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What is my right?

Discussion in 'Small Claims & Municipal Court' started by Nannie, Jun 10, 2020.

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  1. Nannie

    Nannie Law Topic Starter New Member

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    Jurisdiction:
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    I placed a $200.00 deposit on a small boat that had been advertised as "A Great Little Boat". The owner allowed me to take it home, paying the $550.00 balance off in a month or so. I worked on it for several days with plans on new carpet, seats, etc. only to discover that it had a decayed transom. The wood was completly rotted away. At that point I called the seller and told him the boat wasn't such a great boat after all, that it needed to be placed in the dump and I could not go through with the deal. We agreed that I would dispose of the boat, he would come pick up the trailer and we could work something out on the motor. I have offered him an additonal 200.00 for the motor. Now, after 6 months , the boat and trailer still sits in my yard. He is threateng me with a small claims judgement and wants the boat put back into the condition it was in when I took it. Can I charge him storage? What are my rights here and what are his?
     
  2. Zigner

    Zigner Well-Known Member

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    It sounds like you guys never came to a new agreement...so pay the man his $550 and enjoy your boat.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    Yeah, I was going to make more words, but that's the gist of it.
     
  4. Nannie

    Nannie Law Topic Starter New Member

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    There is no boat to enjoy. The transome is gone! The boat is nothing but junk.
     
  5. zddoodah

    zddoodah Well-Known Member

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    You can try, but nothing in your post suggests you have any right to recover such a charge.

    Creating lists of rights would serve no useful purpose.

    As far as I can tell from your post (and understanding that we only have minimal details), you and the seller entered into a contract by which he agreed to sell and you agreed to buy the boat for $750 ($200 down and $550 to be paid over time). You took possession of the boat, and nothing in your post suggests that the seller agreed to a warranty or made any false representations of fact about the boat. Absent additional information, you owe the seller $550. It was incumbent on you to inspect the boat to ensure it was to your satisfaction before buying it.

    Then why did you agree to pay $750 for it?
     
    Disabled Vet likes this.
  6. Nannie

    Nannie Law Topic Starter New Member

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    It was not apparant that the transom was gone until we pulled out the back seat and pulled up the carpet.
     
  7. Nannie

    Nannie Law Topic Starter New Member

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    The seller agreed to pick up the trailer after I disposed of the boat. Why would I still owe him $550

    As I stated, the seller agreed to pick up the trailer once I disposed of the boat. Why would I still owe the seller $550. ?
     
  8. adjusterjack

    adjusterjack Super Moderator

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    Did you get that agreement in writing?
     
  9. Zigner

    Zigner Well-Known Member

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    Let's have it your way: It seems to me that YOU have failed to live up to the terms of your subsequent agreement by failing to dispose of the boat in a timely manner, so that agreement is null and void and the original agreement is in effect. Pay the man his $550
     
  10. Zigner

    Zigner Well-Known Member

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    But it is still a boat...one that YOU agreed to pay $750 for, but have only paid $200 for so far.
     
  11. Disabled Vet

    Disabled Vet Active Member

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    I agree with everyone comments... I will add that if he takes you to small claims court that it could show up on your credit report as well. Plus you will be on the hook for paying his small claim fee. As a boat owner myself for many years. The transom is the first thing to check on a older boat. You can inspect it several different ways. You should research on to check the transom of a boat. You should pay the difference of 550 and move on. You might be able to sell the trailer, motor to recover you money.
     
  12. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    I'm really trying to figure out what anyone could expect from a boat that only cost $750.00.

    I wouldn't expect it to float without repairs.
     
  13. zddoodah

    zddoodah Well-Known Member

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    Without a warranty, it doesn't matter because the sale was done on an "as is" basis. It was incumbent on you to do what was needed to discover any defects before agreeing to the sale. You could have insisted on a warranty or other provision in the event you later discovered a defect that wasn't visible upon a reasonable inspection.

    For the reasons explained previously. The trailer is a different piece of property from the boat, and it's not clear from your original post whether any subsequent agreement to pick up the trailer was accompanied by an agreement to relieve you of any or all of your obligation to pay the remaining $550.

    In any event, this is the epitome of a small claims level dispute. If you two can't work it out, you can leave it to the seller to sue in small claims court or not, and you can make your case to the judge.
     
  14. welkin

    welkin Member

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    The agreement is not difficult to understand.

    If OP disposed of the boat, the seller would come and pick up the trailer and no money would be owed. Separately they could work something out if OP wanted to keep the motor. I assume that the motor would go back with the trailer if no deal was made.

    I disagree that OP owes the seller anything of the original deal. A subsequent agreement was agreed to. It is not without cost to get rid of a junk boat.

    The seller knew that that boat was junk or he/she would not have agreed to have it disposed of for the return of the trailer and motor. Even with a used boat there is an implied warranty of fitness for a particular use that it will function as a boat. A rotted transom that is not watertight or would not support an outboard motor will not function as a boat. That warranty applies to both merchants and sellers.

    The warranty can cover all sellers, merchant or not. This warranty arises when the seller has reason to know of any particular purpose for which the goods are required, and that the buyer is relying upon the seller’s skill to select suitable goods.

    If I were OP, I would tell the seller that the boat and trailer and motor are waiting for them to come and pick it up. That they can keep the $200 deposit. But if the seller files suit, I would file a counter claim to recover the deposit.

    The seller is whole plus $200 and can perpetrate the fraud on someone else.
     
    Last edited: Jun 12, 2020
  15. Zigner

    Zigner Well-Known Member

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    Apparently not...since the OP never acted upon it.
     
  16. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    If the motor and trailer are in operative condition they alone may be worth $700 on their own.
     
  17. welkin

    welkin Member

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    Well think about it. Op was to junk the boat but now the seller wants the boat back with the trailer and motor. So OP is in a very good position. OP can junk the boat as in the second deal or return the boat, trailer, and motor to the seller.

    It appears to me that the seller is just blowing smoke to get something more than what was agreed to from the buyer. I would call the seller's bluff.
     
  18. Zigner

    Zigner Well-Known Member

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    Are you posting to the right thread?
     
  19. welkin

    welkin Member

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    Are you? This is about a boat. What thread are you confusing this with?
     
  20. Zigner

    Zigner Well-Known Member

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    Oh, I know what thread it is - I'm just wondering where you are getting your information from.

    Re-read the thread
     

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