reelfishin
Captain
- Joined
- Mar 19, 2007
- Messages
- 3,050
Re: sold a boat and it busted!
I think you just about hit the nail on the head here, it was most likely doomed long before he ever hit the water with it.
If his mother was with him when he bought the boat, there's no concern about his age, he obviously had parental consent.
I have been a mechanic on cars, truck, bikes and boats for over 20 years and can tell you that a good running motor is not likely to just blow up or throw a rod, he did something and he knows it. Make it very clear that dissassembly of that motor will certainly tell the story. If he didn't toast the impeller before launching it, it's also pretty likely he ran somewhere he shouldn't and sucked up a bunch of sand or grass. Your ad mentions a rebuilt motor in 2005, you've been running it since then so you've pretty much ruled out any engine builder error, if something was going to fail due to shoddy work, it would have long before he got that boat. A boat engine works much harder than does an auto engine, a boat does not coast, if it's moving, the motor is working, and usually working hard, so if there was a weak link, the first time you pulled a skier or wound it up to cruising speed it would have shown any problems.
As mentioned above, don't offer them anything at this point, a reasonable person would have most likely come to you politely, not accusing.
As far as small claims court, most have monetary limits, I believe it's $2500 here. Lawyers are also frowned upon in small claims court, it's meant to be a peoples forum.
If they want to bother with an attorney, simply respond with a copy of the original receipt with the AS IS part highlighted with his signature, nothing more. Chances are that will be the end of it. Make them do the work, don't go out of your way at this point for them in anyway. In court, they would have to prove that you intentionally hid or concealed defects or problems with the boat. It sounds like you took him on a pretty lengthy test ride, which would have pretty much eliminated any doctoring or concealment in my eyes.
When I go to buy a boat, and I am expecting it to be a good runner, not just a fixer upper, I take a compression gauge, some tools and pay very close attention to all details. I check the oil for not only water or signs of metal, but look to see that it's not full of additives which may have been added to try to cover a problem. (Such as a motor that's had extra heavy oil added to hide low oil pressure, or a knock).
I look for signs of regular maintenance, If the owner says it's had a new motor, I look to see that there are signs of it being changed, not just fresh paint. If the buyer did not check the engine, or did not have the knowledge to do so, its on him. If he's old enough to buy a boat, he should be old enough to know what responsibilities are involved in ownership. Again, as-is means AS-IS.
Do be aware that some states have an implied warranty over a certain dollar amount, it comes into play with used cars. I've seen a few dealers get burnt with this. The argument is that if the vehicle was sold for x amount of dollars, then it should be assumed that a vehicle worth said amount of money should be in good usable condition and free of defects. That is more so reinforced when the vehicle is sold by a party which has a good basic knowledge of such a vehicle and often in the eyes of the law would have known that any such problems did exist. I've seen people come back on dealers that sold a car AS-IS only to have the customer come back and sue in small claims court saying that the problem was not disclosed or that they were in effect overcharged for that vehicle. Try this link it may give you some insight on your state's laws: http://www.freeadvice.com/
Also look into implied warranty and As Is sales.
In my opinion, they don't have a chance, give them nothing. I don't think that anyone would be so stupid as to waste the time to pay an attorney to go to court to recover such a small amount, it would be cheaper to just buy a new motor. If it goes beyond just a letter from an attorney, then worry about what to do, at best they may try a small claims case, but I would check to see what you local limits are for that, chances are they can't even claim the full amount.
Chances are that mommy didn't want junior to the buy the boat in the first place, and now she's blaming you for mess he made.
Once this drags on a bit and they realize that you will not give in or pay anything, they will soon lose interest.
They are making it a matter of principle at this point, it sounds like they are used to doing business this way.
I think you just about hit the nail on the head here, it was most likely doomed long before he ever hit the water with it.
If his mother was with him when he bought the boat, there's no concern about his age, he obviously had parental consent.
I have been a mechanic on cars, truck, bikes and boats for over 20 years and can tell you that a good running motor is not likely to just blow up or throw a rod, he did something and he knows it. Make it very clear that dissassembly of that motor will certainly tell the story. If he didn't toast the impeller before launching it, it's also pretty likely he ran somewhere he shouldn't and sucked up a bunch of sand or grass. Your ad mentions a rebuilt motor in 2005, you've been running it since then so you've pretty much ruled out any engine builder error, if something was going to fail due to shoddy work, it would have long before he got that boat. A boat engine works much harder than does an auto engine, a boat does not coast, if it's moving, the motor is working, and usually working hard, so if there was a weak link, the first time you pulled a skier or wound it up to cruising speed it would have shown any problems.
As mentioned above, don't offer them anything at this point, a reasonable person would have most likely come to you politely, not accusing.
As far as small claims court, most have monetary limits, I believe it's $2500 here. Lawyers are also frowned upon in small claims court, it's meant to be a peoples forum.
If they want to bother with an attorney, simply respond with a copy of the original receipt with the AS IS part highlighted with his signature, nothing more. Chances are that will be the end of it. Make them do the work, don't go out of your way at this point for them in anyway. In court, they would have to prove that you intentionally hid or concealed defects or problems with the boat. It sounds like you took him on a pretty lengthy test ride, which would have pretty much eliminated any doctoring or concealment in my eyes.
When I go to buy a boat, and I am expecting it to be a good runner, not just a fixer upper, I take a compression gauge, some tools and pay very close attention to all details. I check the oil for not only water or signs of metal, but look to see that it's not full of additives which may have been added to try to cover a problem. (Such as a motor that's had extra heavy oil added to hide low oil pressure, or a knock).
I look for signs of regular maintenance, If the owner says it's had a new motor, I look to see that there are signs of it being changed, not just fresh paint. If the buyer did not check the engine, or did not have the knowledge to do so, its on him. If he's old enough to buy a boat, he should be old enough to know what responsibilities are involved in ownership. Again, as-is means AS-IS.
Do be aware that some states have an implied warranty over a certain dollar amount, it comes into play with used cars. I've seen a few dealers get burnt with this. The argument is that if the vehicle was sold for x amount of dollars, then it should be assumed that a vehicle worth said amount of money should be in good usable condition and free of defects. That is more so reinforced when the vehicle is sold by a party which has a good basic knowledge of such a vehicle and often in the eyes of the law would have known that any such problems did exist. I've seen people come back on dealers that sold a car AS-IS only to have the customer come back and sue in small claims court saying that the problem was not disclosed or that they were in effect overcharged for that vehicle. Try this link it may give you some insight on your state's laws: http://www.freeadvice.com/
Also look into implied warranty and As Is sales.
In my opinion, they don't have a chance, give them nothing. I don't think that anyone would be so stupid as to waste the time to pay an attorney to go to court to recover such a small amount, it would be cheaper to just buy a new motor. If it goes beyond just a letter from an attorney, then worry about what to do, at best they may try a small claims case, but I would check to see what you local limits are for that, chances are they can't even claim the full amount.
Chances are that mommy didn't want junior to the buy the boat in the first place, and now she's blaming you for mess he made.
Once this drags on a bit and they realize that you will not give in or pay anything, they will soon lose interest.
They are making it a matter of principle at this point, it sounds like they are used to doing business this way.
