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.

Good case
1. witness
2. no paper work saying purchase was "as is" so verbal statements can be used.
3. you can use an "assumed" warranty. They will fight it and it will be up to the judge.
4. you will need the mechanic who inspected it to testify be sure they are certified, or have some proof of their expert standing

I assume you have already contacted the seller to ask to return the boat in exchange for your money back, and he said "no," correct?

I think that if the boat is deemed unseaworthy by a competent repair shop you have a case. The fact that "as is" is not on the bill of sale is a point in your favor. So are you planning to sue for the cost of repairs required for you to repair the transom and mount the drive?

I believe all boat, car, trucks are sold "as-is" unless there is a written warranty. Did you pay the Indiana sales tax?

Hello m:

I don't agree with my friend, the Padre. Saying the boat is in "good shape" is called puffery. It is NOT a warranty. When he agreed to your inspecting it later and calling him if there were any problems, also does NOT constitute a warranty. Furthermore, if your state law doesn't say otherwise, the sale is automatically an "as is" sale, and doesn't need to be written anywhere or witnessed by anyone.

Plus, the fact that you didn't immediately inspect the boat, weakens your case dramatically, in my view - especially since you SAID you WOULD call him IF there were problems. Then when you consider the fact that you'll have to travel to attend court, I think it's a waste of time.

You were there. You COULD have and SHOULD have had the boat inspected BEFORE you bought it. You didn't. That's on you.

excon

In my area it's "as is" unless otherwise stated. Also, the entire agreement/contract is within the borders of the paper. In other words, side conversations and warranties are meaningless. The contract is what is binding and enforceable.

Might a Small Claims Judge rule otherwise? Possibly - but that's the law.