Sold my boat now he wants to sue me HELLP

[Cptkid570]

How old is this guy that bought it? There is no way that he recorded your conversation. I bet he is just saying that to make his threat sound more credible. Tell him to take you to small claims court and bring the recording with him. Let us know when you are on Judge Judy! I can't believe that this guy was so anxious to buy a boat that he bought one in the middle of the winter and hasn't tried the boat out until August. Tell him that you spoke to your attorney and that you will counter sue for your court costs. LOL

I'd suggest throwing the guy a few bucks too, but if you do it once, he will come back to you every time there is a problem.

 

[DAN M VAGOS]

He is now telling me that he did not now his phone was on but he recorded me telling him everything works witch it did. I would say he is 55 + and I got my boat new to me boat in the winter also but you bet you a** it was in the water within a week ice on the pond and all.

 

[midcarolina]

The guy sounds like a typical Yankee shyster..............The mere fact that he say's he recorded you means he was up to no good!

It's been month's since you sold him the boat....... One of his rugrats could have started the boat in the drive way and smoked the impeller
or maybe he is a dunderhead and did something himself.......... In any case it is not your problem....... give him ANY money for the repair and you have now agreed to a warranty......And can gaurantee more issue's in the future with this con man.........

 

[thumpar]

You don't know what has happened since he has had it. I would tell him to pound sand.

 

[smokeonthewater]

....... give him ANY money for the repair and you have now agreed to a warranty......

THIS!

Further, while I might have helped him if he had asked nicely, the second he mentioned suing, my only reply would be "I'm sorry to hear you are having trouble but it isn't my fault, do not call me again"

 

[roscoe]

"I'm sorry to hear you are having trouble but it isn't my fault, do not call me again"

This is still the best route to take.

Now, isn't anyone going to bring up our famous country bumpkin story?

.
.
.
.
.
.
.
.
.
.
http://forums.iboats.com/forum/gene...-and-it-busted?t=207127&highlight=sold+busted

 

[airdvr1227]

I would suggest you not have any more hone conversations with him. Phone calls mean nothing. The only thing you need to respond to is a certified letter.

Out of curiosity how much did he pay for an '89 Bayliner with a Force?

 

[tpenfield]

Motor vehicle consumer protection laws in Massachusetts puts the seller on the hook for any repair amounting to 10% or more of the purchase price for 30 days after the sale. So, there is probably no grounds for reimbursement to the buyer given the 5 months of time.

From a legal standpoint, I don't see any obligation to pay. The more important issue is what you will need to do so he leaves you alone and accepts the boat as his own.

 

[Augoose]

So this guy decides to record me. He being one of the two parties being recorded give his consent to being recorded. He does the recording. Now he can sue me based on that recording? Sounds wrong in any state!

"who are subjected to being recorded" Isn't there a third party involvement somewhere in this?

Just asking!!

Think of it this way (in one party states, for example) - the police using a confidential source make a consensually recorded phone call to a bad guy to order up some drugs. The bad guy agrees to sell some drugs to the source who he believes is another bad guy. The deal happens. The phone call (which was legal to record because the Source gave his consent to the recording where only one party was legally required to do so) is then evidence of a crime along with the drugs that were purchased. I'm not saying anyone can be sued "based" on the recording, I'm just saying the recording was illegal in Massachusetts if it was done without the OP's consent as Massachusetts is a two party state and BOTH parties (Source and bad guy in the aforementioned example) need to give their consent to a recording.

Who would be a third party to a two way conversation and how would they be relevant to this discussion?

 

[DAN M VAGOS]

It was a 89 bayliner Capri with a force 50 with factory trim and tilt he payed $2300. I know it's a old bayliner but u had to see it it was in great condition. I had it wet sanded and buffed and new everything. I had picked up a spare 89 50hp for it that was in great condition I offered to the guy cheap cheap and he was a total ahole about it. I told him I can't see why he would not want spare parts just in case one day he needs something but no he did not want any part of it. Plus I have been texting him to give him a spare hood for the engine spare new Ngk plugs and books for the radios that are in the boat but he could not be bothered to come get them.

 

[lprizman]

he bought a bayliner force combo,,,,that in itself will imply all blame on him,,,,don't worry about,,,whats the actual or implide value at this point $50 -$500 bucks,,,tell him to "f" off,,,and move along

 

[redneck joe]

No warranty or implied warranty, especially if "as is" in included in BOS, even if not the implied idea would be your selling a used boat. I would think any court would hold up to this, unless our in CA. :lol:

The issue seems to to be you have a buyer with buyer remorse or he is just a moron. Tell him it ran and pumped water when sold. Now it is all his.

i vote moron.

 

[redneck joe]

my first 'big' boat was a Bayliner 2550 wthi the infamous OMC. Drive from SW MO to Central IA to pick it it. Ran fine on the muffs. Seller seemed like a solid guy and I'm pretty good judge.


well, OMC I said if you were paying attention. First trip out it locked up.


called him, asked if he knew what caused it - but never asked for $ just advice. He even posted up on BOC about it.

 

[JaCrispy]

If you receive court papers he has to send you copies of his proof, receipts, recordings, etc.

The buyer is just a *****.

But also, I never met a person selling a boat that gave 100% disclosure about any problems. All that's on their mind is to get rid of it.

 

[NYBo]

Plus I have been texting him to give him a spare hood for the engine spare new Ngk plugs and books for the radios that are in the boat but he could not be bothered to come get them.

I hope you've stopped all correspondence with this jerk.

 

[agallant80]

This guy is really spending time going after you over a $50 impeller job? Anyone that knows anything about boats knows that its a ware item. Its like buying a car ang 5 months later saying the breaks need to be changed. You have no idea what happened to it over the past 5 months. If the guy was a new boater and was nice about it and was close I may go help him for a few hours or at least point out the part number and a youtube link on how to do it but this guy is a jerk. I can't imaging him winning if he takes you to court. I would write him back something like

'Hello XXX,

I am sorry to hear that you are having a hard time with the impeller on the boat. Like most things mechanical some items are considered ware items and have a limmited life. An impeller is a ware item. Also after 5 months I don't know what has been done to the boat, there are many things that are out of my control that can prematurely destroy an impeller including sucking up sand, running the boat out of the water and running the boat on a hose without enough pressure. I am sure you can understand that after 5 months I can't be held to be accountable for a ware item that has been out of my control. If you insist on perusing this issue with the court system you are free to do so. If I am forced to take time off of work to deal with this issue I will be pursuing you for lost wages and court fees which will amount to allot more than the $50 impeller. I would expect that this should be our last communication on the issue outside of the court system. I will not be harassed, intimidated or bullied in to covering your repair bill"

 

[WIMUSKY]

I hope you've stopped all correspondence with this jerk.

This.

 

[bruceb58]

I would write him back something like

'Hello XXX,

I am sorry to hear that you are having a hard time with the impeller on the boat. Like most things mechanical some items are considered ware items...

And make sure you run a spell check first!

 

[agallant80]

And make sure you run a spell check first!

I knew someday I would find out what those red squiggley lines were under my words.

 

[bruceb58]

It was a 89 bayliner Capri with a force 50 with factory trim and tilt he payed $2300.

I would be mad if I paid that much for that boat too!