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I sold a boat "as is" after confirming with buyers that it ran on test ride and all was well. Now complaining about problems.

Charleston, SC |

Buyer now wants to sue me for repairs when they had no complaints after test ride and were anxious to buy. Bill of sale , numerous extras given to them totaling approx. $500 . "As Is" written statement given to them after all was confirmed and agreed on and also delivered boat to their residence due to them not having any boating experience whatsoever. They have contacted 2 TV court shows trying to get me to agree to be on them stating that we would make money and that if I lost the repairs would be paid by the show. This boat was running fine before they purchased it and they now state that it had to have repairs totaling almost $2400 of which they want me to pay as well as court cost. I have not seen any repair bills or what they were for. They just want me to pay for all of this.

Attorney Answers 1

  1. I'm not sure what the question is. If you are asking if you have a defense, the answer is yes. Obviously, the "as-is" disclaimer, if done correctly, may protect you. Part of the questions revolves around the other documents you provided the buyer and what you told him. Another part might be whether this was a private sale. If it was, you are more likely to be successful. If you are a merchant and the buyer is a consumer, you might have an issue as you might have been required to divulge more information about your knowledge of the boat.

    As for going on tv, you may want to weigh your options. On the one hand, it sounds like you would not have to pay for anything since the tv show would be picking up the tab. On the other, you will have to take time off from work. If by some chance you lose, will it make a difference to you back home. In other words, will you be concerned about what others say about you?

    The information provided should not be considered legal advice. I am not licensed to practice in any State other than SC. The results of your case will depend on the presentation of evidence, the law and other factors that may change depending on an in depth analysis of the facts of the case. Please see an attorney before making legal decisions.