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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 27889
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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When is bill of sale enforceable See question

Customer Question

Took delivery of used boat from Atlanta Marine Sunday 7-31-2011. Boat ceased to operate and had to be towed back to marina on its first use on the same day. I paid by 2 Credit cards. Called Credit card companies and managed to block charges as they had not submitted the charges for payment. I just want to know my legal standing...have not spoken with Atlanta Marine as of yet - but I have left them a voicemail telling them the boat is inoperable and that I have blocked the payments. I also told them where the key is - the boat is at the marina where Atlanta Marine is located and I told them to look at the boat and we could still "do the deal" if an appropriate repairs can be made. Note that I did sign a document that appears to be bill of sale - though it does not explicitly state that it is. There is a used boat disclaimer stating it is "As is Where is" - but remember - I have now blocked payment. And, I have informed them they have access to the boat.
Submitted: 3 years ago.
Category: Legal
Expert:  LawTalk replied 3 years ago.
Good morning from Savannah,

I'm sorry to hear of your dilemma.

I'm positive that before they handed the boat over you, in addition to taking your down payment on the credit cards, you signed a sales agreement---regardless of what the title of the document may be, obligating you to buy the boat.

Presuming that you financed it through them, they could not likely have gotten approved financing yesterday, and while if they press the issue they can successfully sue you for breach of contract, they are unlikely to do so at this point in time. You may escape unscathed this time.

The as-is clause meant that you took the boat subject to ALL potential problems and received no warranty. Even if they repair the problem and you make the deal---again---you can bet that you will get no more help from them in the future after you stopped the credit cards.

Consider going elsewhere for a boat, and spend the money to get a secondary market warranty if the boat dealer wont give you one----before you take the boat out of the marina.

I wish you the best in 2011.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.


Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug

LawTalk, Attorney
Category: Legal
Satisfied Customers: 27889
Experience: I am a practicing attorney with more than 30 years of experience in the legal field.
LawTalk and 11 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
The credit cards were not for the down payment. They were for the entire payment of the boat. Does that impact your answer?
Expert:  LawTalk replied 3 years ago.
Good morning,

Well, it means that they will probably be more upset at the loss of the sale, and of the money, and the salesperson's commission, than had it been an outside finance. It also probably means that they are going to bend over backwards to try to make you happy and satisfied with the purchace. Under the circumstances, you might push for some sort of warranty, or maybe a couple years of Sea-Tow insurance.

I wish you success in your negotiations.

Doug

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