Legal Question in Consumer Law in Massachusetts

Who owns the boat?

A boat owner placed an ad on the internet to sell his 1979 boat. In conversations with the owner he mentioned that the starter wasn't working which kept the boat from operating. He'd said that was the only thing that kept the boat from starting. Based in part on this information I drew up a tentative purchase agreement and made an initial deposit. The agreement was for the owner to hold the boat until a later meeting date when the remainder of the balance would be paid, or all but $50 of the deposit would be refunded. I again met with the boat owner and paid him the balance. At the time of the purchase I specifically asked the owner if the engine was in working order and he told me yes. The next day I had a mechanic assess the boat. He told me the engine was seized and that it would need to be replaced. I also noticed per the registration that the boat was in fact a 1978 when the owner had advertised a 1979. I immediately stopped payment on the second check and sent an e-mail to the "owner". I informed him that I no longer wanted to purchase the boat due to misleading/inaccurate information he had given. The owner refuses to return the portion of the funds paid him for the boat. I have the title.

Who owns the boat?


Asked on 10/26/00, 7:54 pm

1 Answer from Attorneys
Stuart Williams

Re: Who owns the boat?

Sorry, there isn't a simple answer for you.

How much did he manage to get and how does that jive with the value of the boat in the condition that it is in? In other words, if everything stayed the way it is now, would you be ahead or behind?

I'm at [email protected] if you would like to reply.

The answer is that there is no simple answer. I could say that you own the boat (you hold the title and possess the boat!) but then I'd say he owns the money represented by the check you stopped until you can prove you were defrauded. (Good for you for stopping the check, by the way. I assume you did so in time. Now as a defensive measure, you might empty that account and put the money into a different bank, at least temporarily.) Meanwhile, as things stand, you could be in serious (criminal) trouble until you establish some points legally. (It is criminal to give someone a check, get what they're selling, and then stop the check.)

As your lawyer, I would say that he attempted to defraud you (not as a criminal matter but as a civil matter), that there was a breach of contract, and that justice requires the parties be made "whole", that you get your money back and that he gets his boat back. Meanwhile, you have the boat and you hold the title as "collateral" until you get back the money.

Was the seller a dealer in boats?

If you haven't dealt with this already, contact a lawyer immediately. He'll protect your rights for you. You will need some carefully drafted statements in writing communicated. You will also want to have, for now, a written report of what the mechanic said, signed (sworn to) by the mechanic, and maybe by another.

I assume there was no "P & S" agreement written up to govern the sale of the boat. If there was, I hope you didn't waive your rights to inspection or state that you'd already had one without getting a warranty that survived the closing.

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Answered on 11/16/00, 12:04 am


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