Legal Question in Business Law in Alabama

Seadoo Purchase

I purchased 2 used seadoos from Smiths Sport Cycle in Tuscaloosa Alabama. Long story short we took them to the lake, they did not work, after the salesman and owner of the dealership said they worked perfect and they wouldn't sell anything that didn't. We paid $5150 for both of them with the trailer. A check for 4100 and 1050 cash down. We got a bill of sale for both, which in Alabama personal watercraft are not titled and the bill of sale if proof ownership. We took them to the lake the same day we bought them and neither worked and one had to be towed in. We took them back up there and they said they would fix them. They did not to my satisfaction, we put a stop payment on the check and asked for the $1050 cash back. They refused to give us the money back and said the only way we will get them back to to pay the rest of them off. We refused as they did not work. What can I do? They have the seadoos and the money. I still have the bill of sale though, which says paid in full and was signed by both the salesman and myself. Do I rightfully own these? What can I do in order to either get my money back or get the seadoos? Thanks, Josh


Asked on 4/02/07, 8:07 pm

1 Answer from Attorneys
Jack Carney The Law Office of Jack Carney, LLC

Re: Seadoo Purchase

Very tough situation. A lot would depend on the language in the sales agreement regarding warranties made by the seller as to the condition of the vehicles. You may want to consult with an attorney. However, you are currently out $1,050 and unfortunately it would probably cost as much (if not more) to commence a legal action.

The amount in question is small enough that you might want to pursue a claim yourself in small claims court. You can call the Tuscaloosa County Courthouse and ask for the small claims division and they can provide you with additional information.

Hope this helps. Good luck.

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Answered on 4/03/07, 2:41 pm


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