Legal Question in Civil Litigation in Colorado
Boat
We live in Colorado and purcahsed a boat in Missouri. We paid a $1,000 deposit prior to picking up the boat and $16,800 afterward. Once we got the boat back to Colorado we had a mechanic look at it and found out that the engine needs replaced. We stopped payment on the second check, but the deposit was cashed. We have tried many times to contact the owner via phone and have left messages but he has not returned our calls. What do we do from here? How long do we have to wait before we can sell of the boat, put a new engine in it and use it, etc. without the owner being able to come back and take possession of the boat?
1 Answer from Attorneys
Re: Boat
I'm guessing you'll have to wait till the Pacific freezes over. As you say yourself, you're not the owner. You stopped payment on the check that would have made you the owner. So you can't sell it, put a new engine in it and use it, etc.
You need to take a look at your contract for sale. If there is no contract, you have to ask yourself, why is the owner so unconcerned about the loss of nearly seventeen grand that he can't be bothered to return your calls?
Contact the "owner" by certified mail, return receipt. If you still don't hear back, there may be a criminal issue involved.
Good luck and, maybe some day, good sailing.