How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ellen Your Own Question
Ellen
Ellen, Attorney
Category: Business Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
9968427
Type Your Business Law Question Here...
Ellen is online now
A new question is answered every 9 seconds

Recently I advertised to sell a sailboat, motor and trailer. A

This answer was rated:

Recently I advertised to sell a sailboat, motor and trailer.

A fellow called me, interested and came by to see the boat.

We agreed on a $1500 price and he wrote me a check.

He loaded a bunch of the accessories to the boat into his car and we agreed that
he would return the next day to tow the boat to his home. We also agreed that we
would handle all the details of the title transfer when he returned.

The next day his son-in-came by to pick up the boat, trailer, outboard motor and remaining accessories. I signed the boat title over to him and explained that since I had
never registered the trailer and had purchased it from a state where trailers are not titled, that I did not have title to the trailer. He accepted this and took possession of the boat, trailer and motor and towed them to his home 1 hour away.

The next day the buyer emails me to tell me that if he had known that the trailer was not titled, he would not have purchased the boat. He stops payment on his check.

I contacted DMV, learned how to register a boat w/o title in NC and explained this to
him. It is not a big procedure.

Today he emails me to say that the deal is off, that I can come pick up my boat and that he will no longer be responsible for it.

What can I do? Thank you
Jon
Hello,

I am the JustAnswer expert that will be helping you today. I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information.

Consider filing an action for breach of contract against the purchaser. You agreed to sell the sailboat, motor and trailer and he agreed to pay for the items. You informed his agent -- son-in-law -- that the trailer was not titled and his agent accepted all items. If you prevail in your action you will be entitled to payment of the $1500, court costs and fees and any other damages sustained
Customer: replied 6 years ago.
In your opinion, where would I file this breach of contract action? Since the amount
is only $1,500 would this be in small claims court? Would I represent myself?
Thanks
It could be filed in small claims court.

Here is the link to information about small claims court in North Carolina:
http://www.nccourts.org/courts/trial/sclaims/default.asp
Ellen and 2 other Business Law Specialists are ready to help you