Legal Question in Consumer Law in Minnesota

How do I collect for an item I sold?

When we sold a boat to someone, we told them we had not had it running for 10 years. We would sell it to him, as is, no warranty. My husband was kind enough to accept two checks, one for $800, another for $1200, the latter to be cashed a month after sale. The boat has now had trouble, the party stopped payment on the $1200 check. He wants us to pay for repairs or take the boat back, give us the $800 minus the cost of repairs. I'd like to take him to small claims court to collect the $1200.We also took it to a reputable boat shop, had it checked out before we sold it to him, and they said it was water ready. Do I have a case or do I owe him money for the repairs. Sale was first of June. It is now the first of August. Thank you for your help. No agree. on paper.


Asked on 8/07/03, 4:54 pm

2 Answers from Attorneys
Ronald Lundquist Law Offices of Ronald Lundquist

Re: How do I collect for an item I sold?

As is means as is. You owe them nothing. You should demand they pay you the money they owe you in writing, and threaten legal action if they do not pay up promptly. Save the checks you have from them - they may be important to collect from them via bank levy later. If they do not pay you soon and in full then sue them in small claims court. You have good facts, and should prevail. Call me at 651-210-3105 if you wish to discuss this further. Thank you and good luck. Ronald J. Lundquist

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Answered on 8/08/03, 4:29 pm
Daniel Hawes Hawes & Associates

Re: How do I collect for an item I sold?

Once the check is delivered, the underlying contract is no more. It is "merged into" the payment instrument (the check). You only need to file an action on the check, not the sale of the boat. Look up the procedure for demanding payment in your state's code (of laws) in your local library or law library, and do what it says. If you don't get payment after that, file suit against the buyer for the value of the check plus whatever costs, fees, and penalties your local law provides for.

Again, change your focus - you're not trying to collect for an item sold, you're trying to collect payment for a check.

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Answered on 8/07/03, 7:14 pm


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