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I'm a newbie to this site and need some help please!
I recently sold an auxiliary sailing yacht to a buyer who's home port is 150 miles away. I advertised the yacht online and in the advert put "engine works well" which it did under test out of the water. This was the only testing the engine had as I'd never used the boat myself.The purchaser came to examine the yacht which was ashore in the boatyard and was offered the chance to run the engine as cooling water was available by hose. He declined. He made a one hour long inspection of the yacht and, the next day, made me an offer which I accepted.
He was initially going to re survey the yacht in the water before finalising the purchase but changed his mind and asked me to deliver the yacht to him by sea and I agreed to do so. I therefore, asked him for payment up front and he agreed.
Other circumstances intervened and I was unable to deliver the yacht to him.
He came with friends a few days later to collect the yacht and take it by sea. Shortly after departure the engine stopped four times. He still proceeded on his journey. Eventually the engine stopped and failed to restart so he called the lifeboat for a tow.
He is now claiming that I am responsible for all expenses incurred although, in the opinion of some experts, he should never have proceeded, the engine having failed while he was still in sheltered water.
I sold the boat in good faith and the description of the boat was accurate to the best of my knowledge. If I'd had any reservations I would never have offered to deliver it. At no time did I make any guarantees as to the condition of any equipment on the boat.
Am I liable for this man's predicament?
I recently sold an auxiliary sailing yacht to a buyer who's home port is 150 miles away. I advertised the yacht online and in the advert put "engine works well" which it did under test out of the water. This was the only testing the engine had as I'd never used the boat myself.The purchaser came to examine the yacht which was ashore in the boatyard and was offered the chance to run the engine as cooling water was available by hose. He declined. He made a one hour long inspection of the yacht and, the next day, made me an offer which I accepted.
He was initially going to re survey the yacht in the water before finalising the purchase but changed his mind and asked me to deliver the yacht to him by sea and I agreed to do so. I therefore, asked him for payment up front and he agreed.
Other circumstances intervened and I was unable to deliver the yacht to him.
He came with friends a few days later to collect the yacht and take it by sea. Shortly after departure the engine stopped four times. He still proceeded on his journey. Eventually the engine stopped and failed to restart so he called the lifeboat for a tow.
He is now claiming that I am responsible for all expenses incurred although, in the opinion of some experts, he should never have proceeded, the engine having failed while he was still in sheltered water.
I sold the boat in good faith and the description of the boat was accurate to the best of my knowledge. If I'd had any reservations I would never have offered to deliver it. At no time did I make any guarantees as to the condition of any equipment on the boat.
Am I liable for this man's predicament?
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