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gladfeltern · Dec 29, 2005, 10:24 AM

I had helped a friend purchase a boat, with a verbal agreement that it was half mine. The baot is in his name, the insurance in both. I paid directly to the person it was bought from with a check. We now have parted as friends. What chance do I have and what can I do to get my money back.

fredg · Dec 29, 2005, 10:44 AM

Hi,
There was a time when a handshake, a verbal agreement, with someone really meant something. But, those days are just about gone now.
The insurance in both names just simply means you are both responsible for paying the insurance... doesn't mean you own the boat.
Since the boat is in his name only, he legally owns the boat. There isn't much you can do, legally, to recover any money.
I sold a boat to my good friend and neighbor, a bass boat. He didn't have the entire amount, so we both agreed to draw up a "payment plan", saying how much he would pay me every month. Even though we are friends, we both knew the importance of having it written down, so nothing would come up about it later. Whenever he made a payment, we updated the paper, with both having a copy.
Hopefully, your ex friend will listen to you, and pay you back on his own.

RickJ · Dec 29, 2005, 10:49 AM

I have a bit of a different angle... but not that it will be positive for you.

Most states WILL recognize the validity of a verbal contract... but... it is likely that you would incur more in legal expenses to pursue it than it's worth.

What state are you in?

If you're really willing to pursue it, you might be able to sue him in small claims court - but you'd want to check your State's laws about verbal contracts - and small claims court limits.

Dr D · Dec 29, 2005, 11:09 AM

It is always better to have written contracts. The Statute of Frauds (has nothing to do with fraud) states that certain contracts MUST be written; such as for the sale of real property; leases greater than one year; a person agreeing to pay the debt of another; and something else to do with being the executor of an estate. You could sue the individual and have a decent chance of winning. You have the 1/2 insurance payment documentation as well as your check to the previous boat owner to help establish an interest in the boat. If you can provide a witness to the verbal contract, that should be a clincher. If the current "owner" is truly a friend he should wish to settle the matter out of court. If you get a judgment against him, that could cause damage to his credit scores, and hurt him more in the long run. I hope your friend listens to reason. Life is just too short to spend it on unpleasant matters.

CaptainForest · Dec 29, 2005, 01:24 PM

Take him to small claims court. States and Provinces vary, but in the US, its around 10,000 per state.

If the judge believes you, you will get your half. The fact that the insuracne is paid by both of you should be used as evidence as you are both co-owners of the boat.

gladfeltern · Dec 29, 2005, 03:20 PM

We are in Pa. I plan to discuss this with him and hope something can be worked out, though not to sure was just curiuos to see if there were options that I could pursue.

CaptainForest · Dec 29, 2005, 03:25 PM

Max limit of small claims court in PA is $8,000

So you can sue in small claims court for up to $8,000.

Web Site reference:
http://www.legalzoom.com/law_library...ification.html

And since you plan to talk to him, have the boat put in BOTH your names. Or have him buy you out, or you buy him out.