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Old 02-09-2017, 06:14   #16
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Re: A dinghy and a lawsuit

[QUOTE=sailah;2469572]Yes I have everything other than the ad. I feel this is exactly my point, but perhaps some of the subtle nuances described below like where the leak is located etc might come to bear.[QUOTE]

You can recover your old craigslist post..just log in and under your postings tab, click on the box for "include older postings" at the bottom, it will show up...mine did, for all of my postings going back to 2013 when I first started posting my "crap" for sale on there....
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Old 02-09-2017, 06:23   #17
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Re: A dinghy and a lawsuit

Sorry to hear you're going through this Sailah. It sounds to me like you've done nothing wrong. I learned a long time ago when selling stuff on Craigslist or Backpage I always meet people somewhere other than my home, and I have an app that gives me a burner number that gets deleted as soon as the cash is in my hand and the buyer is out of my sight.


Good luck on the court case, let us know how it goes.


Hope it works out in your favor
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Old 02-09-2017, 06:29   #18
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Re: A dinghy and a lawsuit

you have been served, sounds like there really isn't anything to discussion except in front of the Judge

but I definitely wouldn't have talked to him after the first time he said the word "suit"
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Old 02-09-2017, 06:30   #19
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Re: A dinghy and a lawsuit

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Originally Posted by Kenomac View Post
Massachusetts courts/magistrates usually seem to favor the one doing the suing. Unfair I know in a state full of "victims." My advice in MA, take back the boat or fix it, then get a signed receipt from him or the next guy stating "no expressed or written warranties, being sold as is." Without something written like that in MA, and sometimes even with the agreement in writing... you'll still lose.

Don't waste your time in court.
I agree, just accept it back, return funds and do over. Going court is never a good idea.
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Old 02-09-2017, 06:33   #20
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Re: A dinghy and a lawsuit

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Don't take this the wrong way but that just pisses me off even more and convinces me I need to win. I'm ultra competitive when it comes to these things and even if I lose my $700, the court costs, time off work, it's still a victory for me if I try. I've never been sued before so I think this is a fairly good opportunity to throw my hat in the ring for short money.

Giving up without a fight isn't in my DNA, I just can't do it. I bought a new BMW motorcycle and had a lot of problems since new and out of warranty. I waged a social media guerilla war campaign and finally had the president of BMW motorcycles call me and offer me a new bike in exchange for mine. Did the same with Ethan Allen furniture when my wife ordered a bunch of custom stuff they screwed up.

While you and others may consider it a waste of time, and it probably is, I take these as chances to learn something. I'm not a law scholar, but I was on my high school Lincoln Douglas debate team

I think if the court system rebukes me for what I consider to be heavily favored in my corner, I want to experience that injustice.

I've been doing my homework and trying to read up on case law. Last night I read the UCC section 2 for some light bedtime stuff.

Court date is October 5th. I will be prepared.
Self defeating behavior. In this case a percieved "win" is likely in fact to be a loss.

The best legal advice any attorney can offer you is "stay out of court"...especially over a $700 issue.
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Old 02-09-2017, 06:46   #21
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Re: A dinghy and a lawsuit

Is it small claims court? If so, I think the potential costs are much lower, and it's less of a risk to go to court.

A potential alternative would be to agree to pay half the cost of fixing the leak. I did this once on a car, where the sunroof broke on the way home from the sale. I know strictly speaking I didn't have to do it.
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Old 02-09-2017, 06:52   #22
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Re: A dinghy and a lawsuit

Go to court. Take your friend if he'll go. Take evidence that hypalon boats need air on occasion. Worst that happens is you get the boat back, if the guy hasn't damaged it.
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Old 02-09-2017, 06:53   #23
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Re: A dinghy and a lawsuit

I understand wanting to stand up for what is right and would do same if work not issue.

Sold as used and no warranty given (and If I were judge, I would never believe there was warranty given without proof (i.e. written of video/audio). )

I would go with $700 cash and IF the judge ruled in his favor, return money with receipt of boat.

