What would YOU do in this case? (please read)

[MinnMan]

[No message]

 

[Clams Canino]

Re: What would YOU do in this case? (please read)

Originally posted by MinnManMe:<br /> Ok...after long and extensive thought <snip><br /><br /> Please...spare me the lectures on "you were an idiot for making this transaction", <snip>

I'm having trouble reconciling your opening line with your last. <br /><br />Your in a tight spot. But I doubt that the motor problems are his doings. If the boat was set up right even all day at WOT should not have damaged the motor. If it was indeed a professional rebuild - then perhaps the shop that did it will stand behind it. They do NOT have to know you sold it. Have him bring it to you - and you to the shop.<br /><br />OR<br /><br />Undo the whole deal - and take it to the shop yourself and demand it get fixed. Then don't make such a silly deal the next time. <br /><br />-W

 

[JB]

Re: What would YOU do in this case? (please read)

Howdy, MMM.<br /><br />Welcome to iboats. <br /><br />First, I would give your buyer a link to iboats. Maybe he will accept some advice on repairing the engine.<br /><br />Like any creditor, you are at the mercy of your debtor and may need to take legal action.<br /><br />Good luck, you need it.

 

[MinnMan]

Re: What would YOU do in this case? (please read)

 

[Clams Canino]

Re: What would YOU do in this case? (please read)

Originally posted by JB:<br /><br /> Like any creditor, you are at the mercy of your debtor <snip>

JB is obviously not Sicilian. <br /><br />-W

 

[Clams Canino]

Re: What would YOU do in this case? (please read)

Never enter into a complex transaction where it appears someone is the personality type that likes to get "something for nothing".<br /><br />For all you know - he's making it all up just to stiff you. Deadbeats never change thier stripes.<br /><br />JB is right - Absent any warrenty on the motor rebuild, this is headed to litigation - which over 1000 mile spread will be costly and then difficult to collect. You'll have to get a lien on his real property to insure you ever get paid. If he bought it "as is" - you're in the right - but have fun turning "right" into "cash".<br /><br />I hope you saved the emails where he was initially happy with it. If not - check your outbox for stuff you replied to - they might be in there as quoted text.<br /><br />His trade coming up "bad" only strengthens your case. <br /><br />-W<br /><br />

Originally posted by MinnManMe:<br /> Thanks, JB. Appreciate the welcome aboard. And you are right, its unfortunately one of those transactions thats likely to end up litigated.<br /><br />Heres another point to be considered: how much would you trust the buyer after receiving their portion of the trade in the condition it was in...to be honest with you about what happened?<br /><br />I seriously question the buyers tech/mech ability after seeing the quality of their trade as well as a few of the emails.<br /><br />My concern is: it was sold as is, I wasnt there to see it, and the warrenty is long gone. How much obligation do I have to someone that didn't handle their initial end of the transaction as honorably as they could or should have?

 

[LubeDude]

Re: What would YOU do in this case? (please read)

First off, Im sorry you have gotten yourself into this.<br /><br />The way I see it, you have NO choice but to take his boat back, and get your boat and cancel the whole deal and eat it. Surely you still have the title. Avoid making deals like this in the future. He likly will not make any payments, so do your part for the repo with the county and state he is in, then you will have to take a sheriff with you to get the boat. Its going to be a pain in the A$$ for sure. Hope you have copies of everything.<br /><br />Another lesson learned

 

[MinnMan]

Re: What would YOU do in this case? (please read)

 

[BillP]

Re: What would YOU do in this case? (please read)

You posted while I was writing this so it is "after the fact". Where I live in Florida there is no way to enforce a small claims judgement. The system only awards you the satisfaction of being right. You are lucky Minn enforces small claims...good luck.<br /><br />You have three choices and the buyer probably won't like all of them...he has you by the gonads so you don't have a lot of control. Courts and lawsuits are totally stupid in this situation.<br /><br />1. fix the motor or discount the deal.<br />2. take the boat back and refund.<br />3. remind the buyer it was sold as is and he still owes you $6000...and take the chance he will pay.<br /><br />I would first ask the buyer what his expectations are and go from there. Figure on eating some bucks.