Legal Question in Consumer Law in Georgia

This letter details our situation. My question is if after we send this letter we are still ignored, do we have any legal recourse? Thanks for any repsonse.

In September of 2010 we purchased a 1999 pontoon boat from you with your nephew acting as your agent.

The boat was located in the work area at XXXXXXX and was having the

pontoons rebuilt. The purchase price of $7,000 was to include the price of these repairs. This was confirmed verbally by you and

numerous times by your nephew. Payment was made and hand delivered to you in cash.

There was a delay in getting the repairs completed and we were not told we could pick up the boat until recently. However

when we went to pick up the boat we were given a bill for an additional $3,000. We were told by the owner of XXXXXX that the full payment for the repairs had not been made. We still have not taken possession of the boat.

Needless to say, we were stunned to learn that the sale of the boat had been based wholly on a misrepresentation.

I phoned you immediately and got the impression that you were just as stunned as we were. You confirmed that you had given

XXXX checks numerous times (in amounts totalling well over $3,200) to pay for repairs and even offered to provide copies of the

checks. You agreed to get the copies and call us back since it was a holiday weekend (July 4th) and the banks were not open.

When I did not hear from you I tried calling again. However every call since that first has gone straight to your voicemail.

The messages left have been ignored. I do believe that you were given misinformation just as we were. I believed that I heard

honesty and integrity in your voice during our conversation and believed that you would make this right. For that reason, I am

very surprised that you did not return my call and discuss this civilly.

We bought the boat from you in good faith that the situation was as we were told and the purchase price was payment in full.

The fact that your nephew deceived you is a family problem and should be dealt with privately within your family.

We have been told that the legal steps require that we first formally request a refund of the full purchase price of $7,000.

This is a formal request for a refund and we will return the complete paperwork as received. We still have not taken

possession of the boat.


Asked on 7/14/11, 5:57 am

1 Answer from Attorneys
Rachel Hunter

If you do not get a response, then go see a lawyer about getting a refund. The lawyer will probably draft a letter and if they still ignore the lawyer's letter, the lawyer can sue. If you are trying to save a few bucks, you can try suing on your own in small claims. Sue in the county where the seller of the boat resides. If you are suing more than one person, sue in the county where either one of them resides if they live in separate counties. Some counties are online - see if your county is online and lets you file online or else has the forms.

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Answered on 7/14/11, 8:46 pm


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