Offshoreonly.com - Brokered Boat sale gone bad

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Quote:

Originally Posted by JRider (Post 4585324)

Then at least you know what you have!

Exactly.

Quote:

Originally Posted by Thunderous (Post 4585299)

Licensed brokers and used boat dealers have a lot more liability than individuals, and the courts are real familiar with those issues. If this was a "big high dollar broker" as the OP stated, they will be real familiar with their liability and obligations. As-is doesn't by default discharge a broker from liability. Saying "I just said what he Seller told me" doesn't fly when compensation is taken by the broker. He/she still may have liability.

And you know this to be LEGALY true ?

Quote:

Originally Posted by antisocial (Post 4585489)

And you know this to be LEGALY true ?

Where I come from, there is an underlying truth in that a court will look more favourably on an individual if there is a gray area interpreting the law. Courts like to be a bit tough on big successful dealers because they still carry the baggage of the rogue used car salesman from the 70's.

RR

Google Images, 'used car salesman', it's actually pretty funny...
https://www.google.co.th/search?q=us...w=1024&bih=649

Quote:

Originally Posted by antisocial (Post 4585489)

And you know this to be LEGALY true ?

Absolutely. You can Google for yourself but here is a sample summary by the YBBA about Florida laws: (the link is to a legal summary, I am not going digging to find the statute):

Florida Causes of Action for Which a Broker Could Be Sued

Note the last paragraph:

"Lastly and most importantly, a broker can't limit liability for fraud, negligent misrepresentation, or deceptive or unfair acts or trade practices through the use of an “as is” provision or other disclaimers in a contract. Therefore, should the buyer prove any claims in a lawsuit, the “as is” provision in the Purchase Agreement and Conditional Acceptance documents are not a defense."

I assisted a friend who bought a Scarab in Florida where this same thing happened when the hours represented turned out to be proven untrue once he talked to a previous owner. The Broker told him to go pound sand, so he hired a lawyer and the demands alone resulted in them coming to get the boat, fully refunding his money plus expenses and paying his legal bill. It never even went to court.

Quote:

Originally Posted by dereknkathy (Post 4585315)

Bottom end if not always run at 4000 to 5500 should be ok for a season or 2. He owes you everything from the head gaskets and lifters on up. And THAT is payment to you for eating the extra 350 hrs on the blocks, without a lawsuit...

what I am saying is read the scan. 510 hours. how many hrs above 3500? how many hrs at WOT? many boats have 2 hrs WOT in their lives. decide if it is worth settling half way and walking without all the litegenous details...

there are a lot of people on this forum won't buy a boat with a motor in it.

Quote:

Originally Posted by dereknkathy (Post 4585536)

there are a lot of people on this forum won't buy a boat with a motor in it.

True, but those guys usually post on Blowboats only.com
:party-smiley-004:

Quote:

Originally Posted by dereknkathy (Post 4585535)

MEFI 3 or 4 ecms which a 500efi has does not record hours at different rpms. It only records engine run hours.

Quote:

Originally Posted by Griff (Post 4585547)

MEFI 3 or 4 ecms which a 500efi has does not record hours at different rpms. It only records engine run hours.

Could have swore my MEFI 3 did on my 575sci

Mefi3 defiantly has total run time only. Jeff wurl