Full question:
I bought a boat from a individual who stated there was nothing wrong with the engine I also asked if he had always winterized it and he said yes now I took it to the lake and pre checking the fluids in it found water in the oil the local dealer said it was freeze damages is the seller liable since he told me he had winterized it. There was nothing on paper and his ad did not state as is.
- Category: Contracts
- Subcategory: Breach of Contract
- Date:
- State: Texas
Answer:
You may have a claim against the seller based on fraud or breach of an oral warranty. For fraud to apply, the seller must have made a misrepresentation about an existing fact. This includes statements made without intent to perform or with knowledge that they are false. In your case, the seller's claim that the engine was winterized could be seen as a misrepresentation if he did not winterize it, especially if he had exclusive knowledge of the engine's condition.
For a successful fraud claim, you must show that you relied on the seller's statement and that this reliance was reasonable. You also need to demonstrate that the damage to the engine was a direct result of this misrepresentation.
A breach of contract occurs when one party fails to fulfill their contractual obligations, causing harm to the other party. In your situation, even without a written agreement, an oral promise can be binding if it induced you to purchase the boat. If you can prove that the seller's statement led to your financial loss, you may be entitled to damages.
Potential remedies for breach of contract include monetary damages, restitution, rescission, or specific performance. Restitution aims to return you to the position you were in before the contract, while rescission cancels the contract entirely.
It's also worth noting the concept of promissory estoppel, which may apply if you relied on the seller's promise to your detriment. This legal principle can enforce a promise even without a formal contract if your reliance was reasonable and resulted in harm.
For specific advice on your situation, consider consulting with a legal professional who can provide guidance based on the details of your case.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.