No boat, can't get deposit back!

[mrstchr1]

Hi. My sister and her fiance signed a contract with a private individual for the use of his 30' sailboat during this summer in Massachusetts. They paid an $850 deposit and signed a contract which stated, in part, that they would use the boat no later than May 31, every other weekend, until early Sept. They also agreed to do some of the repair work (which was extensive) on the boat.

As of early June, the boat was not in the water, and they spoke to the man about getting out of the contract. He agreed completely as he knew he would not have the time to get the boat into the water. However, they have not yet received their deposit of $850. They tried calling, amicably, and also sent 2 letters requesting the return of their deposit. They had received no response from him.

They have now filed a claim in court. He received the letter from them stating their intention to sue for the money and he called leaving a very belligerent message threatening them (not physically) an saying they owe him $3000 (the rest of the boat payment). They are getting married in September and this is the last thing they need. Do they have a good case? They have the contract, cancelled check, and copies of correspondance. Thank you, Jo [email protected]

 

[HomeGuru]

It appears that they have a good case but how come they did not do any repair work. The work is done in dry dock not in the water.

 

[mrstchr1]

Hi, thanks. My sister and her fiance did do repair work, in dry dock. The boat was never put into the water because so many repairs needed to be done. The owner was supposed to be paying for all materials and helping with the repairs. He put little effort into it, and the days passed. The boat was supposed to be ready for Memorial Day and they gave him a week after that to get things going, but he slacked off and that's when they asked for their money back.

 

[JETX]

It sounds like this is going to break down to:
1) Owner: "They didn't perform the work that they contracted to do. They breached the contract and owe the full amount."

2) Renter: "We tried to do the labor, but the owner didn't provide materials he was required to and didn't 'help' as required. He breached the contract and we want a refund of the deposit."

Who to believe???? And the answer to this question hinges entirely on what proof each party can bring to the case.

However, there is one important issue that was quickly mentioned and then dropped. Your post says, "... they spoke to the man about getting out of the contract. He agreed completely as he knew he would not have the time to get the boat into the water." Was this 'agreement' to void in writing??? If so, that is your 'smoking gun'.
If not, then you are back to the issue of who's proof weighs more.

But, the plaintiff (sister and fiance) has the burden of proving their version. And the defendant ("Skipper") only has to prove that their version is false.

Sounds like another law101 course... "ALWAYS GET IT IN WRITING!"

 

[LegalBeagle]

A lack of receipts for the materials will also go against the owner.

 

[JETX]

Only if there were a clear understanding that the boat owner was responsible for furnishing materials and what those materials were.

From my read of the post, it doesn't appear that anything regarding the repairs (or obligations to such) were clear to any party.

Definitely, a lawsuit in the making.

 

[mrstchr1]

thanks

Thanks everyone for you help. I haven't seen the actual contract so I am not sure how the wording went. This will definitely be a learning experience for them, no matter how it turns out.