Legal Question in Consumer Law in Illinois

Unhappy boat owner

I purchased a boat through the internet (e-bay) and it was described and told to me as in excellent condition. I personnaly talked to the owner and ask questions about the floor, hull, engine and all gauges. The owner told me it was in EC with no mechanical or visual problems and it would give me years of pleasure. I told him I would send someone to his home to pick it up based on his description. When I received the boat, it had serious wood rotting to all the seat and floor. The gages did not work and the engine keeps stalling out. When I stepped into the boat for the first time the seat collapes (wood rott) and I fell into the boat and hurt my hand. I want my money back. Do I have a case if he sold it As Is but told me the boat was in Excellent Condition?


Asked on 9/04/02, 10:20 am

1 Answer from Attorneys

Spencer Farris The S.E. Farris Law Firm

Re: Unhappy boat owner

Ebay has some buyer protections in their system. Use these first! Try to stop payment on the instrument you used, although I expect it is too late for that.

Other than that, you are left trying to pursue an (I assume) out of state seller on a fraud claim. Unless his representations to you regarding the condition were in writing, you will have a hard time proving your case. Without those proofs, his "as is" language is probably trump, and you have a very difficult situation ahead.

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Answered on 9/04/02, 10:51 am


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