Legal Question in Consumer Law in California

rescind the purchase of used boat

I purchased a used, trailerable boat from a private party 8 weeks ago with the understanding that the seller would make good repairs to any problems I discovered when I operated the boat. The boat engine would not start/run when I first tried to launch the boat. I returned the boat to his automotive repair shop. He agreed to make necessary repairs. He tells me the fuel tanks are dirty and need removed for cleaning. He states that the engine electronic module is defective and needs replacing. He agreed to perform the labor and provide the parts at his expense. It has now been 7 weeks and three return trips for him to attempt repairs. The engine still will not operate. the tanks are still contaminated. I asked for my money back and he has refused. Do I have a chance to get this purchase reversed through small claims or civil court? If so, what is the better route?


Asked on 8/28/06, 7:11 pm

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: rescind the purchase of used boat

The written sales agreement would clearly dictate what the rights and/or obligations of the parties are in respect to this unfortunate situation. If the agreement states the seller is responsible/liable for the repairs you mention, and the boat was not sold "as is", then you have legal and/or equitable remedies in your favor, of which small claims or civil court is a viable option. However, we would need to see the actual agreement to best advise you. If you would like prompt, affordable legal assistance in this matter, contact us directly today for a free phone consultation.

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Answered on 8/28/06, 7:26 pm


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