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  1. #1
    Join Date
    Jun 2019
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    1

    Default Can a Boat Purchase Contract Be Void if Seller Never Took Legal Ownership

    My question involves vehicle registration or title in the state of: California


    I purchased a used boat (1979) from a person who sells Food Trucks and repairs food trucks for a living. The individual used his business receipt to give me a receipt. He did not have the title at the time of the purchase and said he would mail it to me. I did get but the title was in someone else's name and he created a Release of Liability online via the DMV under the other persons name.

    I'm suing this guy for verbal fraudulent misrepresentation. However, I want to see if I can also win my case by having the "purchase contract" voided if he never had title in his name. If he wasn't the legal owner at the time of sale can this be a reason to void the purchase agreement? Also, would it be considered breaking the law when he completed the Release of Liability in the previous owners name? If the receipt can be voided would that reverse the exchange, meaning I get my money back and he gets the boat back?

    Are there any cases I can search for where this situation occurred and someone was successful that I can bring up in Small Claims Court? What laws or Vehicle codes can I recite in court to back this situation up?

    Any help would be so appreciated.

    Thank you.

  2. #2
    Join Date
    Jul 2018
    Posts
    1,290

    Default Re: Can a Boat Purchase Contract Be Void if Seller Never Took Legal Ownership

    Quote Quoting Jaguar Lady
    View Post
    I'm suing this guy for verbal fraudulent misrepresentation. However, I want to see if I can also win my case by having the "purchase contract" voided if he never had title in his name.
    "[H]aving the 'purchase contract' voided" would be a possible remedy (and I'm not sure why you put "purchase contract" in quotes). It's not clear to my why you chose to sue for "verbal fraudulent representation;" breach of contract would probably be the appropriate cause of action. Also, when you say, "I'm suing," does that mean you've actually filed your complaint with the court?


    Quote Quoting Jaguar Lady
    View Post
    If he wasn't the legal owner at the time of sale can this be a reason to void the purchase agreement?
    No, but his failure to provide you with title and apparent inability to do so would be a breach of contract that may justify rescission.


    Quote Quoting Jaguar Lady
    View Post
    Also, would it be considered breaking the law when he completed the Release of Liability in the previous owners name?
    One would need to review the document to answer this question.


    Quote Quoting Jaguar Lady
    View Post
    If the receipt can be voided would that reverse the exchange, meaning I get my money back and he gets the boat back?
    Not really sure what this question means.


    Quote Quoting Jaguar Lady
    View Post
    Are there any cases I can search for where this situation occurred and someone was successful that I can bring up in Small Claims Court?
    Small claims cases do not result in published decisions, and small claims judges are not going to be interested in case citations.

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