Going to put a claim in Small Claims this week. Advise needed

[Guest071514-1]

Long story short I bought a vehicle that was a lemon and realized it when I was stranded. I was lied to terribly and out of nearly 5k at this point. Then turns out he still has a lien from a long time ago (no clear title). What should I do. I want my money back. Using this thing for 2 hours is not worth 5 grand and I'm pissed. My # is in my signature line, and if you know nothing about law then please don't reply, any advise or help appreciated. Thanks Amy

[trynagetlaid]

Did you buy it "As is - no warranty"?

http://www.ftc.gov/bcp/edu/pubs/cons...tos/aut03.shtm

[Guest071514-1]

As is. From a person. Its a boat. And he made me think it was perfect. After I paid he didn't even have the title. There is still a lien from the 80's. So legally with a lien is it really his to sell?

[Guest071514-1]

It was a boat, not a car. When I went to the texas parks and wildlife they told him the boat was still under a lien from the 80's and gave him a relese of lien paper to send in. If the boat isn't even hi to sell do I have a case?

[ShysterJon]

I'm of the belief that this forum exists to discuss legal issues related to the hobby, not the purchase of used boats. Nevertheless, I'll offer a few comments.

The OP's first mistake was buying a used boat 'as is' but not getting it checked out by a professional. Instead, she believed the blather of the seller, not a prudent approach to buying an expensive item.

The OP's second mistake was posting on a SHMB rather than getting the advice of a competent attorney, although $5,000 is at stake.

The OP can file a claim in small claims court to attempt to get her money back. Filing a claim is simple and the procedures in small claims court are streamlined for non-lawyers. The following is a good reading on small claims court by my old DTPA professor in law school:

"How to Sue in Small Claims Court," by Professor Richard M. Alderman, 'The People's Lawyer'

The issue of the title isn't relevant at this point because the OP doesn't want clear title to the boat -- rather, she wants her money back. However, if the title WAS at issue, the OP could claim she was a bona fide purchaser for value without notice. This doctrine protects innocent buyers from third-party claims of title-holders.

[Guest071514-1]

I thought this was for any legal issue?? And I know many hobbyist are attorneys or know the law, or had a similar experience. I paid $3500 and all together now 5k. I know my dumb ass firs time boat buyer got took. My ??? Was, if the title still has a lien can he legally sell it???

[ShysterJon]

Why do you care if the seller had the authority to sell the boat? Your concern should be whether YOU obtained legal possession of the boat from the seller, although the seller didn't have clear title. I answered your question. You may have obtained legal possession of the boat through the doctrine of bona fide purchaser for value. For more information, you might read the following:

http://en.wikipedia.org/wiki/Bona_fide_purchaser

[Guest071514-1]

When I took the boat he gave me the "titles" for boat, motor, and trailor. When I went to texas park and wildlife they said it had a lien. And he had to get the stickers. He just started texting me, he knows he screwed me. Its ok. I'm a boat dummy maybe, but not stupid!