Are there any Consumer Protection Laws when buying a Used Boat from a Broker? Every time we take the boat out there's a problem

Since day one of owning this boat (1987 SeaRay) the boat has an overheating problem. We have had it repaired more than once and the problem still exists.
We did not get to use it much last year. This year, our first time out on the water, it overheats again.
Do we have any legal rights? Can we pursue obtaining our money back from the Boat Broker? They have not been able to fix the problem.

What recourse do we have?
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Answers (1)

Ronald Lee Burdge

Ronald Lee Burdge

Contributor Level 7
Your legal rights with a bad used boat depend on the paperwork used to sell it to you and the representations made by the seller and if the seller was in the boat business. First the paperwork. If the sales documents say you bought the boat as is, then only an oral warranty may survive to help you. Many times, though, the paperwork does not say anything one way or the other. When that happens you can get one or two 4 year warranties that the law applies in every sale unless the seller expressly disclaims them. It's called a warranty of merchantability and a warranty of fitness for use. They only apply under certain conditions that require much more discussion than fits this space so you should contact a Consumer Rights lawyer near you to learn more. Next, the representations. A seller can give you an oral express warranty too, even if the paperwork says there is no warranty. It's just harder to prove because the seller may deny having said anything to you. An oral warranty can be a representation made to the buyer about how the product is going to perform, for instance. An oral warranty can also survive an "as is" clause in the sales contract too because it often represents the true basis of the consumer's bargain in the first place. Last, being in the business. A boat seller who is in the business of selling boats (not just a casual sale or a private sale) usually has greater legal obligations to its buyers. The problem in your case, though, is that you bought a boat that was more than 20 years old. Unless some specific promises were made to you, or some kind of guarantee was given, you will likely have a very hard time trying to make the seller do anything for you here. You can find a local Consumer Law lawyer by calling your local attorney bar association. Or you can check here for a local Consumer Law lawyer: http://www.ohiolemonlaw.com/locate-a-local-attorney.shtml. You can also find out more about boat lemon law protection at this web site:
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