Legal Question in Product Liability in New Mexico

We purchased a boat on Tuesday from a boat shop but they were just selling it on consignment for a private party. It's a 2000 Hurricane Sun Deck 217. We took it out the very next weekend and took it for our 1st drive and it started making a really weird rattling noise, then we took it out for our 2nd drive a couple of hours later and the blew the motor. During our purchase the owners told the consigner that they didn't winterize the boat over the winter so they had to put an new engine in it this last Spring and that there is only around 15 hours on the new engine. Is there anything we can do since this was a private party sale through a consigner (a boat shop)? Is there any warranty anything or are we screwed? New Mexico


Asked on 8/05/12, 3:25 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

If either the seller or the seller's agent ("consigner" your term) misrepresented the boat in any way, or deliberately concealed a major defect, then there is a warranty of fitness for purpose which has been violated and that law permits you to recover your money with proper proof. Most people are best served by filing a lawsuit in small claims court, which is Magistrate Court except for Bernalillo County where it is Metropolitan Court. The court supplies the necessary forms, but will not provide legal advice.

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Answered on 8/06/12, 11:14 am


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