Hixson, TN asked in Contracts and Small Claims for Tennessee

Q: I inherited a 33 year old Bass Boat. I sold it. now the guy wants his money back. what is my legal position

I did not have the boat for sale. It was sitting in the yard and the individual approached me. I told him that it would float and start up and run. He looked at it three times in in a span of a few months. He asked me again to purchase it and I set a low price and he said he wanted it. He came and gave me cash, we did all the paperwork, he got the title, a bill of sale, and vehicle transfer paperwork. We shook hands on the deal and he hooked up the boat and left. As far as I was concerned our business was completed and over. Six hours later the guy calls and says he wants his money back. He says that there is a soft spot on the floor that he was unaware of. I have not stood up in the boat for a few years and did not know of any soft spot. I dont deny there is one there. The boat is a 1988 model. It is not in perfect condition. The buyer told me that I need to "do the right thing and give him his money back." I feel that once it was sold it becomes his boat. What do I d

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1 Lawyer Answer
Bennett James Wills
Bennett James Wills
  • Brentwood, TN
  • Licensed in Tennessee

A: Sounds like its his problem now. He had an opportunity to inspect it and it doesn't sound like you concealed the defect. Hopefully your bill of sale says "as is" or with no warranties - even if it doesn't from your brief facts I'd say he wouldn't have a claim against you. Doesn't mean to say he couldn't sue you, but I don't think he'd be successful. If you wind up getting sued or having problems, consult local counsel.

Tim Akpinar agrees with this answer

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