I purchased a bass fishing boat in North Carolina. The boat is 17'3" long and has a 200 hp motor. The boat is in Alabama and I have given it to my son who is an Alabama resident. I found out from a dealer in Alabama that the boat is illegal to use in Alabama as it is overpowered. The 1st time you are fined $500 and the 2nd time the boat is impounded. I showed the dealer the sticker on the boat stating it is rated for a 225 hp motor. He laughed, said he used to sell the same boat and said "you won't like the ticket". He also stated the sticker had been changed - it is stuck on crooked. What recourse do I have with the individual who sold me the boat? He or someone else obviously changed the sticker and misrepresented the boat to me.
Hello -Thanks for contacting JustAnswer.The first thought that came to my mind was the implied warranty of fitness in sales betwen two parties. This is a theory that says that in a transaction, their is an implied warranty that the product is fit for the particular purpose of the buyer. However, this warranty is only present in sales between a merchant and a private individual, not betwen two private individuals. If you bought this from a merchant, and he knew you were from Alabama, you could sue him civilly for breach of implied warranty of fitness. You may also also try to get the contract invalidated under a theory of misrepresentation. Misrepresentation is an "innocent" misstatement or non disclosure of facts. Therefore, although not the same as the Tort of Fraud, it CAN be used to invalidate a contract. There was no meeting of the minds here. You wanted a boat that was compatible in Alabama, and you didn't receive it because the seller misrepresented the boat. To prove this, you will have to prove that the seller knew that he was selling you a souped up motor. Overall, this is going to be a tough case to win. Because the boat is in working order, it is probably going to be hard to prove that some wrongdoing has occurred. Perhaps you could try and contact the seller and ask him to switch the motor out? He will be gettin ga better motor and giving up a weaker one. You could mention the misrepresentation claim and see if that spurs him to action. Otherwise, you'll have to file suit.If my answer was helpful, please click ACCEPT so i may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.Regards,Michael
The seller is an individual so a motor swap is not an option. I think he purchasd the boat from a local dealer whose owners son had souped up the boat and probably was the one who changed the sticker in the boat. I also didn't pay sales tax on the full purchase price of the boat so even if I won a suit would the original seller only have to pay me the price I declared for sales tax purposes? Sounds like I am SCREWED! If stopped by the Alabama water patrol would I have grounds to have the ticket dismissed based on misrepresentation? If I turn around and sell the boat do I have any liability for misrepresentation? Want to buy a boat??
Haha. I don't need a boat. :)If you won a suit, the seller would owe you the price you paid.You would not have grounds to get the ticket dismissed. That type of crime is a strict liability crime, which means if it happens, you are guilty. Period.If you sell the boat and do not disclose the motor has been souped, you will be liable for misrepresentation if you know he can't use it properly.Thanks and good luck.If my answer was helpful, please click ACCEPT so i may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.Regards,Michael
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