Seller in Alabama auctions used boat on eBay Motors with an Insurance Company title. Buyer claims the boat visited Davey Jones Locker (was sunk) and files lawsuit in Florida. Seller claims there were no title disclosures (rebuilt or salvage) when he bought the boat at another auction.
I’m not too familiar with boats, other than that old saying. A boat owners happiest days are the day it’s first purchased, and when it’s sold. Vehicle repossessions are often titled in the lenders name (FMCC comes to mind) to be sold at auction etc. With that in mind, just because the boat is titled in the insurance companies name, is no proof of prior damage, to the best of my knowledge.
Proper documentation is key to surviving a motor vehicle internet sale. All vehicles, cars, boats, aircraft, anything that’s considered a vehicle should be sold AS-IS NO Warranty. Doc suggests sellers put their terms of sale in writing and have the buyer sign them. Paperwork can be emailed or sent snail mail. Doc also advises sellers to not release the vehicle until signed paperwork is received! 😉
Ok fellows, bought a boat at auction, good title!!! clear title, as many of you do, I bought it online with online pictures and a condition report.
No real issues when I got it home, very nice, it was what I expected. Well I paid too much lol, I used it a bit, kinda bought it to play with, so I kept it a couple of years, anyway I listed it NO RESERVE in may of 2017.
Sold it, buyer was happy when he received it, I lost about 4000. Anyway I got a letter from his Lawyer (which is also his father) They are claiming that the boat was previously sunk, and salvaged by a Insurance company. I looked back and It did have a Insurance company owned title, however it was not salvage, It did not have any brands, and there was not a disclosure made to me buy the auction company. They demanded that I buy it back, I refused, I have since been served from a Florida court, and the whole transaction took place in Alabama.
Not sure what happens next, I turned it over to my lawyer. However I just wanted you guys to know that the old saying is You cant be sued in another state, NOT TRUE!
Then that other old saying comes to mind, buyers remorse.. Anyone can sue anyone if they have the money to feed an attorney. However as a rule the defendant is forced to retain council to get a frivolous suit dropped. It’s often said the only ones that make out on a deal like this are the attorneys!