Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.
Good evening. You do have recourse here. The seller is obligated to disclose anything the seller knows or should have known that a reasonable buyer would consider material in making the decision whether or not to buy the boat. The seller clearly misrepresented the condition of the boat. What you want to do is raise the stakes on your seller so the seller knows that not complying with your demands is going to cost far more in the end than simply taking back the boat and giving you your refund now. You should send the seller a certified, return receipt requested letter detailing the situation and misrepresentations and demand that the seller refund your money in total within a short specified period of time. Inform the seller that if your demand is not timely complied with, you will have no choice but to file a suit against him for your damages. Be sure to specifically mention that you will be filing this claim not only as a breach of contract
case, but also as a deceptive trade practice
action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit.
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