Legal Question in Consumer Law in New Jersey

Boat Sale

Seller = NJ; Buyer = ND.

Earlier this year I sold a boat, via a well known internet company, which I can't identify here because no URLs are permitted. During the sale process, I informed the buyer that the only known issues with the boat were that the starter needed to be replaced and the speedometer didn't work. The buyer agreed and accepted delivery of the boat site unseen and is now claiming that the engine needs to be replaced and is suggesting I pay $1000 for it. Furthermore, the buyer is checking with an attorney to confirm whether the sale of the boat over the internet is legal in North Dakota.

Are there any such restrictions, that you can make me aware of?

Because I fully disclosed what I thought were the only known issues at the time, does the buyer have the right to file any suit against me for replacement of the engine, if that is truly the problem?

I've also been given the following ultimatim via email - ''Please reply if you wish to comment otherwise you will be receiving a certified letter from our attorney''. Is this considered harrassment or blackmail in any way?

Also, is there any direction that you can provide me with this matter?


Asked on 7/17/07, 1:05 am

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: Boat Sale

In a purely legal sense, a lot depends on exactly what was said about the condition of the boat during the sale. I might read into what you have told me above a warranty that the boat was in good condition except for the items you mentioned. On the other hand, since you mentioned "known issues" it is possible that the boat was sold "as is." So, more information is needed to give an accurate legal opinion.

As a practical matter, the buyer would have to sue you in New Jersey to get anything out of a suit. That lowers the value of any claim and makes negotiations easier.

Don't worry about the issue of Internet sales in ND. It just indicates that the buyer hasn't spoken with a lawyer.

These matters frequently work well if you have your lawyer ghost write a letter for you. That means that it will be legally sufficient and not give any ground but it won't appear to the other party as if you have escalated the matter.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 7/17/07, 9:57 am


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