Legal Question in Product Liability in Missouri

I purchased two Jetski from a private individual in Mo.for $2,500. I live in IL. While looking at the jetski he stated several times that they were in mechanically great shape and were taken care of by a marina, assuring me the condition was good. Needless to say, I one would do nothing and I took it to a mechanic to find out the engine was blown. Not only was the engine blown but it had signs that showed an attempt was made to free up the engine by removing a cover and prying on the drive line. I contacted the seller, who stated he was unaware although he did notice the cover being lose, he agreed that he would do something to make it right. The seller stated after several weeks he was unable to find another motor but was still looking. In the mean time I thought I had found a motor, sent the seller a text about the cost and he called me offering $350. toward the purchase. I told him I did not think that was fair and sent him a text concerning our conversation as he was going to look around a bit more and call me back. This of course was the last time I spoke with him despite several polite calls asking him to contact me. I also sent a certified letter asking hime to contact me to discuss his offer for acceptance, he signed for it.

Does this sound as if I can file a claim in small claims? If so, where should I file?

Terry


Asked on 7/28/10, 5:51 am

1 Answer from Attorneys
Anthony Smith LawSmith

Under the facts you described, it sounds like you can bring suit in Missouri. You will have the burden to prove the existence of the warranty (statements about condition and care fo the vehicle) and to prove that the warranty was breached, and to show what the diminution (lessening) of value of the vehicle. You may want an ttonrey to help you draft your Pro Se documents, if not outright represent you in the case.

Good luck

Read more
Answered on 8/05/10, 2:40 pm


Related Questions & Answers

More Products Liability questions and answers in Missouri