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Originally Posted by runafever
(Post 4084373)
Hey fellas. Looking for a good Lawyer to help out a family member and fellow board member. He bought a boat from dealer down south that was misrepresented. Short story its an 05 43 Nortech that
was sold to him blown up without disclosure. Anyone know who to talk to? Any help would be appreciated Thanks RAF telling all of the story in the begining is usually a good thing to do ,when you try to make more out of the real problem than it is, tells the truth |
Are the motors dry sump in the boat in question? If the were dry sump, I wonder if they took the time to prime the oiling systems before the engines were started when the boat was fired up in Ohio?????
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rule number 1 when buying a boat over $10,000.... have it checked out. Rule 2 have all testing done no matter what rule 3 have it checked out....now rule number one for buying a boat over 100 K get off your ass and go see it in person when the tests are being done. If u can afford that boat u can afford to make shure its a good investment. In my opinion
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only time i think checking it out is an insult is when the sale price is WAY lower than average sale price of a similar boat. If 3 others were for sale at 150k and this one was 100k I'd buy it sight unseen and deal with it.
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Totally agree and sometimes you just have to tell the buyer that it is priced the way it is because it's an as is where is price.
We buy/sell aircraft and the one thing I always thought was flawed for the seller was agreeing on a purchase price before the inspection because the only way to go is down. Say you are asking $110k but have agreed to sell your boat for $100k. The survey comes back not so great, now the buyer says, "Oh we'll now I'll give you $90k." We'll if that survey came back flawless, would he now give you the $110k. I don't think so. This especially holds true to over the phone deals where a price is agreed upon and the buyer shows up and picks the boat apart. Once the seller accepts a number, the only way to go is down, so in my opinion the boat should be surveyed and seen in person before numbers are discussed. If the buyer isn't willing to do that, then they most likely aren't that serious. |
I was involved in a similar situation and this how it was explained to me by the attorney. If the seller could reasonably be expected to know of the problem he was obligated to inform the buyer. " as is" does not save you from failing to disclose or lying about defects. I was able to prove the seller was aware of defects which he failed to disclose/ lied about. We reached an agreement that kept it out of court as the money involved was much less than this case. Not sure if this varies by state.
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So why is this thread in the "Beware & Stolen" section ? Being here implies something bad regarding the transaction. Seems to me it would serve better in the "General Discussion" area as a lesson for everyone.
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I believe it was in GD and got moved here.
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Originally Posted by 302Sport
(Post 4085446)
Once the seller accepts a number, the only way to go is down, so in my opinion the boat should be surveyed and seen in person before numbers are discussed. If the buyer isn't willing to do that, then they most likely aren't that serious.
I'll always negotiate price first subject to an inspection if I feel it's in order on a bike or a hot rod but on boats I tell them I'll bring back a purchase contract and a refundable deposit subjecting it to survey mechanical inspection and seatrial. Doesn't hurt my feelings if they disagree, I just leave.. I guess in selling I'm backwards and your idea is better served. After we meet a price I let them do the same and if they feel it deserves more off I either say no thanks or I give it up. One thing I've always done is tell them about problems I've had or is current, . Throwing your cards on the table always is the best avenue and let 'em walk if they choose. In the transaction on this thread I don't feel there was any misrepresentation by the sellers and the buyer had every opportunity to preview and have professional inspections on his purchase prior to closing the deal. I'm still curious as to the really cold weather y'all enjoy, or not, up north. When you have a race engine can a very cold weather start after sitting quite a while collapse a lifter. See ya, Kelly |
43 Nor-tech Engine Issue
Guys, I now own the 42 Nortech in question.
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