We want update after court date.
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Old 02-09-2017, 07:47   #24
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Re: A dinghy and a lawsuit

Here are some things I think work in your favor:

1. He asked you to pay to repair the tube which you refused. However that's not the amount he's suing you for. He's suing you for the price of the boat even though he has the boat. A judge should see he's unreasonable.

2. You have someone who can verify your version of the events and agreement.

3. I should think any judge would understand that the nature of a private sale of a dingy of that age is likely to be as is.

4. You should be able to show that dingies of this age are prone to leaks which will need to be repaired, such standard issues are not the same as being defective. If I buy an old used car, I may have to replace the battery, tires etc., that's the nature of old cars.

5. Tying 3 & 4 together: He had the dingy for over a month. Clearly what happens to an old dingy in his possession during that time is his responsibility, not yours.
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Old 02-09-2017, 07:54   #25
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Re: A dinghy and a lawsuit

Buyer has some right in that some undeliberately hidden faults might emerge later on.

However, l can hardly imagine which ones....

It seems to me that buyer may have misbehaved with valves, or worse, finally enflated it at too high a pressure!
I am very sure that dinghy is NOT in the conditions you handed it out.

You delivered a pretty old things, yet it is supposed to be a dinghy, that his, to float. Leaks are part of the game, even brand new...

Is there a label!nr on it!? A fraud could be ready against you!

As a judge , I wouldn't rule without seeing the dinghy.
If you accept a "fair" reverse agreement, you surely get back something worse off and badly kept by an ignorant.

Dinghy is not a toy, it must be known and treated knowingly!!

TAKE YOUR WITNESS to court:-)
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Old 02-09-2017, 08:04   #26
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Re: A dinghy and a lawsuit

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...It seems to me that buyer may have misbehaved with valves, or worse, finally enflated it at too high a pressure!
I am very sure that dinghy is NOT in the conditions you handed it out...
Don't be silly!

The buyer bought an old, patched POS.
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Old 02-09-2017, 09:05   #27
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Re: A dinghy and a lawsuit

It's my experience that this leak would be in a valve. Did you include a pump with the boat? It sounds like you didn't because he asked for a "special tool" to inflate the boat. Then he got the special tool. What was it? If he jammed it into the valve, that might cause the leak.
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Old 02-09-2017, 09:31   #28
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Re: A dinghy and a lawsuit

Lol, I got half you guys saying go to court and fight it out and the other half saying give him his money back

My boss is a complete jerk but since he has a vested interest in the outcome I suspect he'll be fine with it.

My total exposure here is $750. I'm a brawler so I'll take this all the way to crazy town if I have to, not backing down for a second.

I'll certainly keep everyone updated as to the outcome regardless of who wins.

Just as a curiosity and social experiment, for those suggesting to give him money back and avoid the hassle, do you back down on a race course if you have the right of way? Same question for those who say go the distance. I know personally I'm hard core racing and I will go to 9/10ths if I have right of way, almost to the point of risking a collision, but not quite. Just wondering if there's any risk avoidance personality between business and sailing affairs. No need to answer, just curious is all.
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Old 02-09-2017, 09:48   #29
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Re: A dinghy and a lawsuit

Go to court! If you let the bully win, he'll continue to bully others.
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Old 02-09-2017, 10:03   #30
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Re: A dinghy and a lawsuit

Your mistake was letting the air out to deliver it. It would have been better to just let him strap it to the roof of his truck.

That said, he has threatened to sue you. Maybe it's a threat, maybe he will follow through. If I was in your situation, I would ignore him until and unless you get a summons to appear in court. If that happened, I would gather up my evidence and show up to defend myself. Pretty much the worst that can happen is you have to give him his money back and he has to give you the boat back. And he has to return it in the condition it was when he bought it. That means without a leak.

Is he going to actually drag a dinghy into the court room along with a pump and soapy water to demonstrate this leak?
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