I bought a 1986 searay Seville from a person selling on computer went to pick the boat up seller stated the boat was in great shape no problems hooked up to hose and turned over sounded ok well today we took out in the water and it never started first time ever going on the lake and couldn't even use it is there some way to get back money in bill of sale there was no statement saying as is or anything please help
Can you get your money back? Maybe. In a used boat sale, your legal rights are mostly determined by the paperwork that you sign and what the seller says to you about the boat and its condition (either orally or with any advertisement). Look to see if anything was written down about any kind of warranty or guarantee or right to cancel the deal. When you bought the boat can matter too. If you bought it very recently, then you may have more legal rights (again, depending on your paperwork and what representations were made to you when you bought it). But that’s still not the end of it. You should contact the seller and try to work this out first. If the seller knew something was wrong with the boat and concealed it from you, that would be fraud in most states, but it will be your word against the seller if you have nothing in writing. But the law is a little different in each state. To find out how this works in your state, you need to call your local attorney bar association and ask for a referral to a boat lemon law lawyer near you. Or you can check this web page for a Free Online 50 State national List of Local Lemon Law Lawyers (they don't pay to be listed here and most of them are members of the only national association of consumer law lawyers): http://ohiolemonlaw.com/locate-a-local-attorney.shtml. Also, for every legal right you have, you only have a limited amount of time to actually file a lawsuit in court or you automatically lose (it's called the statute of limitations), so don't waste your time getting to the right attorney and finding out what your rights are. If this answer was helpful, please give it a “Vote Up” review below. And be sure to indicate the best answer to your question so we can all be sure we are being helpful. Thanks for asking and Good Luck. Thanks for asking and good luck. Ron Burdge, www.BoatLemonLaw.com
This answer is for general purposes only and does not establish an attorney-client relationship. The law in your state may differ and your best answer will always come from a local attorney that you meet with privately. If you need a Consumer Law attorney, click the link above to find a Consumer Law attorney near you.
Sounds like the seller may have made misrepresentations to you, which is not fair game in the legal or real world, so, yes, you may be able to get your money back, but...
You will have to prove the misreps and have some trier of fact, a jury or a judge, believe you AND you will then have to be able to enforce the ruling in your favor.
The legal terrain can be a minefield and rarely is it fun, even if you receive vindication.
Good luck with it.
When the seller is a private party and not a dealer, the sale of the boat is going to be as-is, unless the seller said or wrote something that might create a warranty about the condition or functioning of the boat. The seller made certain representations to you, but they may or may not rise to the level of a warranty that you can enforce.
You inspected the boat and the motor ran, but it doesn't sound like you put the boat in the water for a test drive before you took it home. In my opinion, that will be your biggest hurdle to overcome if you try and sue the seller.
I recommend to never buy a boat "out of water" for the reasons that you describe, and that it's almost impossible to detect a leaking hull when a boat is on its trailer.
I am an attorney who is only licensed in the State of Florida. My answer is general legal advice based upon what I perceive your question to be, and should not be relied upon because every person's facts and circumstances are unique, and because specific laws vary from state to state. To completely evaluate a legal issue requires reviewing and evaluating all relevant facts, applicable laws and other information. My answer does not create an attorney-client relationship, and offered for informational purposes only.
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