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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33716
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I live in Wisconsin, bought a 26' boat in Va. online. Had

Customer Question

I live in Wisconsin, bought a 26' boat in Va. online. Had local marina in Va. do substantial work (paid him $12,000.00 + ). He said it was "Ready to go", Gave him the listing to sell the boat. After 2 years of him not even presenting an offer, I drove to Va. to pick up the boat. brought it back to Wi.dropped it off at our local Marine dealership and asked them to put the 2 outboards on the Dyno machine- they called back and said there where many parts missing and gave me an "estimate" of over $9000.00 to start off with. What legal action and where do I start?
Thank you
Submitted: 12 months ago.
Category: Legal
Expert:  Barrister replied 12 months ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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In a situation like this if you paid the marina in VA to make the boat water ready and they stated that they had done so to a point where it just needed to be put in the water, and you found out later that they lied, then your recourse here is to sue them for breach of contract, misrepresentation, and fraud. If you paid him to perform services or work and he failed to do so, then you are entitled to your money back for what you paid him if he can't prove that he did the agreed on work.

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VA has a 3 year statute of limitations on this type of oral contact or 5 years for a written one, so you still have time to sue him to get your money back. You would have to do so in VA in order to get personal jurisdiction and since it is over the $5K small claims limit, you would need an attorney to represent you and sue in a higher court.

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However, since his actions were clearly fraudulent, you could sue for all your attorney fees and ask for punitive damages on top of your compensatory damages in order to set an example and deter future similar behavior..

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thanks

Barrister