sold a boat and it busted!

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Re: sold a boat and it busted!

As IS is AS IS, I don't care of a county mix up on paper work and neither will a judge. I don't think I would even hire a lawyer unless the plaintif is going to have to pay your defense if he looses.

 

[licketdsplit756]

Re: sold a boat and it busted!

To Funny

 

[Linc33]

Re: sold a boat and it busted!

I'm staying tuned...

 

[country_bumpkin]

Re: sold a boat and it busted!

As IS is AS IS, I don't care of a county mix up on paper work and neither will a judge. I don't think I would even hire a lawyer unless the plaintif is going to have to pay your defense if he looses.

I know. I'm sure it will get thrown out for several reasons:

1) Deal did not take place in Knox Co. So that court has no jurisdiction over this case. The kid just happens to live there. WTF? Can I just walk into my county court house and file suit against anyone? anywhere? and require them to travel to defend themselves?


2) I didn't break the boat, he did. I have a signed bill of sale stating "as is". Even without this bill of sale I have no liability.

The problem is I have to spend MY TIME and MY MONEY to travel 6 hours round trip to get this thrown out.

 

[tommays]

Re: sold a boat and it busted!

Around here at least with cars the price is a factor in AS IS

After price X there are rules

People can file suit and make you travel we sell machinery and have to travel all over the country if a judge requires it


Tommays

 

[jeeperman]

Re: sold a boat and it busted!

"I just got served with a Civil Summons"

Have you called the court house to confirm it is legit?

Who knows this kid could be pretty good with computers and photoshop.

 

[es_bob]

Re: sold a boat and it busted!

I don't understand why everyone is out to screw people nowadays. Like you said, AS-IS is just that... AS-IS.

The stupid kid signed the paper, blew it up because he was a newbie, and now expects to get his money back. W-T-F? Really what has this world come to? People need to own up for their own screw ups. Sir, I don't think you will have any problem in court as you have documents stating it as-is, and you even took time out of your day to run the boat with him. If there was a problem with it, I HIGHLY DOUBT a seller would be willing to show the buyer the ropes like you did.

I really hope nothing happens to you, in fact, countersue him for the pain in the *** he has been, and for your time / gas money to drive to HIS county.

Good luck with it all.

 

[Dakota47]

Re: sold a boat and it busted!

Get An Attorney..now....

 

[bruceb58]

Re: sold a boat and it busted!

I would consult an attorney for some advice but this is a pretty simple case and you should represent yourself in court.

Is this a small claims action? If so, neither of you will have attorneys in court.

If you lose the case in small claims court, you can appeal but you will have to have a reason, such as the judge or commissioner did not follow the law in making his decision, not that you didn't like the outcome.

I think you will prevail...only problem will be if the judge/commissioner feels sorry for the buyer...it happens!

 

[smithrock]

Re: sold a boat and it busted!

Call the courthouse and ask for a continuance. Or file a simular lawsuit in your county requiring them to drive to you! Bottom line is there is no way you are liable. AS IS means AS IS. they chose to buy it, they didn't have too. Maybe they should have bought a boat with a warranty.

Good luck , I would countersue! Screw them!

 

[aerwin]

Re: sold a boat and it busted!

that sucks!!!! Guys, this could have been any of us, we will all be selling our boats sometime in our life, upgrading or just getting out of it. I learned alot from this poor guy, first I think we should chip in and send this poor guy a few bucks to help defend himself. Like I said, this fiasco could have happend to any of us! second maybe we should come up with a form, like a bill of sale that has everything on it, like a checklist that covers all parts and have the buyer initial them as they are gone thru. third, tell the buyer to bring a mechanic and if they don't have them initial "mechanic inspection declined"
country sure went out of his way with the test drive and the thorough demonstration to the whole boat. I wish him well and I hope thats the last we hear of a seller who did a fabulous job and is still getting screwed.
GOOD LUCK COUNTRY!!!!

 

[erikh45]

Re: sold a boat and it busted!

