Boat Seller VS Boat Buyer an Austin Powers Analogy
#11
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I swore I would never buy a used boat after doing it once,
and then...oops I did it again It's a long story but It was taken care of because I bought it from a dealer and we worked it out
However when I sold my last boat, at the time I had sold it there were no problems, and after a few times the new owners used it they had some trouble with the trailer and some electrical problems, being that they were friends of mine, I went ahead and gave them back $400.00 bucks because I figured that the problems were probably apart of my use, it is good business and the fact they were friends is why I did it.
The fact remains though, when you buy something used...when you pay for it, take it, and use it, you own it and everything with it.
I think it would be good business on FB's part to help Austin, but he is really not obligated to.
Austin should have brought Que or someone with boating knowledge to look the boat over before he purchased it.
Also if he does not have much knowledge about boats or who is who in the boating industry, he should make sure that his mechanic is not DR. EVIL as well
and then...oops I did it again It's a long story but It was taken care of because I bought it from a dealer and we worked it out
However when I sold my last boat, at the time I had sold it there were no problems, and after a few times the new owners used it they had some trouble with the trailer and some electrical problems, being that they were friends of mine, I went ahead and gave them back $400.00 bucks because I figured that the problems were probably apart of my use, it is good business and the fact they were friends is why I did it.
The fact remains though, when you buy something used...when you pay for it, take it, and use it, you own it and everything with it.
I think it would be good business on FB's part to help Austin, but he is really not obligated to.
Austin should have brought Que or someone with boating knowledge to look the boat over before he purchased it.
Also if he does not have much knowledge about boats or who is who in the boating industry, he should make sure that his mechanic is not DR. EVIL as well
#12
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I would only buy a used boat (which I just did) from a dealer, which I know, with a contract that includes a reasonable warranty period.
Surveys and inspections are helpful but their agreements always disclaim any liablity. The only way to get things covered is in a sales agreement with someone who has the assets (and reputation) to honor that agreement. You need an agreement that puts any "reasonable" responsibility back on the seller (if I were the seller, I'd factor this into my price, which dealers do).
So, its pay me now, or pay me later.
Just my .02
That being said, I doubt I'll ever buy another "new" boat
Surveys and inspections are helpful but their agreements always disclaim any liablity. The only way to get things covered is in a sales agreement with someone who has the assets (and reputation) to honor that agreement. You need an agreement that puts any "reasonable" responsibility back on the seller (if I were the seller, I'd factor this into my price, which dealers do).
So, its pay me now, or pay me later.
Just my .02
That being said, I doubt I'll ever buy another "new" boat
Last edited by bajadude; 09-18-2002 at 06:28 PM.
#13
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I agree with most here. Buyer Beware...There's no legal recourse unless, of course, the seller distinctly lied and misrepresented something. The seller's ignorance, naivity or lack of mechanical know-how does not constitute any sort of warranty if something goes wrong immediately after the sale.
This also makes a great point for those of you currently selling or soon to sell anything. A simple bill of sale goes a LONG way in protecting the seller in an event like this...A few lines is sufficient indicating the name of seller, name of buyer, description of product sold, place and time transaction took place along with the monetary terms, a witnesses signiture and some exclusion clauses to the effect of: "Transaction is final upon satisfactory sea-trial as deemed by the buyer and remittance of payment in full. The sale does not carry any claims of suitability or durability of goods unless specifically stated below[state below] nor carry any guarantee or warranty either expressed, written or implied."
I have not sold anything without a written Bill of Sale nor is it generally a good idea.
This also makes a great point for those of you currently selling or soon to sell anything. A simple bill of sale goes a LONG way in protecting the seller in an event like this...A few lines is sufficient indicating the name of seller, name of buyer, description of product sold, place and time transaction took place along with the monetary terms, a witnesses signiture and some exclusion clauses to the effect of: "Transaction is final upon satisfactory sea-trial as deemed by the buyer and remittance of payment in full. The sale does not carry any claims of suitability or durability of goods unless specifically stated below[state below] nor carry any guarantee or warranty either expressed, written or implied."
I have not sold anything without a written Bill of Sale nor is it generally a good idea.
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