Legal Question in Civil Litigation in Arkansas

Post Sale Assumed Property Damage Responsibilty

I sold a boat/engine/trailer to an individual on Feb 6th of this year in Arkansas. My impression was that the boat was in perfect running condition and that all water was drained out of the engine in preparation for the winter. These two points were communicate to the buyer. The individual who purchased the boat took it to Indianapolis where he lived and did not have the boat checked out until the last week of May almost 4 months later. The mechanic he took it to said there was a cracked engine block that could have either been caused by water in left in the block that froze or by it being left outside during the duration of the winter. The assumption by the buyer is that the first reason would by my fault and the second reason his fault thus he wishes to split the damage costs with me. I sold him a perfectly good running boat that was dry in preparation for the winter and feel I have no responsibility for what happened that last 120 days while it was out of my possession. Also, I had advised him to take the boat in for service once he got home to have it 100% checked out since his plans were to leave it outside in his yard which he did not do. Can he sue me for compensation for damages that I did not do.


Asked on 6/03/04, 6:29 pm

1 Answer from Attorneys

Harvey Harris Harris Law Firm

Re: Post Sale Assumed Property Damage Responsibilty

Unfortunately, we can sue most anybody for anything. Whether he could win or not depends on whether he could prove that you were responsible for the damages.

If you are certain that you did not cause any of the harm, I would tell him so, in a letter. If you have a lawyer, you might ask him to write the letter for you, for more emphasis. He can attempt to sue you for damages, but he has to bring the proof, and he would likely have to come back down here to do so, unless you allowed him to sue you up there.

Bottom line is whether you feel like you should pay or whether you believe he is completely responsible. If you totally believe it is him, you have a right to not pay, and he has a right, if he so chooses, to try to sue you for the damages.

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Answered on 6/05/04, 3:16 pm


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