Legal Question in Civil Litigation in Maine

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?