sold a boat and it busted!

[kwikrnu]

Re: sold a boat and it busted!

I saw that ad after I bought my boat a week or so earlier and forwarded it to my brother in law for him to take a look at. I'm glad he didn't buy it. But yeah, "as is" and I wouldn't pay the boy anything toward the fix. People need to realize that a boat that old is bound to have problems.

 

[kwikrnu]

Re: sold a boat and it busted!

I saw that ad after I bought my boat a week or so earlier and forwarded it to my brother in law for him to take a look at. I'm glad he didn't buy it. But yeah, "as is" and I wouldn't pay the boy anything toward the fix. People need to realize that a boat that old is bound to have problems.

 

[country_bumpkin]

Re: sold a boat and it busted!

Just got off the phone with Mom, and him.

He now says that he was out for 3 hours, and that there was no oil in the motor. He said the boat started to slow down and knock, and then blue smoke and then it quit.

When he looked at the engine on Saturday he asked when the last oil change was. My answer: several weeks ago and then I showed him the clean oil on the dipstick and the level it was reading (full).


Now, the oil pressure guage does (did) work as did the engine temp..........
as many poster have mentioned they would give you an indication of something going wrong, and give you an opportunity to avoid any major damage.


They are threatening to sue me if I don't replace the motor or take the boat back and refund their money. They say my ad misled them, that I said the engine was excellent when it really wasn't......

I had just bought a sailboat last Sunday and the seller put on his bill of sale:"Sold as is, no warrantys". I felt this was fair, I had ample opportuinty to go over the boat before the deal. Hence I put it on my Bill of Sale for the I/O.

Oh well, thanks for overwhelming support.....I feel better about my position, but still hate it for the kid. I have a 20 y.o. boy too and would feel terrible if it happened to him, but I would have gone over the boat with him and made sure he knew what to look for, and what to watch out for out on the water.....

 

[Tredeb]

Re: sold a boat and it busted!

He now says that he was out for 3 hours, and that there was no oil in the motor. He said the boat started to slow down and knock, and then blue smoke and then it quit.

If there is no oil in it, I would think he blew a seal or gasket, as it was there before. This would show up on the oil pressure and water temp long before there would be damage to the motor. Engines can run pretty low on oil before they pop.

They talk like you knew there was no oil. I have run engines, on cars mind you, low on oil and water when only an idiot light is available. The engine always gives signs before there is serious damage. You may end up taking a few hours off the motor life, but if you pay attention, you usally will not kill the motor.

My guess is that something happened to cause the oil to leak out and then the signs of the motor failing were ignored. Unless there is no oil because he threw a rod through the oil pan!

Bottom line, don't buy an old boat and expect it to be maintenance and trouble free. Sounds like you did your due dilligence and you should tell them to take a hike. I, like you, may have paid a few hundred dollars back, to be a nice guy, but it sounds like they are being jerks, so I would not do it now.



My guess is

 

[WAVENBYE2]

Re: sold a boat and it busted!

I have to agree with every one else on this. He is a young kid with the need for speed, I totally agree with the Idea of him hammering it down the whole time and not keeping an eye on the gages,(like we would) I'll admit when we got our boat I wanted to see what she could do and show off a little too and I'm 39. with the need for speed. I believe when he bought the boat, he bought all the responsability that comes with it, he is now a proud boat owner and has to accept all the problems that comes with it, as do we all. He buys the boat runs the h out of it and now mommy wants you to pay for his mistake "never" I should call her up and ask "will you be my mommy too" Sorry to hear he took your boat that you cared for, for so long and ran it to the ground. "AS IS" that was the deal !!

 

[rogerwa]

Re: sold a boat and it busted!

If you had it out with him and ran through all the operations on the lake with him, it clearly had oil in it.

You disclosed everything that was asked and then some. He operated for three hours. If it had no oil it would not have lasted three hours. Once he takes possesion and operates it out of your oversight, he is on his own.

Did he ask for a compression test? Did he ask to have it checked out by a mechanic? Did you provide full access for his inspection? My guess is no to the first two and yes to the last one. If he takes you to court you can show he did not do the proper due dilligence and you are not liable for his error.