Country I feel bad for you. It sucks that anybody can sue anyone at any time these days. I had a similar deal with a kid who blew up a motorcycle I had sold him.
Consulting with an attorney would be good so you can subpeona all the paperwork from the mechanic in a timely manner and get help with case preparation. Chances are good the mechanic is a relative with an overinflated price. You should also be able to file a countersuit to be reimbursed mileage, attorney fees, paperwork costs, and anything else you want to go for in the event their case falls apart. I spend alot of time in court (on the good side). If you represent yourself be prepared for them to lie until they are blue in the face. Have the paperwork to back your story up and make copies in case the court wants copies.
The mechanic said the engine was faulty when he bought it and it was your fault. A good question to ask would be "what was the condition of the engine when you insected it before the man blew it up?" We all know that answer. Then give him a description of the kicker motor on your sailboat and ask him when it will blow up based on his training and experience. That should pretty much shoot down their expert forensic engine witness.
Wish I lived closer, it may be fun to see who they bring to testify. With my motorcycle ordeal I actually found some of the people that were friends of the guy who bought/crashed it. They were there the night that he crashed it. He claimed the engine seized and he crashed. I had statements from several people saying he was doing in excess of 100 MPH with a passenger and swerved to miss a dog. He forged documents from a mechanic that did not exist and ultimately lost the case. I won a countersuit, but have seen none of that money. Pretty much tied up alot of my time for an entire year.
Okay, sorry for the long post, I hate stupid people who make mistakes and place blame elsewhere.

Good Luck,
Erik

 

[country_bumpkin]

Re: sold a boat and it busted!

"I just got served with a Civil Summons"

Have you called the court house to confirm it is legit?

Who knows this kid could be pretty good with computers and photoshop.

It's legit. I called.

I asked the person in the clerks office about jurisdiction. She didn't know.

I asked what law I was being accused of breaking. She didn't know.

I do have an attorney looking into this for me and will keep this thread updated as things progress.

AERWIN is right on. We all have been involved in buying/selling used boats. Protect yourself on either end.

and continued thanks for all the support and suggestions!

 

[RubberFrog]

Re: sold a boat and it busted!

I asked the person in the clerks office about jurisdiction. She didn't know.

The jurisdiction is based on where he filed the suit.

I asked what law I was being accused of breaking. She didn't know.

It's a civil matter, not a criminal matter. Forget the idea of "which law I broke," it doesn't apply. He's not trying to put you in jail. He's trying to screw youout of your money.

I do have an attorney looking into this for me...

That is a great idea. Unless you have a strong grasp of the law, an attorney is always adviseable.

Do let us know how it turns out as I am certain you will prevail.

 

[medic42]

Re: sold a boat and it busted!

I can't even believe an attorney took their case. Interesting to see where this goes...

 

[country_bumpkin]

Re: sold a boat and it busted!

The jurisdiction is based on where he filed the suit.

Thanks RF.

I was wondering if the court in Knoxville had the power(right?) to rule on a transaction that took place in Nashville.

never been involved in something like this so I am probably using and abusing some words.

 

[country_bumpkin]

Re: sold a boat and it busted!

I can't even believe an attorney took their case. Interesting to see where this goes...

I don't think an attorney took their case.

Let's just say that it has come to my attention that these people have an intimate knowledge of the Knox Co. court system.

 

[medic42]

Re: sold a boat and it busted!

Well, It's just ashame that people will go to the extent that they do now days. My wife has been a police officer for over 10 years and it's amazing , some of the stuff she sees and hears of. I had the exact same situation several years ago ( I was on the buying end). I just took it as a life lesson. I know what as-is means. Hope it works out well for you.

 

[dave68iou1]

Re: sold a boat and it busted!

C You should also be able to file a countersuit to be reimbursed mileage, attorney fees, paperwork costs, and anything else you want to go for in the event their case falls apart.

Great Advise. I believe they have caused more pain and suffering on yor part than they deserve. I would certainly have your attorney help you with the countersuit and keep all receipts including phone records (Which you should charge a fee for having to listen...maybe $25/hr consulting?? with a minimum 1 hr charge??) Keep all milage records and gas receipts (Federal milage charges at approximately $0.41/mile) I think you could make this more painful for them as you have tolerated this abuse long enough. Kindness is not weakness and I think you will have to push back some now.

 

[jtexas]

Re: sold a boat and it busted!

Your biggest potential downfall right now is procedural - form over substance - concentrate on meeting deadlines and getting the form of your answer correct.

I found this book:
http://www.amazon.com/When-Your-Lawyer-Step-Step/dp/0895299984

to be very helpful when I got sued by Nationsbank (I won).

You probably don't have to appear but you *do* have to respond - and your response should definately state very clearly "I deny all these charges" or words to that effect, and "I demand a trial by jury." Doesn't mean you'll end up having a jury trial, but do all you can to convince 'em you'll never ever settle.

This is where a lawyer's advice will really help, even if you represent yourself.