Texas Buyer's Remorse/Lemon Law info? (sale, lease, homes)

[tickledpink]

My husband sold his jet ski exactly 1 week ago via a private sale (we aren't dealers) and today the buyer calls saying that it doesn't run for more than 5 seconds on the lake and he wants his money back. We have a generic watercraft bill of sale that both he and my husband signed that states various info but most importantly in this case that the boat was sold "as is" with no warranty.

The buyer is threatening to take us to a small claims court and says he'll get us for the money that he has into it "and then some". He's claiming there's a 30 day buyer's remorse law in Texas.

We were very upfront with the condition of the boat. We told him that we hadn't had it out on the lake in several years but last time it was out it ran just fine. The buyer started it up before he bought it and decided he was satisfied.

We told him that we can't give him any money back and ended the conversation.

Does anyone have any experience with this or know any info? Obviously I don't think he has a case, but I could be wrong. Plus, he knows where we live which is kind of freaking me out.

Thanks for any info!

[scm53]

Originally Posted by tickledpink

My husband sold his jet ski exactly 1 week ago via a private sale (we aren't dealers) and today the buyer calls saying that it doesn't run for more than 5 seconds on the lake and he wants his money back. We have a generic watercraft bill of sale that both he and my husband signed that states various info but most importantly in this case that the boat was sold "as is" with no warranty.

The buyer is threatening to take us to a small claims court and says he'll get us for the money that he has into it "and then some". He's claiming there's a 30 day buyer's remorse law in Texas.

We were very upfront with the condition of the boat. We told him that we hadn't had it out on the lake in several years but last time it was out it ran just fine. The buyer started it up before be bought it and decided he was satisfied.

We told him that we can't give him any money back and ended the conversation.

Does anyone have any experience with this or know any info? Obviously I don't think he has a case, but I could be wrong. Plus, he knows where we live which is kind of freaking me out.

Thanks for any info!

#1 - Texas Lemon Law doesn't cover watercraft

#2 - doesn't cover anything out of the original manufacturer's warranty.

Tell him to have at it.

[Austin97]

buyer probably just needs to get it serviced.

[Trainwreck20]

If it ran fine, then sat for two years, and now won't run for long - change the plugs, gas, oil, etc and it will likely be fine.

[woodinvilleguy]

ugh, good luck. Sounds like he should have had someone with mechanical experience look at it prior to purchasing it if they are this in experienced.

[tickledpink]

Thanks, all. I didn't think he really had a case for taking us to court. The thing is, we really have no way of knowing that something didn't happen while he had it for a week! Even if it wasn't in working order before it left our possession, we had no idea of this and the boat was clearly sold "as is". It's a bad situation and I do feel bad that the buyer feels cheated, but it is what it is.

[CptnRn]

Originally Posted by scm53

#1 - Texas Lemon Law doesn't cover watercraft

#2 - doesn't cover anything out of the original manufacturer's warranty.

Tell him to have at it.

From the brochure:

The Lemon Law applies to new vehicles (including cars, trucks, vans, motorcycles, all-terrain vehicles, motor homes, towable recreational vehicles (TRVs) and neighborhood electric vehicles) purchased or leased from a Texas licensed dealer or lessor that develop problems covered by a written factory warranty. Demonstrator vehicles are also considered new vehicles.



The law does not cover used motor vehicles (including program vehicles), repossessed vehicles, non-travel trailers, boats, or farm equipment.