Maybe he got it home and decided to show how well it ran and ran it in the driveway without water and overheated it.. You simply do not know what happened after he drove off. And he agreed to the AS-IS bill of sale. He has the burden of proof if he chooses to go to court and frankly you have a strong defense.

Do not offer him anything as that may weaken your position, and frankly you have to be aware that he may be covering his own mistakes.

I would reflect these items to him and say he is on his own.

 

[BoatBuoy]

Re: sold a boat and it busted!

I agree with everyone else. It's his. Unless......he hasn't turned 18. You said he was a young guy but I hope he's 18 or over.

 

[tmh]

Re: sold a boat and it busted!

OK, as SOON AS the words "demand" and "sue" came out of their mouths ALL desire to try and find a solution would have gone out the window if I were you. They have absolutely no claim in court, so don't worry about that. Just tell them they took the wrong tact and now they can go to ****. Document all calls and written complaints, offer absolutely NO help in any way because they'll use it against you later!

IF the oil ran dry, obviously that is NOT a problem that was present when you owned the boat and sold it to him. Either he caused it, or something else happened. Even if he did nothing wrong and it just was bad luck/timing, too bad.

 

[Gary H NC]

Re: sold a boat and it busted!

I think the kid just run it so hard it blew a seal.
The fact that you showed him the oil was full on the stick proves you were honest.
i bet he had a boat load of friends on the boat and was showing off hammering on it the whole time.
Let them waste the money on a lawyer,if they could even find one to handle it.I doubt they will.
By this point i would have told mommy where to go....

 

[country_bumpkin]

Re: sold a boat and it busted!

Ya, some more inconsitiencies, the two hours turned into three, and now it is up to five. Three hours at first, then another two after lunch.

At first Mom said she was there, when I asked her how the boat was being operated she now tells me she was there only when he was being towed in.

I talked with the boy awhile ago, he is saying that something was wrong with the engine, that there should be no way that it should go through that much oil. He almost acused me of "topping" it off with new oil on Saturday, just to hide the fact that it leaked. I mentioned the fact that if there was a leak that is would have shown itself when we pulled the plug on the ramp, that oil would have dripped out of the transom.

I feel if there was a leak when he was driving it (and there wasn't when I had it) that it would be very appartent, it would smell, there would be smoke etc.....

Anyway their attorney is sending me something, or maybe there just trying to scare me.

 

[Bigprairie1]

Re: sold a boat and it busted!

...they want to sue you?....it would be cheaper to fix the motor. What a ruse.
Maybe Judge Judy...is one of the forum members.
Stand your ground and remind him/them of Caveat Emptor ('buyer beware').
You showed him the oil, you took him out for a successful test drive...what did he want....a written warranty and a bunk set up for you and your tools in the front cuddy?
Meet with them for a heart to heart, face to face. Bring your facts, bring your proof...put it to bed.
Good luck.

 

[kwikrnu]

Re: sold a boat and it busted!

I seriously doubt they are going to hire a lawyer to sue you. Who hires a lawyer to go after a $5000 problem which may or may not be winable. That is what small claims courts are for. I've sued people in Davidson county small claims several times and won. I'm sure Williamson county is the same. They have to come to you if the boat was sold in Franklin. IMO, in the unlikely event that they were to sue and you told the judge exactly what you wrote on this forum(i.e. you went for a test drive before the sale and everything worked well, and the bill of sale says "as is") you would successfully defeat him.

 

[BF]

Re: sold a boat and it busted!

well... they've got enough cash to pay an attorney, so don't feel so bad. If you haven't done so already, save/print a copy of your original ad, and add it to all your documentation (start preparing your court case). Don't offer them any compensation, since that just opens the door to you admitting liability. I would probably respond to whatever the attorney sent me with a photocopy of the bill of sale with his signature, and "as is no warranty" highlighted. I'm guessing that would be the end of it...

I think it's probably a classic scare tactic... Lawyers will often charge a flat rate of a couple hundred bucks to send a letter threatening legal action etc etc even when they may well know they don't have a leg to stand on (and which they may have already told their client). But if you pony up with a refund, then it was money well spent, right? The only way I can see you having to pay, is if he truly is a kid (not of legal age), in which case a lawyer may argue the signed sale should be voided because he wasn't of legal age to enter the contract (?). My Dad had that happen to him when a 16 year old bought a car from us, but brought it back the next day and wanted his money back. My Dad's lawyer told him that the kid was within his rights, and that in the future he should get a parent/guardian to also sign the bill of sale. Anyway, the car wasn't returned trashed or anything, and was re-sold again quickly. Maybe things are different where you are?

