going to court for a sold used boat

[dunns]

I recently sold a used boat to a guy who claims now their is a crack in the hull. It is a 99 mr. pike. I never knew about this crack and says its going to cost $1200 to fix since they have to take the floor and gas tank out. He wants to take me to court for it now. Does he even have a chance? If there was a crack there I sure didn't know about it. I had it down in red wing in feb with no problems at all. what do you think about this.
Dunns

[BigBass~]

It should be covered by LUND. Even if it wasn't... Buyers responsible for looking over before purchase.

But anything could happen.

BB

[wyosteve]

The Uniform Commercial Code provides that "unless there is something in writing to the contrary, all sales are "as is". His problem, not yours.

[steve(IL)]

The latin phrase "Caveat emptor" (or something like that) means
"buyer beware". On the other hand, put yourself in the buyer's place..... how'd you like to buy a late model '99 only to have it take a dump on you? I'd want to see the "crack" to look for any signs of impact. Seeing that, I would have no sympathy. Or if it's a console boat and this crack might be formed by taking the waves too hard - I'd also be less sympathetic. If it were me, I'd want to go take a look at it to see what the guy is talking about. Ask him to describe exactly what happened and how he discovered the "crack". Good luck in sorting it out.

[wambo]

Sounds familiar.....

Bought a boat with the same problem, but made the Manufacturer Fix it. It took some doing and I lost the boat for an entire season but they completely replaced the HULL. I even had to contact the Coast Guard, they are the GODS when it comes to boat building.

Any rate.... NOT YOUR PROBLEM.... unless he can prove negligence or an obvious attempt to defraud, on your part.

[Billy]

Unless the buyer can prove that the seller (you) knew of the problem and intentionally defrauded him, he cannot prevail in small claims court. The burden of proof is on him.
On used cars/boats the prevailing notion is that the unit is sold; "AS IS" unless the seller gives a warranty to the buyer.
I have sold my cars and boats from my driveway, in the past, and I always write out a written receipt and include the words " as is" on that document.

[mnjimcarp]

if indeed there is a crack, LUND will be happy to make the repair. if the crack is a warranty issue they will fix it. if the crack is a result of an accident, they will fix it anyway.
even if it was an accident, that caused the crack, LUND is very fair on these repair charges.

suggest that he call the factory in New York Mills, MN for some direction on how to proceed.
take care.

[TBO/MN]

I agree with all that posted that the buyer gets it "as is" and all that stuff. But........I sold an older Mercury 10 horse for what I thought was a very reasonable price, and had several interested parties. The motor was in great shape, I had no use for it, and figured, get what I can get for it. I sold it to a fella in St. Cloud, MN.....he came out and looked it over, I asked if he would like me to start it up for him, he said he didn't have time, and wrote the check... first mistake, the check and I went to the bank the next day, no funds, I went to his house, talked it over with him, he said he would make it good, and after a couple of days he did, I thought it was the end of the story. But.....3 weeks later he calls me and tells me that the motor froze up and would not run, and wanted his money back. I told him to take it to the dealer, and find out what was wrong with it, then we would discuss the situation. About a week later he calls again and tells me that it froze up because there was no oil in the gas...well, I said, when I sold you the motor the tank was empty, so you must not have put oil in it, and thats your fault...he got mad and hung up the phone. I thought end of story.....not quite, 2 weeks later I get a letter from a lawyer saying he is sueing me for the return of his money plus lawyer fees. Long story, made short.... we went to court.. he won, I lost because I didn't tell him to put oil in gas, the judge told me that it was my fault the motor froze up because of my negligence....whole process cost me $1100.
Maybe you can understand why I feel like this justice system is set up to protect the criminals and idiots.......You see "fair" has nothing to do with anything

Good Fishin'
TBO/MN

[Al]

One problem with that. I bought a used lund only to find out the warranty is to the original buyer. You still might be able to cut a deal with them. I know some who have.

One more thing, if it is from "impact", the insurance should cover it. If it is a defect, then they should have it out with lund.

You have nothing in this. Unless you stated a warranty, the sale is "as is", as others have stated.

[The Great Guide]

Where is this crack? Is is a defect or from collision? I would like to know. I have several friends who own the PIKE. I would like to tell them to check their rigs.

If this is a defect I think you are in a good position to win if you go to court, but as TBO points out it's not a sure thing. Why not help yourself.

First of all the guy bought a boat and wants to go fishing. Then he finds that the hull is cracked. Naturally he is disappointed if not a tad bit pissed. You don't say how many times he used it, but if it is was once or twice, and if it were me, I would be calling you. Why not take control of the situation.

If this is a defect, the boat is under warranty. Call your dealer and get this guy over there. The three of you should work something out. I think that you can get the dealer to fix it 100% if you push it. If the cost to fix the hull is $1200 and Lund picks up 80 to 90% the cash outlay comes down to $200 to $300. Then split it and go fishing.

TGG

[Ron]

Did you have a lawyer or go it alone? I can't imagine how you lost the case! Why should it be your obligation to tell a dummy basic
operating proceedure when he doesn't accept your offer of running the motor for him?

[bayside]

Everyone is somewhat correct, if the buyer can prove , A) he was knowingly defrauded by the seller or B) that the defect or crack exsited at the time of sale even if the seller was not aware of the crack, the judgement would be in favor of the buyer. Plus the winning party can attempt to collect "reasonable" legal fees and may request a garnishment to collect all monies due.

[TBO/MN]

No lawyers allowed in conciliation court. I think the only reason he contacted a lawyer was to scare me into paying the money back. When in court, neither of us had lawyers. Oh well, lesson learned.

Good Fishin'

TBO/MN

[Bill Coomes]

Only in America!

[IaCraig]

I agree the courts sometimes do not make sense. People should be held liable for their own actions.
As I recall a similar situation is why all new push mowers have that little kill switch bar you have to hold on the handle to keep them running. As I recall a long time ago, someone picked up their mower to trim hedges with it and cut off some fingers. In some other situations dad would walk away leaving it running and a little kid would play with it and hurt themselves. The mower company was found negligent because the owners manual did not state lawn mowers are dangerous if picked up or left unattended, so now they put the bar on because you have to intentionally alter it to keep running if you let go of the handle.

Just another example if the "laws of natural selection" no longer working.

Go figure

[Link]

Sorry to hear your story. It's idiots like that guy that make this world a messed up place. Hard to trust people nowadays. I wish we could turn this whole lawyer/sue/court situation around. I don't know what it would take, but we as a society need to look at it. I remember the turning point being a hot cup of coffee at McDonalds?? Things sometimes just are not right. We need to change it. Link

[another reason]

Another reason to put the ambulance chasers and liberal judges (not all lawyers and Judges are bad) in a very deep dark hole...........

[hgf]

Good advice. A side benefit of talking to him and looking at the boat will be that the dealer will be able to look at the boat, hopefully with you, and can find out more information. Maybe there will be a dent that did not exist when you sold it to him. Maybe he will admit pushing it hard, or hitting something somewhere. That will help you later. If you can't find a dealer, find a good boat mechanic to go with you. You will then have a witness, with expertize, who can testify on your behalf later if you do end up in court. Remember a soft answer turned away wrath. You may collect enough info so the guy won't push it, especially if you recognize his concerns. If you absolutely cannot find anything he could have done wrong, you might offer some partial reimbursement to avoid court. Then maybe the loss on either side will be so low neither one of you will have to resort to high priced lawyers or the court system!! (Am one, been there, won some, lost some, and think 99% should be resolved!)