View Poll Results: What do I do about this unfortunate circumstance?
Suck it up, caviat empture, let the buyer beware?
63
64.29%
Ask for his monetary participation because he mis-represented the boat when specifically asked?
7
7.14%
If he is unwilling to help, drop it and move on?
26
26.53%
If he is unwilling to help take him to small claims court depending on the cost?
2
2.04%
Voters: 98. You may not vote on this poll

Like Tree0Likes

I need some help! Did I get screwed or is this a simple case of caviot emptur?

Reply
Old 08-04-2003, 09:33 PM
  #1
Registered
Thread Starter
 
Shane's Avatar
 
Join Date: Oct 2000
Location: Niskayuna, NY
My Boats: 2009 FORMULA 292
Posts: 5,543
Default I need some help! Did I get screwed or is this a simple case of caviot emptur?

Well, I brought the boat to a reputable fiberglass technician this evening. Upon his thorough inspection he showed me that in fact we did NOT hit anything to put the hole in the bottom this weekend at the Lake Champlain Mik Run. Infact, the bottom was patched before I bought it. IRONICALLY, today, I get a call from the guy I bought the boat from in 1999 saying he is coming to Lake George this weekend and wants to get together. He asks how the boat is running and I tell him about Saturday and he asks if it is the port sponson because they had patched it once. When they patched it they used paint not gel and I could not really tell until the glass guy showed me what to look for. I guess because it is in a preacarious part of the bottom it is more difficult to see. So here is my dilemna. Do I go back to the seller and request he participate in the repair costs or do I suck it up as I bought it used or do I have to go through all the nonsense of a law suit for mis-representation as his reply constitues a verbal contract with a statute of limitations that lasts 6 years? The hole in the bottom is no big deal. That is part of the sport and I can easily accept it. What really burns my arse is he blatantly LIED when I SPECIFICALLY ASKED if this had occurred! I guess 1999 was not my year. I appreciate your thoughts and input.
Shane is offline  
Reply With Quote
Old 08-04-2003, 09:42 PM
  #2
T2x
Allergic to Nonsense
Platinum Member
 
T2x's Avatar
 
Join Date: Aug 2001
Location: Granite Quarry, NC
My Boats: 1966 !8' Switzer Wing "Miss Diablo" 1968 Switzer Wing "Dust'n the Wind 2",, 1960 Powercat 15C , 1977 17' Molinari w/Evinrude CCC
Posts: 5,004
Default

Shane:

Do you still need my guy?

T2x
T2x is offline  
Reply With Quote
Old 08-04-2003, 09:44 PM
  #3
VIP Member
VIP Member
 
Join Date: Mar 2002
My Boats: yeah....that one
Posts: 2,749
Default

its water under the bridge....and it was used...
SLINGSHOT is offline  
Reply With Quote
Old 08-04-2003, 09:46 PM
  #4
Registered
 
dhlaw's Avatar
 
Join Date: Feb 2003
Location: New Smyrna Beach, Florida
My Boats: 2001 Top Gun T/S, 2002 Gladiator
Posts: 2,697
Default

Alright, here it is from a lawyer.......it wont be worth the aggravation or $$. Caveat emptor (the correct spelling) is somewhat controlling here but if you asked and he lied then you may have a legit cause. Truth is it will be better on your state of mind and your wallet to just let it ride.
dhlaw is offline  
Reply With Quote
Old 08-04-2003, 09:48 PM
  #5
Registered
 
Formula Outlaw's Avatar
 
Join Date: May 2003
Location: In the Mountains
My Boats: was a 89" Formula 311-SR1
Posts: 11,772
Default

I agree with Slingslot.
Formula Outlaw is offline  
Reply With Quote
Old 08-04-2003, 09:52 PM
  #6
Registered
Thread Starter
 
Shane's Avatar
 
Join Date: Oct 2000
Location: Niskayuna, NY
My Boats: 2009 FORMULA 292
Posts: 5,543
Default

Quote:
Originally posted by T2x
Shane:

Do you still need my guy?

T2x
Rich,

Yes, please. This guy is going to grind it tomorrow and let me know what I am up against as a favor to a mutual friend. Is your buddy willing to do it? I did not hear from you today so I thought maybe he wasn't up for it. If he is, I would love to speak with him. Can you forward his info to me or call me tomorrow? I can call you as soon as I hear in the morning as to what it needs. What is best? I just wanted to have it looked at by someone that knows much more than I and this opportunity came as a favor as the guy said to stop by this evening as he would stay late.

Thanks Rich.
Shane is offline  
Reply With Quote
Old 08-04-2003, 09:55 PM
  #7
Registered
Thread Starter
 
Shane's Avatar
 
Join Date: Oct 2000
Location: Niskayuna, NY
My Boats: 2009 FORMULA 292
Posts: 5,543
Default

I think you guys are right. I don't know if I can handle yet another legal battle and the frustration it would cause is probably not even close to worth it!
Shane is offline  
Reply With Quote
Old 08-04-2003, 09:57 PM
  #8
Registered
Thread Starter
 
Shane's Avatar
 
Join Date: Oct 2000
Location: Niskayuna, NY
My Boats: 2009 FORMULA 292
Posts: 5,543
Default

Quote:
Originally posted by catmando
I don'
t know about caviot emptur, or caviat empture, but I stayed at a Motel 6 last night.
LMAO catmando LMAO!
Shane is offline  
Reply With Quote
Old 08-04-2003, 10:03 PM
  #9
VIP Member
VIP Member
 
Join Date: Mar 2002
My Boats: yeah....that one
Posts: 2,749
Default

he did admit to it though
SLINGSHOT is offline  
Reply With Quote
Old 08-04-2003, 10:08 PM
  #10
GLH
Platinum Member
Platinum Member
 
GLH's Avatar
 
Join Date: Dec 2002
Location: Burlington, VT
My Boats: Azimut
Posts: 15,267
Default

I'd ask but I wouldn't press it, sitting in his seat after six years I don't know were I would be. And god no lawsuit why make your attorney's boat faster or bigger
GLH is offline  
Reply With Quote
Reply

Related Topics
Thread
Thread Starter
Forum
Replies
Last Post
teeitup
Prop Talk
5
07-06-2005 11:57 AM
Shooter
General Q & A
5
06-15-2005 03:24 PM
JCPERF
General Racing Discussion
18
12-09-2004 09:13 AM
Hot Boat
General Boating Discussion
1
02-20-2002 06:57 PM



Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT -5. The time now is 06:34 PM.


Copyright 2011 OffShoreOnly. All rights reserved.