So, I'm selling this jet ski...

TheMercenary • Jul 2, 2011 11:13 am
.... 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 • Jul 2, 2011 12:02 pm
he broke it. he bought it.
footfootfoot • Jul 2, 2011 12:16 pm
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 • Jul 2, 2011 3:30 pm
No advice Merc, just sorry you're in this position.
zippyt • Jul 2, 2011 4:16 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 • Jul 2, 2011 7:30 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 • Jul 2, 2011 7:51 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 • Jul 2, 2011 10:01 pm
zippyt;743169 wrote:

whay did you let him take it for the day any way ???


Thats my thought. Is that normal practice when selling these things?
monster • Jul 2, 2011 10:31 pm
Get the payment
sexobon • Jul 3, 2011 8:54 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 • Jul 3, 2011 9:53 am
or ... Judge Joe
wolf • Jul 3, 2011 10:08 am
I like Judge Mathis, myself. And Judge Alex.
TheMercenary • Jul 3, 2011 10:09 am
zippyt;743169 wrote:

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 • Jul 3, 2011 10:11 am
Clodfobble;743192 wrote:
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 • Jul 3, 2011 10:12 am
sexobon;743254 wrote:
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 • Jul 3, 2011 10:22 am
Image

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[COLOR="Wheat"]satyr budweiser, sadder, but wiser[/COLOR]
wolf • Jul 3, 2011 10:43 am
Are you screwed or protected by having completed a bill of sale with no money yet changing hands?
TheMercenary • Jul 3, 2011 10:54 am
wolf;743283 wrote:
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 • Jul 3, 2011 11:05 am
Only a pleasantly plump cat would say that about $4000 :rolleyes:
BrianR • Jul 3, 2011 11:40 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 • Jul 3, 2011 11:49 am
Man, that sucks, Merc. I hope everything works out.
monster • Jul 3, 2011 1:21 pm
He didn't admit what he did, sell it to him as is. I really don't understand your problem here.
TheMercenary • Jul 3, 2011 4:08 pm
BrianR;743297 wrote:
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 • Jul 8, 2011 12:28 pm
I think dude is liable. Sucks that you have to go through this with your kinda-neighbor.
classicman • Jul 8, 2011 12:55 pm
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 • Jul 8, 2011 4:43 pm
At the very least he should be responsible for the cost of restoring the jet ski to operating condition.
ZenGum • Jul 8, 2011 10:15 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 • Jul 8, 2011 11:07 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 • Jul 9, 2011 12:03 am
Quietly take out a life insurance policy on him.
ZenGum • Jul 9, 2011 1:51 am
Get the gubmint to bail out the 2nd hand jet-ski sector.
kerosene • Jul 10, 2011 4:58 pm
xoxoxoBruce;743992 wrote:
Quietly take out a life insurance policy on him.


I like his idea.
TheMercenary • Jul 15, 2011 9:57 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 • Jul 15, 2011 11:12 pm
Got your money yet, Mercenary?