mdjune
Apr 29, 2010, 08:52 AM
The facts are that I purchased a boat from an individual on December 1st 2009 that he had listed on Craig's list .
Due to weather extreme winter weather the vessel had to be immediately put into storage.
When the seller was showing the boat he repeatedly represented the boat to be in “Good shape, needing only to have the out drive reinstalled.”
These representations were made to me in front of an individual who had accompanied me, and who who will attest to these statements.
I told the seller I would re-install the out drive start the engine and check it out, and contact him if there were any problems. He agreed to this. These statements were also made in front of the individual with me and he will attest to them.
There were no statements or discussions regarding any other warranty issues or "as is" discussed between the seller and I other than the ones just given. The witness was there the entire time. There was no discussion that the boat was being sold “as is” by the seller at any point. The Bill of Sale reflects nothing regarding being sold “as is”. The Bill of Sale reflects only the date, sale price, year modal and serial number of the vessel and the sellers phone numbers.
I examined the boat as soon as weather would allow it to be removed from storage for installing the out drive and running it.
Upon further examination the boat turned out to have rot in the transom. Stringers and bulkhead. A marine repair deemed the boat un-seaworthy and advised that it should not even be put in the water.
I am preparing to file this in Indiana Small Claims, but as I live in Michigan I don't want waste my time and more money if it is likely to be a loser.
Due to weather extreme winter weather the vessel had to be immediately put into storage.
When the seller was showing the boat he repeatedly represented the boat to be in “Good shape, needing only to have the out drive reinstalled.”
These representations were made to me in front of an individual who had accompanied me, and who who will attest to these statements.
I told the seller I would re-install the out drive start the engine and check it out, and contact him if there were any problems. He agreed to this. These statements were also made in front of the individual with me and he will attest to them.
There were no statements or discussions regarding any other warranty issues or "as is" discussed between the seller and I other than the ones just given. The witness was there the entire time. There was no discussion that the boat was being sold “as is” by the seller at any point. The Bill of Sale reflects nothing regarding being sold “as is”. The Bill of Sale reflects only the date, sale price, year modal and serial number of the vessel and the sellers phone numbers.
I examined the boat as soon as weather would allow it to be removed from storage for installing the out drive and running it.
Upon further examination the boat turned out to have rot in the transom. Stringers and bulkhead. A marine repair deemed the boat un-seaworthy and advised that it should not even be put in the water.
I am preparing to file this in Indiana Small Claims, but as I live in Michigan I don't want waste my time and more money if it is likely to be a loser.