Legal Question in Admiralty Law in California
Vessel Transfer
I sold a vessel which when I parked it was in good working order. I had the guy sign a bill of sale that I downloaded from this web site. He took the boat out and it broke. After he had a mechanic go through it they said that the engine overheated and cracked the manifold and sucked some pieces of rust into the motor. The buyer is saying I told him it was never in saltwater but he never asked me and my wife told him that we took it out to Catalina a couple of times. He wants me to pay for the damages however he signed a bill of sale for the vessel in an as-is condition without any promises or warranty what so ever. What legal right do I have that protects me from a buyer who purchased the vessel, broke it, then wants me to pay for it?
2 Answers from Attorneys
Re: Vessel Transfer
While I have no idea what's in the canned contract you used -- never a good idea -- if it really says "as is," tell the guy to go blow a bosun's whistle.
Re: Vessel Transfer
You have whatever protections are found in that bill of sale you downloaded. Our CA attorney can give you a legal opinion about the enforceability of that agreement if you need it.
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