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-   -   So, I'm selling this jet ski... (http://cellar.org/showthread.php?t=25452)

TheMercenary 07-02-2011 10:13 AM

So, I'm selling this jet ski...
 
.... and this dude who is really interested wants to try it out. Before I get to that point I think to myself, I really should get it in top running condition. I take it in have the steering cable replaced, tune up, new plugs, oil change, etc. The next weekend the guy wants to use it to "test it out". I think, eh, he is with his family, let him use it. Off they go. Later that day, much later he limps back into the marina towing behind his boat says it broke. Ran great for 2 hours then quit. But he says, I still want to buy it and signs a bill of sale, as is, but does not pay me yet, he lives around the corner. He takes it back to where I got the tune up and they find the thing was rolled (can't do that on this model) got water in the engine and shattered the head and block when they tried to get it going. Now it is not worth shit. Had 85 hours on it. I was asking 4k for it and that was on the bill of sale he signed. Now what? He is not going to want to pay for it since it is shot, it worked when I sent him out on it, and now it is not worth shit. What to do? Do I sue him? Is it worth it? Any one armed Lawyers on here or Dwellers with an opinion? :)

plthijinx 07-02-2011 11:02 AM

he broke it. he bought it.

footfootfoot 07-02-2011 11:16 AM

Yeah. I'm with filthy. Not your problem that he trashed it. Suppose you'd just lent it to him for the day? Same diff.

Sundae 07-02-2011 02:30 PM

No advice Merc, just sorry you're in this position.

zippyt 07-02-2011 03:16 PM

his problem , he broke said he still wanted it signed the bill of sale , his problem !!!
whay did you let him take it for the day any way ???

morethanpretty 07-02-2011 06:30 PM

I would say he has to pay. He broke it. He already signed the bill of sale for it as is, I don't see small claims court taking his side on this if it comes to that. Has he told you he won't pay for it now?
Also, you should not feel bad for making him pay. This is a toy not a necessity that he needed, he should have the money to cover the cost without breaking the bank, he just might not have the money for another toy. Its not like you'll be forcing him and his family onto the streets about it.

Clodfobble 07-02-2011 06:51 PM

Yeah, it's his responsibility to pay for it. It may help to mention to him that his auto and/or homeowner's insurance policy may very well cover this sort of situation for him.

Pico and ME 07-02-2011 09:01 PM

Quote:

Originally Posted by zippyt (Post 743169)
whay did you let him take it for the day any way ???

Thats my thought. Is that normal practice when selling these things?

monster 07-02-2011 09:31 PM

Get the payment

sexobon 07-03-2011 07:54 AM

Sounds like a lose-lose situation; unless, someone has insurance to cover it. If not, perhaps the two of you can agree to milk it for 15 minutes of fame (maybe even recoup your losses, follow the links) by taking the matter before Judge Marilyn Milian or Judge Judith Sheindlin.

classicman 07-03-2011 08:53 AM

or ... Judge Joe

wolf 07-03-2011 09:08 AM

I like Judge Mathis, myself. And Judge Alex.

TheMercenary 07-03-2011 09:09 AM

Quote:

Originally Posted by zippyt (Post 743169)
whay did you let him take it for the day any way ???

Big error on my part. I tend to be overly trusting in these situations.

TheMercenary 07-03-2011 09:11 AM

Quote:

Originally Posted by Clodfobble (Post 743192)
Yeah, it's his responsibility to pay for it. It may help to mention to him that his auto and/or homeowner's insurance policy may very well cover this sort of situation for him.

He is looking into this, or so he says, I guess it is better than nothing. The whole thing has now boiled down to finger pointing between him and the shop where I took the thing to get a tune up the day before I let him use it. I can see this is going no where.

TheMercenary 07-03-2011 09:12 AM

Quote:

Originally Posted by sexobon (Post 743254)
Sounds like a lose-lose situation; unless, someone has insurance to cover it. If not, perhaps the two of you can agree to milk it for 15 minutes of fame (maybe even recoup your losses, follow the links) by taking the matter before Judge Marilyn Milian or Judge Judith Sheindlin.

:lol:

footfootfoot 07-03-2011 09:22 AM

http://images.kaneva.com/filestore7/...8514/satyr.jpg

http://www.xtimeline.com/__UserPic_L...0231865479.JPG


satyr budweiser, sadder, but wiser

wolf 07-03-2011 09:43 AM

Are you screwed or protected by having completed a bill of sale with no money yet changing hands?

TheMercenary 07-03-2011 09:54 AM

Quote:

Originally Posted by wolf (Post 743283)
Are you screwed or protected by having completed a bill of sale with no money yet changing hands?

I think it gives a small out, but I don't know, I would have to talk to a lawyer. Not sure if I want to go down that road, or if in the end it would be worth it.

classicman 07-03-2011 10:05 AM

Only a pleasantly plump cat would say that about $4000 :rolleyes:

BrianR 07-03-2011 10:40 AM

I would have gotten the four thousand up front, as security that the wc would have even come back. I once sold a motorcycle that way. The guy left me the cash, took it for a test ride, came back for the title. Had I not gotten the money first, he could well have ridden my bike off into the sunset and left me holding the proverbial bag. Check with his insurance.

Lola Bunny 07-03-2011 10:49 AM

Man, that sucks, Merc. I hope everything works out.

monster 07-03-2011 12:21 PM

He didn't admit what he did, sell it to him as is. I really don't understand your problem here.

TheMercenary 07-03-2011 03:08 PM

Quote:

Originally Posted by BrianR (Post 743297)
I would have gotten the four thousand up front, as security that the wc would have even come back. I once sold a motorcycle that way. The guy left me the cash, took it for a test ride, came back for the title. Had I not gotten the money first, he could well have ridden my bike off into the sunset and left me holding the proverbial bag. Check with his insurance.

That was the plan, sort of, because he was so sure he wanted it, I failed to get the money up front.

Gravdigr 07-08-2011 11:28 AM

I think dude is liable. Sucks that you have to go through this with your kinda-neighbor.

classicman 07-08-2011 11:55 AM

Quote:

I was asking 4k for it and that was on the bill of sale he signed.
I'm not sure what the deal is with this. I think it will depend heavily on the wording of that bill of sale. (Lawyers suck)

wolf 07-08-2011 03:43 PM

At the very least he should be responsible for the cost of restoring the jet ski to operating condition.

ZenGum 07-08-2011 09:15 PM

Morally, he pays $4,000 and keeps whatever is left of the jet ski.

Legally, you both beggar yourselves and buy new yachts for your lawyers.

skysidhe 07-08-2011 10:07 PM

Legitimize the debt in court (without an attorney) and garnish his wages (without an attorney)

At least file a claim. You don't need an attorney to do that.

xoxoxoBruce 07-08-2011 11:03 PM

Quietly take out a life insurance policy on him.

ZenGum 07-09-2011 12:51 AM

Get the gubmint to bail out the 2nd hand jet-ski sector.

kerosene 07-10-2011 03:58 PM

Quote:

Originally Posted by xoxoxoBruce (Post 743992)
Quietly take out a life insurance policy on him.

I like his idea.

TheMercenary 07-15-2011 08:57 PM

I have thought about putting a hole in his boat, but I couldn't bring myself to actually do it.... but I want to.

Lola Bunny 07-15-2011 10:12 PM

Got your money yet, Mercenary?


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