Asked in Consumer Law, Admiralty / Maritime and Lemon Law for Oregon

Q: when purchasing a boat do rules like disclosure, or cancelling the deal come into play

put down payment on boat was told one thing about condition of transmission and found it to be otherwise went to cancel deal within 72 hours and was told that he was going to treat as a failed sale and consider it a voluntary repo and he doesn't have to give my money back when the whole time hes trying to sell a pos

1 Lawyer Answer
Gregory L Abbott
Gregory L Abbott
Answered
  • Consumer Law Lawyer
  • Portland, OR
  • Licensed in Oregon

A: There is no 72 hr cancellation privilege unless your sales contract provided one. But then there is not one for anything else either (one of the most popular misconceptions by consumers) except under the door to door solicitations rule (if a salesman sells you something at your front door without your requesting them to come there). However, all the normal requirements still apply re fraud, etc. A seller must disclose known defects in the product at the time (or before) of the sale or it may be an Unfair Trade Practice Act ("UTPA") violation. But you will have the burden of proving that they knew or reasonably should have known of the defect and failed to disclose it to you. As a general rule, you should always complete your inspection before consummating the sale or at least expressly make the sale conditioned upon the item passing your mechanic's inspection within a reasonable timeframe.

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