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Any recourse after buying a used boat and finding major engi
I have recently purchased a used boat from a private seller and found out after the sale there is major engine problem. I had the boat taken to a well known company that has its own marine department and is an authorized Mercury Boat Motor service center. I paid them to check and inspect the boat and motor and to change and inspect the motor lower end gear lube prior to my purchasing the boat. The results of the inspection indicated only minor problems with the boat and that the gear lube was dirty. The oil was changed in the lower end at that time. I purchased the boat five days later and took it home and put it in my garage to do some of the minor repairs. Within 15 minutes I noticed an oil leak coming from the prop area in the lower end. I took it back to the shop and they found major damage to the lower end costing several thousands of dollars to repair. This is the reason I took the boat in to this shop in the first place to protect my self from this situation.
Do I have any recourse against the seller or the shop that inspected the boat? I have not had the boat in the water or even started the motor since I purchased the boat.
Thanks for any advice you can give me.
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I would speak to a Lawyer, however in private sales often times depending on the state and local laws, it can be buyer beware.
Your best bet is to contact a local business attourney and pay for a consult. Its possible you could seek recourse on the seller, but because you took it to a shop and had it checked out, it can be said that the seller allowed reasonable opportunity to check out the boat. As to what recourse against the shop for negligence, no clue. You said you picked the place to get it checked out, and they screwed up.
Depends. How much is your time worth? Is recovering a few thousand dollars worth the time in small claims court? Thats the other thing you should ask the local attourney, what are your chances of actually recovering damages and what will it cost in time and money to prosecute (remember that if you don't win you are responsible for any court costs incurred)
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The seller, I'm sure, sold the boat in "as is" condition. Unless they were involved with getting a faulty inspection on the boat, I doubt there is anything you can do there.
As for the boat company, you may be able to do something with that. Speaking with your county attorney to get advice on this situation is your best bet.
ygs-29/f
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From what I understand, there really isn't. Did you have a contract with the guy that sold you the boat, stating that the boat had no major problems with it? You could go and talk to the manager from the repair place and see what guarantees they make.
I would also check to see what kind of civil and other legal options you can pursue. The best I can say right now, is call an attorney and ask them the questions you need the answer too. They usually offer free phone advice if you just want to get retribution.
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