Background:
I sold a boat to a gentleman last week and we both signed the sales agreement. The only warranty I included which would allow him to return the boat was if the engine block were damaged and it was on or before 7/21/07. He had the engine inspected by a mechanic and he proceeded to take the boat to a lake for the weekend where it stopped shifting in gear (not and engine problem rather a lower unit problem). He stated in another email that “The Engine is fine, it won’t go into gear”.
When I sold him the boat, it was in perfect condition. I disclosed everything I knew about and would have even sold the boat to a friend or family member. Either way, he either wants to return the boat or have me pay half of the repair costs which will be about $xxxx total. Obviously, I do not want to take back a boat he broke or cover any repair costs since they are outside the scope of my warranty.
I do not think he has a snowballs chance in He** of making his case stand up in court, but please give me your opionions. Also, if it does go to court, shall I defend myself or hire a lawyer? If it is a lawyer, can I recover court & Lawyer costs through him if the court finds in my favor? This would not be a small claims court case, the $ amount is too high.
Here is the sales agreement with names / addresses removed:
1. THE PARTIES TO THIS AGREEMENT ARE:
1.1 THE SELLER:
First Name(s):
________________________________________
Surname:
_____________________________________
Identity / Social Security or Other number (Specify):
________________________________________
Physical Address:
________________________________________
________________________________________
1.2 THE BUYER:
First Name(s):
________________________________________
Surname:
________________________________________
Identity / Social Security or Other number (Specify):
________________________________________
Physical Address:
________________________________________
________________________________________
The parties choose the above stated addresses as their physical addresses at which legal proceedings may be instituted.
2. THE OBJECT OF THE SALE IS:
2.1 Type of Boat: Ski/Pleasure
________________________________________
2.2 Make and Color:
________________________________________
2.3 Model:
________________________________________
2.4 Year:
________________________________________
2.5 Hull Identification Number / Registration Number:
________________________________________
2.6 Make and Type of Motor:
________________________________________
2.7 Motor Identification Number:
________________________________________
2.8 Rated Passenger/Weight Carrying Capacity: 7 Persons 1110lbs / 1900 lb with gear
________________________________________
2.9 Odometer/Hours Reading: NA
________________________________________
2.10 Description of Trailer:
________________________________________
2.11 Registration Number of Trailer:
________________________________________
2.12 Description of Lifesaving and Safety Equipment: 2 lifejackets
________________________________________
________________________________________
3. OWNERSHIP:
3.1 The Seller guarantees that he/she is the true and lawful owner of the boat and (motor, trailer, equipment) and that it is free of all encumbrances and any and all legal claims.
4. WARRANTY:
4.1 The Seller warrants that at the date of signature of this agreement there are no licensing fees or fines or other penalties outstanding against the registration of the boat and (motor, trailer, equipment) sold in terms of this agreement.
5. NO WARRANTIES OR GUARANTEES:
5.1 The Seller or his/her agent gives no warranty or guarantee other than those specified in 3.1 and 4.1
6. DISCLAIMER:
6.1 The boat and (motor, trailer, equipment) is sold "As-Is" and final. The seller shall not be liable for any defects, patent, latent or otherwise. Engine was serviced by **** ***** Boat Services 6/07 and deemed to be fully functional.
6.2 The Buyer admits having inspected the boat and (motor, trailer, equipment) to his/her satisfaction and that no guarantees or warranties of any nature were expressed or implied by the Seller or his/her agent regarding the condition or quality thereof.
7. LEGAL AGE:
7.1 The Buyer is of legal age and legally competent to enter into this agreement.
8. TRANSFER OF OWNERSHIP AND COSTS:
8.1 The Parties agree to sign all documents necessary to transfer ownership of the boat and (motor, trailer, equipment) from the Seller onto the name of the Buyer within 7 (SEVEN) days of signing this agreement of sale.
8.2 The Buyer shall be liable for all costs relating to the registration of the boat and (motor, trailer, equipment) into his/her name and any other costs involved.
9. PURCHASE PRICE:
9.1 The Purchase price is the sum of $XXXXXXX
(XXXXXXX dollars)
9.2 The Purchase price is to be paid in full by bank guaranteed check or Cash
9.3 Ownership of the boat and (motor, trailer, equipment) will only pass onto the Buyer once the bank honors the check or other legal instrument of payment.
9.4 The boat and (motor, trailer, equipment) will only be delivered to the Buyer once payment has been received in full as per 9.3
10. POSSESSION AND TRANSFER OF RISK:
10.1 The Risk passes to the Buyer once the Buyer or his/her agent receives the keys to the boat or takes possession of the boat and (motor, trailer, equipment).
11. JURISDICTION:
11.1
Signed at ______________________on this ______day of _________________20____
SELLER: ______________________________
1. WITNESS____________________________
2. WITNESS ____________________________
BUYER: _______________________________
1. WITNESS____________________________
2. WITNESS ____________________________
13. REPAIRS
13.1 The Seller agrees to do the following repairs to the boat as specified in 2. above:
Purchase seat base for Drivers
13.2 The Seller further agrees that the deadline to effect all the repairs as in 13.1 above will be done by the following date July 19th 2007.
13.3 The Seller will warrant that the engine is fully operational and does not have any defect or damage to the engine block. This will be in effect until the buyer has had a chance for a mechanic of his choice is able to confirm this (2 Days). If the engine is defective, then a full refund will be due immediately upon return of the boat and trailer to the Buyer from the Seller. Boat and trailer must be returned by buyer on or before 7/21/07. If boat and trailer are not returned on or before 7/21/07, all sales are final and binding.

