Legal Question in Consumer Law in Massachusetts

Boat Motor Siezed

I purchased a 1995 26' boat with 211 hours on it from a private party. I paid to have it put in the water for a sea trial. He explained to me that ''it is a good boat and has not had any major problems and niether should I it has been serviced every year by the same marina since he bought it new.'' We together drove the boat approx. 1/2-1 hour and everything seemed to be O.K. I purchased the boat on May 20th. May 31st the first time out with the family the motor siezed and we had to be towed in. The motor needs to be replaced. I put approx. 4 hours on the boat.

The bill of sale does not say ''as is'', but also does not specify any warranty. Is there any recourse?


Asked on 6/08/03, 2:06 pm

1 Answer from Attorneys
Nance Lyons Law Office of Nance Lyons

Re: Boat Motor Siezed

Unless the seller is in the business of selling boats (e.g. at least 3-5 per year) the consumer protection laws do not apply. However, if he knew that the motor was in bad shape and siad otherwise, you can sue him for misrepresentation. The decision to sue would be based on the price of the repair against the cost to you to sue.

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Answered on 6/09/03, 10:30 am


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