I sold my boat to someone a couple weeks ago. They are not very experienced with boats and asked if I would be willing to come with them to take the boat through the locks in Seattle from Puget sound into lake Washington. While in the locks another boat did not listen to the lock attendants and cut right in front of me just as I pulled forward and I had to throw the boat into reverse to keep from smashing into a million dollar yacht. Anyway, it did considerable damage to the boat. more than the boat is worth. now they want me to give them back the money or they are pursuing legal action. I feel bad but accidents happen. Do they have a case? Should I see a lawyer?

Was the sale final?

If not... you're f**ked.

They should go after the deep pockets of the guy who owns the million dollar yacht.

Sale was final three days before. I got the cash and they got the title and an "as is" bill of sale.

^They're fucked.

^Yup.

#3- We didn't even now the damage was done untill we tried to dock the boat in thier slip and had no reverse.

Wow. Off the top of my head, it sounds like you had delivery (they took possession of the boat) and consideration (payment for the boat). Sounds like a completed transaction. Beyond that, it seems if they had any sort of claim, it would have to be based on some sort of negligence theory in how you handled the boat. Of course you did so at their request, and the cause of the accident is arguably the operator of the other boat.

If you already have payment, and it's not something they can cancel (like a check that hasn't cleared yet), then they would have to be the one to initiate the suit, and they would have the burden of proof. Unless you think YOU have a cause of action (like they've stopped payment on the check), it would seem you'd have to wait for them to initiate legal action.

However, it probably wouldn't hurt to go back to the locks, see if you can talk to whomever was working that day, see if you can get them to recount what happened. The more you can get them to commit to, the better. Thing is, an attorney who handles that sort of thing would most likely be more adept at that, or have a good investigator at the ready (which obviously would cost you).

Might not be a bad idea to pick up the yellow pages and see if anyone listed in the general areas--contract disputes, accidents, maybe even maritime law--offers a free consultation. It's beyond what I handle, and the best advice an attorney can give when that is the case is to seek an attorney who knows that area of law.

BTW, I'd steer away (no pun intended) of personal injury lawyers in this search unless you or someone else was physically hurt. This feels more like a contract or maritime deal to me. And you probably know this, but just in case...don't say anything about what happened and don't sign anything until you've talked with an attorney.

One last thing...I don't personally know any attorneys in the area (both geographically and the area of practice). I'm too far removed from both to keep in touch with those folks...attorneys tend to travel in small circles, same areas of practice, etc., absent some professional or charitable organizations. King County, however, has a lawyer referral service. You should be able to find it via Google, and they can explain any referral costs up front.

Bummer of a deal...some people get in those locks and clearly have no idea what they are doing.

it was their boat and they asked you to teach them something specific.

no lawyer in his right mind will take the case.

i'll see you on judge judy

curious: what kind of boat, how big, and how much money involved.

Sli,

What is the amount in controversy- that is how much did you get for the boat?

Will your homeowners' or some other insurance you have cover this? If so, you may want to report the matter promptly to prevent a loss of coverage.

Pac's suggestion to search for witnesses is a good one. Get names, addresses and phone numbers, as well as written statements- if possible. I would also search to see if their might have been a security or other camera that photographed the incident. Likewise, try to find out the identity of whoever caused the accident.

Their best legal argument to require you to return the money is that although they had already paid you, your assistance in transporting the boat was one of the agreed upon material terms of the transaction, which was not fully completed yet.

Your best counter-argument (defense) to this is that the transaction was already fully completed and that your helping them move the boat after they took possession of it was a favor, as opposed to being one of the terms of the transaction. hopefully, they did not ask you to do this until *after* they paid you, and that further proof of this exists in the form of the bill of sale, which did not list moving the boat as one of the terms of the sale.

In the alternative, one of your your defenses is that the accident was solely the fault of the third-party.

Another defense could be: even though you were partially or even completely at fault, you were operating the boat as their agent (under their direction and control) and that they, therefore are still responsible for any negligence you may have committed.

