Legal Question in Civil Litigation in Maine

As is used boat sale

My husband just sold a boat and trailer ,where is as is, he looked at the boat signed the paper saying he was buying one boat where is as it ,paid and left, five miles down the road he calls and says the wheel of the trailer fell off, and it damaged the trailer, and he wants his money back. Is my husband obligated to pay him back or it his issue now?


Asked on 3/21/08, 8:06 pm

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: As is used boat sale

Did the buyer ask your husband if the items had any problems? Did your husband disclose what he knew? In the absence of fraud or misrepresentation by your husband, the contract means what it says. Assuming that your husband didn�t provide any oral assurances different than the �as is� term, or didn�t misrepresent through words or silence the condition of the boat and trailer, the buyer should be held to having bargained only for the items in the condition they were in at the time the writing was signed � not 5 miles later.

However, if your husband knew the wheels were not in good shape, that would be an issue for a Judge in Small Claims Court as to if this was "fair" and "equitable". Also there is a presumption in Maine's Commercial Code that an item is generally suitable for the purpose which it was sold, in this case, a trailer transporting a boat more than 5 miles, so even if the Code does not apply to a 1 time private sale, its an understandable assumption by the buyer that the trailer would not fall apart on the way home.

The issue now may not be if your husband is legally required to refund the money, but if its in his long term best interest to do so. Will it avoid a Court proceeding?

Read more
Answered on 3/24/08, 9:53 am


Related Questions & Answers

More General Civil Litigation questions and answers in Maine