At any rate, ANY feeling of sympathy for this "kid" would've evaporated for me by now. Especially when they started the lawyer chatter. I simply wouldn't talk to them again.

 

[Sea Mitch]

Re: sold a boat and it busted!

I've been on the buying end in a situation like this. I bought the boat, motored 3 hours back to where my slip is and everything was fine. Two days later the number one cylinder blew. They said I ran it out of oil, but there was no alarm and I know there was oil in the tank. Anyway, I didn't even think of asking the seller for money. Stuff happens. You go to Atlantic City, you sometimes loose! I had a refurbished head installed and I've had the boat for 5 years so far and love it. Don't give in. Sounds like your a nice guy that's being taken advantage of.

 

[TwoBallScrewBall]

Re: sold a boat and it busted!

Bought my first boat back a few years ago. Took it to the ramp, launched it, made it about 2 miles before the #4 rod came clean through the 3.0L OMC engine block.

Little trooper made it all the way back to the dock on three cylinders and no coolant or oil (since it was all in the bilge). Died 50 feet from the ramp, I glided right up to the dock.

Any used motor vehicle is sold "as is" "where is" unless there is a specific contract otherwise. Tell the mother to go suck an egg. Her little boy will have to chalk this up to one of life's lessons. The fact they are threatening legal action on a used boat sale shows that they are completely clueless.

My opinion, perhaps the kid ran the motor out of the water since it sounded cool, cooked the impeller, which resulted in overheating, then head warpage, oil leaking into cylinder (blue smoke), then once the oil all burned off the engine went to the great junkyard in the sky.

 

[licketdsplit756]

Re: sold a boat and it busted!

as is means just that and will hold up in a court of law.

 

[SS MAYFLOAT]

Re: sold a boat and it busted!

CB, DON'T give him a dime or anything less! If you do,,,that may indicate that you may have not disclosed a problem. Sounds like your a good hearted guy, but don't fall to this guys ignorance.

My guess is that he started it up without muffs, weakend/overheated the impeller, overheated the engine causing blowby which blew all the oil out. Its been on this forum many many times.

Pass on to him about this website since it is a good place for parts and info. Probably after reading lots of the stories available,,,,,,,,he will know what he did wrong!

 

[rndn]

Re: sold a boat and it busted!

Don't give hima dime unless you specifically knew of a problem which you did not disclose. He probably did run the boat in the driveway to show someone and did not know the damage he would do. I'd feel sorry for him if he had called you man to man instead of having mommy call.

 

[tmh]

Re: sold a boat and it busted!

No, do NOT meet them "face-to-face" as someone suggested. As a matter of fact, tel them you are tired of discussing the matter on the phone as your position is perfectly clear and no more can be said.

Only respond to specific written communications, and then only with specific fctual info in your favor. You do not need to get all worried 'cause they paid some ambulance chaser to write you a threatening note. IF there is anything you NEED to do, the court will tell you.

Be nice at this point at your own risk. They're setting you up if they can.

 

[country_bumpkin]

Re: sold a boat and it busted!

I agree.

I think for now I will not answer their calls, and won't worry if I get a letter from an attorney.

I might get nervous if I get a subpeona.

But wait, look:

As is (or as-is) is a legal term and concept used to disclaim liability for an item being sold. "As-is" denotes that the seller is selling, and the buyer is buying an item in whatever condition it presently exists, and that the buyer is accepting the item "with all faults", whether or not immediately apparent. This is the classic "buyer beware" situation, where the careful buyer should take the time to examine the item before accepting it, or obtain expert advice.

A seller of a used automobile, for example, sells his car to a buyer, and puts into the contract of sale, the statement: "The buyer accepts the automobile AS-IS, WITH ALL FAULTS". Two minutes after the buyer drives off with his shiny '87 Honda Accord, the engine seizes, and the car stalls. Unless the buyer can show that there was some fraud involved in making the sale (maybe it is actually a mismarked 1976 Gremlin), he is stuck with the car without any recourse to return the car to the seller, or to get his money back.