Legal Question in Consumer Law in Washington

return of a boat

I had a boat delivered to my home in Wa from Ca. The boat was suppose to be new. The boat has been sitting outside uncovered for 2 yrs. The interior is fading,cracked,stained. The boat wont run. The trailer is rusted. Icalled the salesmen 20 minutes after delivery and told him I did not want it. I wanted by money wired back to me and to have the boat picked up by Monday. He said he was sorry for the mishap and would have it picked up. Should I be worried about him following through??


Asked on 5/20/07, 7:44 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: return of a boat

You would do well to write a certified letter to the salesman and the dealer/owner he represents and relate that the boat does not meet your expectations.

Look at the contract you signed to purchase this boat? Does it say anything about 'as is'? Did you have an opportunity to inspect the boat before you accepted delivery? If you had the opportunity to inspect it while it was still in CA, did you do that? Was a survey done?

Written agreements for purchases and sales of personal property are governed by the USS as codified and adopted in WA. Look at Title 62.

If you paid more than $500 you should have a writing.

If you don't have a writing (contract) of some kind then enforceablity is tougher. If this was an email transaction, where the seller advertised, and you responded, and you bargained back and forth that would constitute a writing. That will help you if help becomes necessary.

The seller expended effort getting the boat here. He may well decide that your decision to refuse the boat was a breach of your contract and that he's entitled to compensation for his efforts. A court might or might not agree with him.

Hope this helps you sort it out. A certified letter merely refers to the postage/mailing program, your letter does not need to be notarized or acknowledged. It is smart to be polite, because the intended audience is eventually a court.

Elizabeth Powell

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Answered on 5/20/07, 10:20 pm


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