What to do if I sold a boat with motor and trailer and wrote in the bill of sale that he was buying a boat and trailer “as is” but didn’t write anything about the motor?

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What to do if I sold a boat with motor and trailer and wrote in the bill of sale that he was buying a boat and trailer “as is” but didn’t write anything about the motor?

The buyer like what he saw and bought the package. After he used the boat the motor seized up on him. Can he take me to court?

Asked on August 6, 2012 under Business Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you did not give him some warranty or guaranty, he could only sue you if he can show that you either knew of the problem, or reasonably should have known (that is, there is basically no way a seller in your position could have not known), but knowing of the problem, concealed it from the buyer. In that case, you would have committed fraud, which can provide grounds for a legal action.


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