Having set forth these arguments, I caution you that if this falls under the maritime area of law, none of these arguments may be valid and there may be some other theory or defense that applies.

Again though, the very first thing I would need to know is the amount in controversy to determine whether it is even advisable for you to fight this should they file suit...

Any how, please feel free to call me *anytime* to discuss this further. If you still don't have my cell number, just EM at:

RobertFenster at FensterLaw dot com

Everyone:

This is a good lesson why a simple bill of sale is insufficient in nay transaction. Now you can see why "as is", in and of itself, is insufficient. A seller should always require the buyer to sign off on the date and exact time possession of the item/property took place. When selling a car as is, for example, I would not only include "as is" language, but also something to the effect that either: 1) Buyer has had the item inspected by an expert of his/her choosing; or 2) Buyer has failed to follow seller's advice to have the item inspected by an expert of buyer's choosing, etc., etc...

Did they physically take possession of the boat form you when they paid you?

"...no lawyer in his right mind will take the case.

How many lawyers does that eliminate?

I'm curious about why a broken gearcase repair exceeds the value of the boat.

It busted the transom plate. The engine and stern drive need to be removed.....The estimate they got to repair it was insanely high.

If the boat gets crappy gas mileage, tell 'em to quickly make use of the "Cash for Clunkers" program!

ScottHar

re 10

"2) Buyer has failed to follow seller’s advice to have the item inspected by an expert of buyer’s choosing, etc., etc... "

Wouldn't this imply the seller had prior knowledge of a defect and failed to reveal it to the seller?

#15, LMAO but good idea.

#10 rfenst raises some excellent points. I hadn't even considered whether operating the boat at the buyer's request was included as part of the sale. If so, that could change liability questions dramatically. However, as he and I both alluded to, if maritime law applies, what seems to be "common sense" in terms of liability issues may go right out the window. It's an odd area of the law, one I've never handled, and many times, rules are based on ideas and laws that are over a century old. Gets rather weird at times when dealing with modern day issues, from what I understand.

rfenst's last paragraph raises some really interesting points. Documenting and completing the sale in a way that satisfies potential future legal questions should something unusual like this arise is virtually impossible for the average citizen to foresee. Making sure that a transaction is properly and formally executed can prevent expensive headaches and lawsuits later. That's not to fault the OP at all...in fact, just the opposite. Unfortunately, there are areas of the law that can come into play that people who are not lawyers could never be expected to foresee. That's why properly and formally executing the sale is so important.

#12 Good point...prolly most of us.

#13 Can't speak for boats, but have you ever gotten a car repaired after an accident? I think if a body shop were to build a car from parts, cars would run something like $1-2 million per.

#15 You dork.

#10 rfenst raises some excellent points. I hadn't even considered whether operating the boat at the buyer's request was included as part of the sale. If so, that could change liability questions dramatically. However, as he and I both alluded to, if maritime law applies, what seems to be "common sense" in terms of liability issues may go right out the window. It's an odd area of the law, one I've never handled, and many times, rules are based on ideas and laws that are over a century old. Gets rather weird at times when dealing with modern day issues, from what I understand.

rfenst's last paragraph raises some really interesting points. Documenting and completing the sale in a way that satisfies potential future legal questions should something unusual like this arise is virtually impossible for the average citizen to foresee. Making sure that a transaction is properly and formally executed can prevent expensive headaches and lawsuits later. That's not to fault the OP at all...in fact, just the opposite. Unfortunately, there are areas of the law that can come into play that people who are not lawyers could never be expected to foresee. That's why properly and formally executing the sale is so important.

#12 Good point...prolly most of us.

#13 Can't speak for boats, but have you ever gotten a car repaired after an accident? I think if a body shop were to build a car from parts, cars would run something like $1-2 million per.

#15 You dork.

Gawdammed hanging browser!

I am really hating Microsoft the last couple of months. More than before.