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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33918
Experience:  Began practicing law in 1992
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Purchased a fishing boat from a private party on 10/17/13 who

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Purchased a fishing boat from a private party on 10/17/13 who had it posted on Craigslist add, represented as made in 1996. Was going to register boat, and title states it's a 1994.. I called the seller, who first stated "that's how it was represented to me when I purchased it", however has agreed to me returning the boat tOmorrow ( with reluctance in his voice).

My question is, what recourse do I have should he try and renege? We have agreed to meet at his house in the morning.. Thanks..Steve

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

Since that is a misrepresentation of a material fact then you would be able to sue for a rescission of the contract. In other words, you would get your money back and they would get their boat back. In essence, you each are put in the same position you would have been in prior to the sale.

Dwayne B. :

The website is showing you are offline so I will exit so I can assist other customers. Please feel free to ask any follow up questions that you have in this thread. However, please do not issue a rating until our interaction is complete and all of your questions have been answered.

Customer: Thanks Dwayne...should he renege, would it be prudent to file a police report for false advertisement? I've read this in other online post, and want to confirm/verify ALL my options..thanks again
Dwayne B. :

You can but in facts like these it is unlikely to do anything. The police may not even file the report since he is claiming "mistake". There really is no "false advertisement" criminal charge, it would have to be fraud.

Customer: Thanks...
Dwayne B. :

You're very welcome. The good part is if you have to sue him you can also sue for attorney's fees, costs, etc.

Dwayne B. :

Is there anything else I can answer for you before I exit to assist others?

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Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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