I bought a boat through a private seller. The boat does not run. when I was told it did. What do I do?

Question

I signed a contract for a boat through a private seller. I did sellers financing. I am still in this contract with him making payments. I was told multiple times that the boat runs, works, and is good to go. I have text messages and emails confirming this was said. I did end up trusting this person. The minute after signing the contract, I came to the boat started it, and it does not run. This was the first time I tried to start it. I had a mechanic look at it, it's going to need thousands in work done. I am trying to re-negotiate with the seller to lower financing overall price or let me miss first payment to pay for damages. He is refusing. It does say "as is" but does the state of California have any laws against this? do I have any recourse? what do you suggest? I have never taken the boat out. I've been vocal with the seller about the problems. He will not budge. Thank you

James L. Arrasmith · Answer

Under California law, even if a contract states "as is," you may have recourse if the seller made fraudulent misrepresentations about the condition of the boat. Since you have text messages and emails confirming that the seller stated the boat runs and is in good condition, you can argue that you relied on these statements in making your purchase. 
 
First, try to document all communications and evidence that the seller misrepresented the boat's condition. This includes texts, emails, and any statements made verbally that you can recall. This documentation will be crucial if you need to take legal action. 
 
If the seller refuses to negotiate, you might consider sending a formal demand letter outlining your issues and requesting a resolution, such as a price reduction or cancellation of the contract. If the seller still does not budge, you can consider filing a complaint in small claims court for misrepresentation and seek damages for the repair costs or the return of your payments. Consulting with an attorney can also provide guidance tailored to your situation and help you navigate the legal process effectively.

Delaram Keshvarian · Answer

Thank you for your question! 
 
You can rescind the contract, and/or sue for damages if you spent money to repair it maintain it.  
 
  This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.

Scott Richard Kaufman · Answer

You have options and should consider showing your evidence to an attorney like Mr. Arrismith?  In the future, since this is a public net board/place, and this response can help others, please please please check to see if it is indeed 'running' before you buy...

Q: I bought a boat through a private seller. The boat does not run. when I was told it did. What do I do?