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Before purchasing a boat, seller gave me false information…

Customer Question
Before purchasing a boat...

Before purchasing a boat, seller gave me false information as to it's history and also posted newer pictures online stating that was the boat for sale. When I arrived to buy the boat, it was not the same boat.

The upholstery had a few tears and did not look like it was maintained. It was shrink wrapped so seller tore a small hole in the wrap so I could see inside. I was hesitant to buy the boat but reluctantly bought it.

He stated his uncle had owned the boat and he was making payments on it for the past 9 years. Is there a statue of limitations for return in State of Maine?

I looked at all paperwork to find his so-called uncle's phone number and when I spoke to him, he informed me that he wasn't his uncle and that the boat was purchased same day for $4500 and then sold the boat to me for $7,000.

Lawyer's Assistant: What state is this in? And how old is the boat?

The boat is 2006

Lawyer's Assistant: Has anything been filed or reported?

Not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am a 67 year old man who is a Vietnam vet and I have worked hard for my money. I am a Dad of 2 daughters who I have supported my entire life. Name of seller: Besmellah ******, *** ********** St., Westbrook, ** ***-***-**** and original seller's name is: Joe ***, phone: ***-***-****

Submitted: 4 months ago.Category: Consumer Protection Law
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Answered in 17 minutes by:
3/10/2018
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 4 months ago
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 125,928
Experience: Attorney experienced in commercial litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Well, in general this was an as is purchase and the risk of defects is on the buyer, not the seller. However, if the seller intentionally misrepresented the condition of the item and you were prevented from inspecting it because of the shrink wrap and the nature of the defects are such a reasonable person would not have paid the price for the boat, what you have is a breach of contract and breach of the implied warranty of good faith and fair dealing.

So under Maine law, you have 6 year statute of limitations to sue for breach of contract.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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