npx6885

If the seller intentionally deceives the buyer by hiding structural damage does the term "as is" apply? Without disclosure, when seller puts a new floor over rotted stringers and glasses over a rotted transom then advertises the boat "as is" is there some level of recourse? New floor over rotted stringers and glassed over rotted transom to make the boat seem well kept seems a bit extreme and appears outside of whats reasonably detected and far outside of "as is."

CigDaze

Unless there was outright fraud on his part, you're S.O.L.
Example: You: "Is the transom rotted?" Him: "No, it is not," and he knows it is. The problem is that you HAVE to prove he knew. Good luck with that.

"As is" denotes that the seller is selling, and the buyer is buying an item in whatever condition it presently exists, and that the buyer is accepting the item "with all faults", whether or not immediately apparent.

stevesxm

that's not strictly true. in some states there is an obligation to disclose known defects. and due dilligence is always the answer. if you are buying you never take anyone's word for anything. you ask questions and if you get assurances then you commit those to writing as part of the sales contract. that way proving that he " knew" is simple. if you discover he covered a defect yet in writing denied the defect then you win.

but really... when you see all sorts of new structural stuff, aren't you moved to ask " gee... why did he do all this ?" and then ask the right questions and do the right inspections ?

the ultimate responsibility is yours to be smart and careful. the courts can only protect you if you are willfully decieved ... not if you are dumb or negligent.

npx6885

Thank you for your input and you raise interesting points. I printed photos of the boat in his shop before I made the trade in what appears to be finishing stages of the floor and rebuilt engine / drive. The pics were posted on the site where the boat was for sale. The web page has since been deleted so I cant post a link. I suppose in all probability the time and cumulative cost of out of state legal process outweighs my loss. This is the first time I did not catch the "cover up," I've been faced with it but have always seen it before the buy or trade.

PARADISE ISLAND

As is in good running&structial condition!?

soldier4402

If you are talking a dealer you might have a case. If you search the internet, courts are ruling against AS IS quite often, even in boat cases. AS IS does not cover somebody totally specially a dealer. If somebody knew about something and did not disclose it you might have case. If you could prove the work was done recently to cover something up you might be good. It would be harder for you to go after a private sale due to the fact cash may have been used and the court is not going to see a private seller as professional on boats like they would a dealer or marina. But if at the sametime they made a repair and to the best of their knowledge that repaired it then they might be clean and clear, but they should have disclosed it.

Fact of the matter is your best bet is to go back to the seller and be like look heres the deal and see if a gentlemens agreement can be had. But the big thing is if you go to litigation it is going to cost you. I asked a lawyer once to rep me in small claims for something he wanted 2500 for it. So if you take a transom that is probably 5k to fix and lose the case your out 2500 bucks. It all depends on what you spent on the boat and what the fix will cost. Cause you could win the case and get 5k but still pay lawyers fees, the judge may not grant you those, he could grant you half thus you would break even. But you could do small claims your self only cost 100 bucks or so. Also try the BBB or your states attorney general, you can always file a complaint against a business with those two it may not get you anywhere, but it may apply the pressure you need.

Skullkrusher

You hired a licensed surveyor to inspect the boat, right?
Would have been money well spent.

ZP'd

After rebuilding a bowrider that had a "soft spot" in the floor I can say if the floor is rotted in any area. Then the stringers and transom have also very likely been compromised by water. I'd never buy a "floor only" replaced boat without pulling the transom plug out, or at minumum the transom lifting eyes for a self inspection.

If he replaced just the floor due to rotting he just was making a quick cosmetic fix to ditch it IMO.

US1 Fountain

My thoughts exactly. He knew it. Probably even stressed the 'as-is' clause.

npx6885

It was a private party and we made an even trade. In my error I did not hire a pro to inspect the boat and largely relied on the pics he had on the site and my visual inspection. In my error I truly did not consider that someone would be so daft as to lay anything at all over dry rot. Small claims court seems to be the cost effective choice if at all possible due to the "as is" on the bill of sale. Trade was done just outside of Orlando so tonight I'm looking at what the law says about this in Florida.