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Old 03-06-2016, 16:48   #31
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Location: ashore in So Calif.
Boat: No more boat (my medical, not the boat's)
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Re: Lessons from my first 2 months as a liveaboard..

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Originally Posted by ThomasWeiss View Post
Maybe I miswrote it: the ad didn't say as-is and neither did the paperwork. That was just her response a few days later when I went in and asked where the stuff was. Had to resist my natural inclination to blow up on her - I feel like I would have been headed to jail. Again, just my own fault for not taking the time to check it out for myself. On the bright side the bottom paint is only a few years old, hauled it and no blisters or growth, and she performs pretty damn good on the water. Overall, in my eyes, I got my moneys worth for the boat.
Maybe, just maybe, you have a common law fraud action against the broker and the seller. It is not too late for that. Depending upon your location, if you are in the United States, you might be able to bring it in small claims (I think some can handle matters up to $7,500) or the state court with the lowest level of jurisdiction. You might even be able to ask for and get punitive damages. Either way, this is not one that has to be heard in Federal Court.
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Old 04-06-2016, 00:42   #32
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Re: Lessons from my first 2 months as a liveaboard..

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Originally Posted by Jdege View Post
I can see how I might be willing to buy a boat from a seller who insisted on as-is and refused survey and sea trial. But it'd have to be at a hellacious discount.
If they refused to allow survey and sea trail, they would have to pay me to take the boat and even then I might not accept it. That's a huge red flag.

But that wasn't my point. My point is if the ad says it comes with X, Y & Z, the seller doesn't get to omit X, Y & Z unless it was specifically called out at the time of the sale.
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