Sale question

[Watercanuck]

Hey folks,<br /><br />I am just wondering. Where you are what kind of laws are there regarding the sale of a boat and agreements?<br /><br />My problem is two weeks ago I bought a boat for $6000 under the verbal agreement that there is no problems whatsoever with the boat.<br /><br />Two weeks later my boat is being pulled from the water because of major engine problems and a rotted hull...<br /><br />Is there anything I can do about this if the seller says "Too Bad"...<br /><br />John

 

[CATransplant]

Re: Sale question

Uh-oh. Was this a private party sale or did you buy this boat from a dealer?<br /><br />If a private party sale, you're going to lose, since the private party is not expected to be an expert on boat hulls or engines. <br /><br />If it's a dealer, you're on a little more solid footing, since the dealer is, by definition, an "expert" on boats and should be expected to know about defects and to not misrepresent the boat to you.<br /><br />Same with cars. All private party sales are "as-is," with very, very few exceptions. Dealers are under a bit more scrutiny, since they can be expected to know about critical flaws in a vehicle.<br /><br />In any case, I'm very sorry to hear about your problem with your new-to-you boat.

 

[Mahoney]

Re: Sale question

sorry to hear about your issue, but I hope this can be a lesson to hire a surveyor for a used boat for others. unless you realy know a lot about marine engine systems and have access to satisfy yourself with the hull condition, as well as a test drive on the water, this is money well spent.

 

[bayman]

Re: Sale question

I noticed that you are in Canada. Did you buy it in Canada? Are the laws similar in Canada?

 

[ratracer]

Re: Sale question

Ugh. Sorry to hear that this happened to you, jJohn-Marshe. <br /><br />Did you have an adult witness when the seller originally told you there were no problems with the boat? Has the seller in fact told you that you were SOL, and did you have a witness to that? <br /><br />One other note as a followup to CATransplant's comments: if a private party sale, you would have to show that the seller knew, or substantially knew, that the problem(s) existed before selling you the boat...for example if the boat had been serviced recently at a local marina it might be worth your while to swing by there and have a little chat to see if you can dig anything up.<br /><br />CATransplant: as an FYI Massachusetts has a lemon law that effectively makes 'as-is' auto sales strictly at the buyers discretion, regardless of the seller's status. If a car fails physical or emissions inspection within 7 days and estimated cost of repair is more than 10% of the purchase price the buyer has the RIGHT to void the sale even if no warranty were given and/or the seller listed 'as-is' on the bill of sale.