Can I take someone to court for selling a boat that won't float and failing to mention it?

Caveat emptor, I think. -|--)

Of course you can take him to court. Question is, can you win? You bought the boat "AS IS WHERE IS" which means its your responsibility to find defects before handing over your money. However, "AS IS WHERE IS" does not cover fraud. While it's not fraudulent to sell a boat that doesn't float, and it's not fraudulent to fail to mention that fact, it is fraudulent to lie about it. Did you ask if the boat leaks? Did the seller specifically tell you the boat doesn't leak? If so, you have a case for civil fraud, but unless the seller admits to telling you that, or else put it in writing, or else you have an independent witness, you'll have trouble proving it in a court of law. ------------------------ just wanted to add, head over to the repair forums at http://forums.iboats.com lots of knowlegeable guys over there can walk you through the repair step by step. It might be hot, dirty work but it's very rewarding to complete a repair like that on your boat, and way, way less than $1500, I mean probably less than $1000, maybe even a couple-three hundred. Just depends on the extent of the damage. There's a lot of labor charges in that $2500 estimate.

Yes it is fraud it cannot stay on the water witout sinking. what are you going to use it for. At very least youll get motorcycle back.

sorry you don't have a sea leg to stand on! One you should have insisted on having a trial run in the boat which you failed to do! secondly did you bother to ask if the said boat floated? As i suspect you did not! Then that's yet one more thing that goes against you! Would you buy a car or motor cycle with out a test run? NO OF COURSE YOU WOULD NOT! Plus Joy of Joys you only took a look at the hull after you discovered you had bought a lemon! A court would laugh this action out of the door! And as you appear to be so ignorant about boats it could be said that the person who sold you this has saved your children's and your life! You have learnt a very very valuable lesson never part with cash or/and property until you have checked out what you are buying!

You have to prove the previous boat owner's negligence and that comes down to "he said" and "you said." Taking a vessel to a "shop" is not always the best idea. As you "swapped" the boat for your motorcycle there was no financing on the boat correct? That's a shame as most lenders would require that the vessel be "marine surveyed" prior to the money having been loaned to you. The surveyor would have gone over the interior and the exterior of the vessel and the crack that lead to the leak would have been found, pointed out to you and you then have the ability to back out of the deal without losing anything. You can try taking the case to court. Find a competent attorney in your area who will give you a "free" consult and see if this is one for you to handle on your own or if you should have legal representation. In my opinion you should spend the money on the attorney and both the "seller" of the boat and the "shop" that inspected it should be involved in the suit. You have a chance of winning but it is small. Good luck and remember...marine survey for any used vessel in the future.

You could take the seller to small claims court in most states and the limit on the maximum amount of damages varies from state to state but it would be in the 4 figures. You would have to prove misrepresentation or fraud based on statements the seller made that were untrue. The seller could counter-claim based oon his claim of the boat's value when traded to you. The damages would be the value of the motorcycle which you would need to prove plus the money you spent to repair the engine minus the value of the boat when you received it. Plus your time and court costs could be awarded if you can show fraud or misrepresentation. The shop that first inspected the boat could also be a defendant in the case, if you can prove misrepresentation by that shop to you. The judge would have to sort out who owes what to whom. Then if you get a judgement you have the task of collecting it. Plus serving process on all the parties prior to the court date using a process-server. Check with your local department of consumer affairs if the shop that misrepresented the boat to you can have any action brought against it. Consult an attorney for more details as I am not one.