Legal Question in Consumer Law in New York
Used boat sold but ''as is'' was not stated
I sold a used fiberglass sail boat to someone who is now claiming that there is a serious problem with the hull. In the ad for the boat I stated that the hull was in excellent conditon. At the time of sale I was not aware of any problems with the hull. The buyer thoroughly inspected the boat and decided to buy it. I wrote up a simple bill of sale (year/make/model/serial numbers/price) which we both signed but I neglected to write ''as-is'' on the bill of sale. A week after the sale, the new owner took the boat to be inspected by a marine professional. The new owner is now claiming that the hull is not sound and according to the marine professional will require up to $4000 of work to fix (this amount is almost the whole purchase price of the boat). The new owner is threatening to sue. I believed that the hull was sound when I sold the boat. Does the new owner have a case?
1 Answer from Attorneys
Re: Used boat sold but ''as is'' was not stated
A couple of years ago I had the exact same case.
A lot can happen to a boat in a week. Was the boat placed in the water. Did the new owner drive the boat or use it in any fashion.
Why is the hull not sound?
If you would like to - please contact me with the information as to what was wrong with the hull
jeff lazroe
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