started the boat in my driveway with the hose attached..It always started right up and ran great. I ran it for approx. 5 minutes for him. Then I get a call 1 week later from the guy telling me the engine is blown. I refused to take it back and told him he must have done something! Now I received a letter from an attorney saying since I advertised the boat as "Like New" and it won't start and has water in the engine...the contract is rescinded.

Should I reply to this attorney?

 

[country bumpkin]

Please let me know what happens. I sold my boat in perfect condition. I started the boat in my driveway with the hose attached..It always started right up and ran great. I ran it for approx. 5 minutes for him. Then I get a call 1 week later from the guy telling me the engine is blown. I refused to take it back and told him he must have done something! Now I received a letter from an attorney saying since I advertised the boat as "Like New" and it won't start and has water in the engine...the contract is rescinded.

Should I reply to this attorney?

I will let you know what happens. My thought on the letter? Ignore it. It's a scare tactic. Now if you get a summons, contact an attorney. That is what I have done.

 

[country bumpkin]

I said I would post the outcome of my situation.

The case was dismissed, not on lack of merit, but on jurisdiction as RACER72 suggested above.

They can pursue the matter in the county the boat was purchased in, 180 miles away from them, on our turf!

I wouldn't have known how to do this without my attorney.


Sorry Royboy! I know this doesn't help you, but hang in there! I posted this situation on a boating forum also and have gotten over 8000 hits. Many owners shared similar situations on both the selling and buying ends and everyone agreed, it's the buyers responsibility to have the boat inspeceted BEFORE they purchase. Once the deal is done, it's there baby, good or bad. Rember that valuable lesson anytime you buy used from a private party.

Good luck!