Sale of goods act Re:purchase of a boat

[martyn1457]

Re: Sale of goods act Reurchase of a boat

But the defect would not have been spotted until it was already in the water, as its impossible to see if a seal to prevent water coming in is working until its tried in the water, given the short amount of time it was in the water then its likely the seal was broken and the seller had previous knowledge of this and the cost of the repair hence why he sold it, rather than pay for it to be repaired. The marine engineers statement as an expert witness statement would likely confirm this. Seals don't just break like that they rot and wear down over a fairly long period of time. The overall damage to the engine/bearings/prop shaft as a result of water getting in would suggest that the seal was broken prior to sale and water damage was caused prior to sale, therefore proving it is likely the seller had the same issues and knew about it prior to sale. Dry dock ticking over of the engine would not reveal such fault as water would not be getting in to cause the engine to cut out.

Martyn, did you take a screen shot of the item discription on ebay?

hi thanks for all the advice i have got a copy of the ebay listing
tommorow i have a judge led mediation to try to sort it all out if that fails i have a hearing in january.

i will take the listing and the letter from the marine engineeer tomorrow and see how it all goes

[miliitant]

Re: Sale of goods act Reurchase of a boat

remember people

reasonable doubt does not come into it in a civil court room

it is done on the balance of probability on the evidence provided

thats why a judge is allways given an area of interpretation on fair play in making his decision as long as it is not in contravention of a statutory obligation

[teaboy2]

Re: Sale of goods act Reurchase of a boat

Chances are the mediation will go in your favour, whether it goes to hearing or not depends on if the other side is willing to except some liablitiy if not all, and whether you can come to a mutual agreement that both you and the seller are happy with.

So let us know how it goes tomorrow and good luck!