Whatever happened to the tail-light warranty?

[ThreePer]

Hi guys,
I got a call today from the people who bought my boat about 1.5 months ago and they want me to pay for repairs and/or are threatening small claims court!
I sold them my 16.5' aluminum boat which ran great. It had some leaky rivets but nothing the bilge didn't take care of when it got up enough. In comparison to the other 3 riveted boats I have been in, it was totally average. I was completely honest about this when they asked too. I fished it in the salt for two years without issue, in fact I put a lot of time and money re-wiring it and getting the motor running tiptop before I sold it for roughly the same as what I paid two years prior. (I even upgraded the trailer too).

I had a feeling that the people who were buying it were not the "do it yourself" types and wondered if they knew what they were getting into with an older 2-stroke powered aluminum, but they were happy as can be when they towed it away (no sea trial, never asked for one). When they called the day after they bought it with all sorts of concern as to why the battery was not hooked up, alarms started dinging in my head. They didn't understand when I said that "I keep the battery inside on a trickle charger", seeing as it was April... More alarms in my head....

Now here we are 6 weeks later and they are accusing me of "lying to them" and wanting me to pay to re-rivet the boat? He briefly mentioned small claims court too which is crazy to me. We are talking about a $4k boat/motor/trailer/gps/sounder combo not a leaky condo!?
I don't want to even use the phrase "buyer beware" in this case because I actually loved that boat. We were just looking for something bigger for the west coast and cruising and decided to sell while the market was spring hot.

Anybody have any insight as to what I should do in case these people decide to put their time and money into the legal system instead of a trip to the marine store to fix what they don't like.... That is what I did when I bought it! Jeez...

Here I am putting all of my time and energy into my new boat now and thinking maybe I should just sue the poor old timer I bought it from for the things that don't work instead of tinkering during the evenings.... No... It doesn't even cross my mind to be honest. I have bought and sold used cars/motorbikes/trucks/houses and never had any issues. If I did I chalk them up as "oh well, my fault I guess"

Maybe I am just a little wound up tonight after the phone call and need a re-assuring word that everything is going to be fine.

ThreePer

 

[JAC]

Did u have them sign a bill of sale. I always get a as is where is bill of sale and sign and date from both party's. i think it cost like $100 bucks to go to small claims court you don't need a lawyer or nothing like that. If you do have a signed document and they keep harassing you maybe remind them of what they signed

 

[Hookin'up]

Buying privately and used is always buyer beware and the court system acknowledges this as well.
When I worked in the automotive industry I was called as a witness to a court case involving 2 private parties with this exact case only for alot more money and the case was tossed on the buyer beware policy so
they are SOL as far as a judge goes, buying from a dealer is another story.
unless your feeling guilty or want to help which can also be considered an act of guilt if you were to help
I would politely remind them that the issues were explained to them at the time of sale and that they own the boat and can do whatever they like with it
its been six weeks and theres no gaurantees,
don't play games or lead them to believe anything else

 

[bigdogeh]

Buying privately and used is always buyer beware and the court system acknowledges this as well.
When I worked in the automotive industry I was called as a witness to a court case involving 2 private parties with this exact case only for alot more money and the case was tossed on the buyer beware policy so
they are SOL as far as a judge goes, buying from a dealer is another story.
unless your feeling guilty or want to help which can also be considered an act of guilt if you were to help
I would politely remind them that the issues were explained to them at the time of sale and that they own the boat and can do whatever they like with it
its been six weeks and theres no gaurantees,
don't play games or lead them to believe anything else

sounds like good advice to me. whenever you buy something used you are taking risks imo. you have to decide weather the risk justifies the reward...

 

[dougthefisher]

"pound sand" is a phrase that you may want to use. I think if you did anything but advise them they own it, and you are now not responsible for it, that may hurt you if they take you to small claims. they at this time have no claim against you.

 

[finaddict]

Let them take you to court. They have to prove that there was ANY kind of warranty (expressed or implied). Without any impartial witnesses, they will be SOL. Was there any paperwork exchanged? Bill of sale? What was written on it? If it was simply the description of the merchandise and value of the transaction, then the transaction is considered complete.

You could always counter sue them for the value of your lost wages for attending court to defend yourself. If the judge sees their claim as a waste of the courts time, you may be compensated for your time and effort.

 

[pescador]

Buyer beware. Unless you purposely lied, made a repair and hid it and did not tell them when "they asked", they are sol. They have to do their own due diligence when buying used. I have some personal experience in a civil law suit I was involved in and they'd have to spend a ton of $ to progress an action against you. I know it gives you a sh#ty feeling, but, I wouldn't sweat it.

 

[ThreePer]

Thanks guys. Not much sleep last night. Not really sweating the legal much anymore (thanks to you guys), just the fact that they are accusing me of something that I feel I was totally honest about. No smoke and mirrors here.
Bill of sale was filled out, I used the one from the coversheet that ICBC hands out for trailer transfer papers. I am hoping they just turn their attention back to their boat and have fun using it like I did.
The other thing that bugged me (and always does) is he was trying to play the "I'm older and wiser than you" card. Apparently not in the marine world because I had no problem working on whatever issues came up on that boat myself and never had to blame anyone else for anything.
Now, time to turn MY attention back to my boat and fish away my concerns.

Which reminds me, I have to talk to a lawyer about the trailer condition on my new boat. Maybe I can spin this onto the previous owner! LOL!

Cheers everyone
ThreePer

 

[Clipper]

Always add the condition "Sold as is where is with no warranty expressed or implied" or something to that effect (lots of legal jargon out there to copy) to any Bill of Sale you use. Keeps it clear that there is NO warranty.

 

[chris.heatley1]

Unless he has a warranty in writing from you he's going to have a very difficult time in small claims court. Private sales in Canada are dominated by the concept let the buyer beware

 

[finaddict]

Caveat Emptor

[Latin, Let the buyer beware.] A warning that notifies a buyer that the goods he or she is buying are "as is," or subject to all defects.
When a sale is subject to this warning the purchaser assumes the risk that the product might be either defective or unsuitable to his or her needs.This rule is not designed to shield sellers who engage in Fraud or bad faith dealing by making false or misleading representations about the quality or condition of a particular product. It merely summarizes the concept that a purchaser must examine, judge, and test a product considered for purchase himself or herself.
.
If both the buyer and the seller are negotiating from equal bargaining positions, however, the doctrine of caveat emptor would apply.