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Richard, Attorney
Category: Legal
Satisfied Customers: 55715
Experience:  Attorney with 29 years of experience.
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I put money down on the purchase of a boat two weeks ago.

Customer Question

I put money down on the purchase of a boat two weeks ago. The owner contacted me and said he sold the boat to someone else. I have a signed written agreement. Do I have any legal recourse?
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.
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Expert:  Richard replied 1 year ago.
The owner is in breach of contract. Unfortunately, he's already actually sold the boat and transferred title, you would not be able to get the boat back unless you had actually recorded your contract so the other buyer would have had notice of the fact that the boat was already subject to another contract. But, you would clearly be entitled to recover any money you had put down and any actual damages you incurred due to the owner's breach. And, I would also add a cause of action for fraud and intentional bad faith which will make you eligible to be awarded punitive damages as well due to what was an intentional bad act by the owner. This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that it would be possible to get the sale to the other buyer undone, but if title has already transferred and the buyer at no idea you had this contract, the buyer is a bona fide third party buyer in good fath. I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry! Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!