Legal Question in Consumer Law in California

Purchased boat from private party

I purchased a used boat, the seller stated the boat had been sitting for 6 months or so it needed some cleaning up but that it ran fine. Seller and I tried to get boat on water, engine wouldn't start. Seller stated that it was the throttle cable needed to be repaired or lubed. Explained additional work done last year included rebuilt outboard drive. Gave me a name of a business to have work done. Took boat to mechanic and was told that it needed about $3,000 worth of work done on it, including the outboard drive. Spoke to the seller of boat who has already cashed the check and states he does not want the boat back. If the boat is not what was originally promised, what rights do I have to get my money back from him?


Asked on 4/23/02, 7:02 pm

1 Answer from Attorneys
D. Alexander Floum, Esq.

Re: Purchased boat from private party

You can sue (1) to rescind the contract and get your money back or (2) for damages for breach of contract and misrepresentation for defects in the boat contrary to the seller's promises.

Since you would be suing for less than $5,000, you may sue in small claims court.

Let me know if we can be of further assistance.

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Answered on 4/23/02, 7:09 pm


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