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Old 03-09-2017, 07:00   #46
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Re: A dinghy and a lawsuit

You sold it as is. This guy is a bone head. Try not to worry about it as hard as this may be. If he takes you to court, big if here, go and tell your story. I don't think you have anything to worry about. If he can't even inflate a dinghy, I doubt he can inflate his story enough to win a court case.
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Old 03-09-2017, 07:11   #47
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Re: A dinghy and a lawsuit

Well as I have said, he is actually suing me, I'm planning on going to court October 5th, I'm not nervous in the least, I'm looking forward to it, I plan to prevail and if I lose I'm donating the boat and a motor to one of our fine military members including driving it down from MA to VA.

So really there are no down sides or wringing hands over this.
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Old 03-09-2017, 07:14   #48
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Re: A dinghy and a lawsuit

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Originally Posted by Rearsteer View Post
You sold it as is. This guy is a bone head. Try not to worry about it as hard as this may be. If he takes you to court, big if here, go and tell your story. I don't think you have anything to worry about. If he can't even inflate a dinghy, I doubt he can inflate his story enough to win a court case.
I agree
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Old 14-08-2018, 05:46   #49
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Re: A dinghy and a lawsuit

I've been on the edge of my seat.
What happened in court?
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Old 14-08-2018, 06:16   #50
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Re: A dinghy and a lawsuit

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I've been on the edge of my seat.
What happened in court?

Heh. I want to know too. From the info in the thread, it sounds winnable... but the OP seemed a little too happy to be taking up the fight, which could backfire in court if he did go all Clarence Darrow over... a $700 dinghy.
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Old 14-08-2018, 10:40   #51
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Re: A dinghy and a lawsuit

It appears to me that a very salient fact is that the boat was inflated when he inspected it prior to purchase. If it had been deflated when he inspected it and closed the deal and you had assured him that it held air he might have a case.

Also, how does the $700 compare to the cost of a new dingy of similar specifications. I'm guessing that these days around 1/5th the cost and one would reasonably expect it to have small defects.
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Old 14-08-2018, 13:43   #52
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Re: A dinghy and a lawsuit

Going to court sux. My experience, in Australia, you would probably lose, most likely have to take it back and refund in full. The mediator here would hear your story and think, "well who knows what the truth is, but if you take it back and it sounds like you will have no problem patching it and reselling it. Everyone is happy, case closed what's for lunch."

If I bought the inflatable and it genuinely went flat 1st go, no fault of mine, I wouldn't be happy. No one would. Most would cop it on the chin, get a patch on it and not even think about it again.

But

Right or wrong, he believes you haven't acted fairly. Sounds like he looked to you for some help and feels you could have done more, because he thinks you avoided helping him he became suspicious of you and this has grown in his head to where now he thinks you deliberately decived him.

If it were me, I would WRITE to him on email or as a text and say. Even though I sold it "as is" I would like to help you with it. If you bring it back I will patch it for you.

If he accepts, great, patch it and don't go to court. If he doesn't accept, great. In court you can demonstrate that he wasn't interested in getting it fixed, he just changed his mind.


PS.... He is probably using it. If you do have to go to court, get some pictures of it being used or with it on his boat set up as a tender. If he's using it, I don't think he has much of a case.
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Old 14-08-2018, 22:22   #53
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Re: A dinghy and a lawsuit

Many years ago, I went to small claims court. We took care to document the event, and the judge listened to both sides, and we won. This was not over a sale, but over being run off the road, causing damage to our car, which his insurance company had refused to compensate us for the repair. So, yeah, we "sued" him, but it was like small claims is supposed to be, just you and the other guy. In our case, it was the picture of where our ball joint had scored the curbing, that proved where we were. I think for sailah, the judge will see the pick of the dinghy in the driveway, and that will be the end of it. When sold, it had been inflated for a week. It was sold as is, where is, and something bad happened. Too bad, but the guy could have asked for help.

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Old 15-08-2018, 00:06   #54
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Re: A dinghy and a lawsuit

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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.

Just wondering if there's any risk avoidance personality between business and sailing affairs. No need to answer, just curious is all.
Ahahahaa I was gonna post something like this in response.... I'm the same way, I love crazy town! Self-defeating sometimes, sometimes I wish I hadn't, but things like this drive me nuts and I for sure would be aggressive as hell if I was in the right. Too many people are all bluster and are just waiting for you to fold because they realized long ago that most people do. My go-to line on the several occasions something like this has happened to me: I'm gonna make you my new hobby. And I mean it.

On the other thing, I don't race, but I'm a pool shark and I ride motorcycles. Both very very aggressively
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Old 15-08-2018, 00:10   #55
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Re: A dinghy and a lawsuit

The bill of sale should say, "as is" "no warranty of any kind". Just like what you'd do with a car.
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