Has anyone ever had a seller back out of a boat deal?

[fish_food]

A good friend of mine called over the weekend to tell me he found the perfect boat and that the deal was pretty much sealed.

He drove out from the Bay Area up to Redding to look at a white '04 Ranger 185DVS (I think that was the model) w/ 175 hp Merc. It was nicely taken care of and was everything he wanted in a boat so they both worked out a price, which was contingent upon the motor getting a clean bill of health from a local marine shop. They shook on it, a check was written for the agreed upon cost and the shop appointment had been set.

So this morning my friend calls to tell me that the seller is backing out and couldn't accept the previously agreed cost and wanted approximately a thousand dollars more. He offered the options of sending the check back or selling at the higher price. So my friend is pretty upset, and rightfully so--they shook on it, afterall. If the seller didn't like the price that they both agreed upon he shouldn't have sealed the deal with his handshake. Seems pretty dishonorable on the seller's part.

By accepting a check, wouldn't that be considered a contract of sorts? My friend says the amount is too high to be covered in small claims court. So what would you guys do in this situation?

[StockOption]

I think an official signature is required on something like a bill of sale. Perhaps if the seller endorsed and cashed your friends check that may be enough I dunno. Next time I wouldn't leave without a signed receipt by the seller and buyer acknowledging receipt of downpayment, the overall purchase price and/or balance due.

[NaCl]

I am sure you won't be surprised by my following comment...your friend should have had a written contract with a boat inspection contingency clause. This contract protects both parties. It protects the seller from a buyer who walks out on the deal and it protects a buyer from any price changes before the transaction is complete. Without a written contract, a successful lawsuit would depend on an eye witness to the agreed price and delivery conditions. Handshakes don't hold up in court. Then, there would be the cost and inconvenience of a lawsuit....better to just write this one off and wait for another "good" deal to come along.

.....NaCl

[Mike]

I had the same thing happen when I bought my 488. We agreed on an amount, I went and got the money (cash) and when I came back, he said, his wife wouldnt let him sell it for that amount and wanted $1,000 more. I was a bit pissed, but it was still a good deal instead of a great deal, so I bought it. It just depends if you are willing to pay that amount. Still kind of chicken ****.

[leatherneck77]

Okay Guys,

This is just my opinion, but if the check was made out to the seller for the agreed upon price and the memo line of the check stated anything regarding the sale, that might be a legal although verbal agreement. Sounds like the guy got a higher offer after accepting and is just trying to get more money.

[Terry Smith]

Went to buy A Skeeter from A guy in Discovery Bay I offerd him his full asking price of the boat and he turned me down because he had someone else on his way to look at the boat . He said that if the guy didn't offer him more than me then he would call me. About two hours later I get this call " If you want the boat come and get it" I don't think the guy was to happy when I said no thank you my wife said I could go buy A new BassCat after dealing with A dumb arse like you. So I guess I would have to thank the guy in the long run for being so stupied.

I would walk away from the deal if I was your freind. There might be something wrong with the boat and the guy wants the extra grand to pay to have it fixed.

[fish_food]

I am sure you won't be surprised by my following comment...your friend should have had a written contract with a boat inspection contingency clause. This contract protects both parties. It protects the seller from a buyer who walks out on the deal and it protects a buyer from any price changes before the transaction is complete. Without a written contract, a successful lawsuit would depend on an eye witness to the agreed price and delivery conditions. Handshakes don't hold up in court. Then, there would be the cost and inconvenience of a lawsuit....better to just write this one off and wait for another "good" deal to come along.

Yep, a contract with the inspection contingency would have been the way to go. Like you and others who chimed in, I think it'd be best for him to write it off and wait for another good deal to come along. It aint worth the headaches going back and forth with someone who reneges on their word.

I looked up the boat's value on nadaguides.com (I'm aware those figures are just ballpark) and the seller's "revised" price falls right into low retail. Maybe he thinks he was lowballed and that he'd be able to get something higher. But he agreed upon the initial sale and shook on it, not that principles matter a whole lot anymore....

[Mitch]

It's pretty chicken S*&#@ of the seller to do this. HOWEVER, you pretty much are stuck without a written contract. Would I pony up the additional.....? NO WAY !!! Would I give this guys name out to other potential buyers ? YOU BET !!! That kind of dealing is total BS. If you advertise something for sale and agree on the price then as a person of HONOR, you should follow thru with the sale, no matter what you are sellin' AIN"T THAT RIGHT>>>>BITEME ???

[Jim PAyne]

I would still write a letter to the local newspaper were the guy lives and tell his story to them. Maybe the guy is a local that does not want his name in the paper. Just a thought probably won't do much good except make you feel a little better.

[biteme]

This just happened to me with a sport bike. I told the seller to go fly a kite!

[Matt Moreau]

FOR ANY PURCHASE OVER 5K A WRITTEN CONTRACT HAS TO BE MADE..... Now I would always reccomend that you have a written contract but for the sale of GOODS under 5k a verbal agreement can be used in small claims court.... I have to say though this is coming from a bussiness law class taken 5 yrs ago. Things might have changed a bit!

[straitline]

I HAVE A 2006 Ranger 188VS 175 MERC for sale

[DeltaDan]

Matt- I believe the limit for Small Claims has been raised to $7,500 ...

If I am wrong- Lin Tillem on KGO is to blame for this mis-info.