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Problem with a used boat I bought and then sold..............


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#1 jmp5664

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Posted 29 November 2012 - 04:23 PM

Hope I'm on the right forum. Bought a used aluminum bass boat that is over 20 years old, used it on some of the MD. reservoirs for 3 months and there were no leaks. I found I bigger boat that fit my needs better. Put an ad up for the older boat up on craigslist, ad said "as is" but I didn't have a copy of the ad. Buyers call me several months later and say the boat has a huge hole and crack in the bottom.Pictures they e-mailed me didn't look like any holes were in the boat to me, Told them I didn't damage it , knew nothing of the older repair but felt bad and offered to help. Next thing I know I'm in court, judge rules for buyers because they had me write a recipt word for word as they told it to me, almost like they knew what to do.Recipt didn't say "as is " so thats why he ruled for them. I filed a motion because there was alot more information needed to make a fair judgement. That got turned down. Filed a motion to vacate judgement and dismiss thinking we would be back in court, I later learned that it wouldn't be a court date so meanwhile the buyers abandoned the boat in my driveway and when I looked at it they had cut all the wires at the console. I took pictures of the cut wiring, took pictures of the boat sitting in the water with time in date present in the pictures and had over 30 pictures of the boat and its bilge area with no water in the bilge for an hour sitting in the water.I also got a call from my brother and he found the ad I had on craigslist the he printed out, he found it while cleaning out his office with his wife so he gave it to me. Even after notifing the judge that they maliciously cut all the wires,showed him the ad off of craigslist and showed him that they lied in court about the boat leaking and having a huge hole he still turned me down. Didn't give me any reasons so I'm going up to the court house in the AM to get some answers and see what my next move may be. I didn't have an estimate for the wiring damage at the time for the last motion but I will take it with me tomorrow. The boat sold for $1900 and they did almost $750 in damage to the boats wiring. Any thoughts or suggestions would be extremely helpful as I'm out on workmens comp and money is tight. I figure the boat doesn't leak, they damaged the boat probably to the point of being totaled and they lied / purged themselves in court. Sorry for the short book but I felt all the details were necessary if anyone were going to offer any assistance.

#2 adjusterjack

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Posted 30 November 2012 - 07:55 AM

Once the judgment is entered and your motion to vacate was denied, you have 30 days to appeal.

If that 30 days has passed, then you are done with that lawsuit.

About the only thing I can think of is that you might be able to file a new lawsuit against the buyers for the damage done to the boat. Might be considered a separate cause of action.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 jmp5664

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Posted 01 December 2012 - 04:31 PM

adjusterjack - thanks for your comments. My last motion with all the pictures showing the boat floating and not filling up with water was denied. It seems the buyers took another craigslist boat ad and did some cutting and pasting to make it look like my ad was fake. I'm gonna enter a motion, not how to word it but I'm just gonna tell the judge that at the first court date they had all the paper work with them, they would have had the craigslist ad way back then and not now. I'm gonna explain that all their court case was about was supposedly that the boat had a hole in it. they provided no evidence that it had a hole, provided a repair quote but had no paperwork to support it and said they e-mailed me over and over and couldn't provide evidence of that either, gonna show the judge the repair estimate of over $ 700.00 to re-wire the boat and see what that gets me, at the very least I can't see him lessening the monies owed by me for the repairs or maybee I can make them take it and get it repaired to my liking. Man what a pain, the legal system is just for crooks, I have provided so much evidence that a first grager would know who was right and telling the truth. I guess thats why convicts get educated on our money while in jail.




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