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MShore
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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what recourse do I have if I bought a used boat privately and the seller knowingly hide a

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what recourse do I have if I bought a used boat privately and the seller knowingly hide a major problem. olive and the sale was in new york
Submitted: 2 years ago.
Category: Legal
Expert:  MShore replied 2 years ago.
Thank you for the post, I am happy to assist you by answering your questions. How long ago did you purchase the boat?
Customer: replied 2 years ago.
I boat the boat about 2-3 weeks ago and the mechanic has confirmed someone new of a bad fuel problem and tried to fix it. We have evidence of attempts to fix it
Expert:  MShore replied 2 years ago.
Thank you, XXXXX XXXXX the purchase price of the boat?
Customer: replied 2 years ago.
Why does purchse price matter? It was over 5,000.
Expert:  MShore replied 2 years ago.
Because I am trying to determine whether this is a small claims matter, as small claims lends itself to pro se disputes. If the seller refuses to reach a resolution with you that you find acceptable, a small claims suit would be your recourse. Do you have any follow up questions?
Customer: replied 2 years ago.
I paid 9,300. Is there recourse? Is it similar to lemon law?
Expert:  MShore replied 2 years ago.
Thank you, XXXXX XXXXX exceeds the small claims cap, your recourse would be a suit against the seller for fraud in that the boat was intentionally misrepresented as to its quality. Please let me know if you need additional guidance.
Customer: replied 2 years ago.
I paid 9300 but the cost of repair is about 3000.
Expert:  MShore replied 2 years ago.
Is it that you want to deduct the cost of the repair from your purchase price and be reimbursed in kind? If so, have you already communicated this to the seller?
Customer: replied 2 years ago.
I have not gone to seller yet. I am doing my homework. Yes i would like seller to pay for or reimburse me for repairs. Is this a legitimate legal request. Will it stand up in court if i have good evidence.
Expert:  MShore replied 2 years ago.
Yes, it is valid request, though if the seller declines the request and you are not able to reach a resolution, your recourse would be a small claims court. The evidence you need would be a statement from the mechanic whom identified the attempt to hide to problem prior to selling the boat to you.
Customer: replied 2 years ago.
Do i file in his neighborhood where the transaction took place or can i file in mine. We live about one and a half hours from each other in different counties.
Expert:  MShore replied 2 years ago.
You would file in his county, your county does not have personal jurisdiction over him.
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.
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