Dealers!!!! I am getting sued in Florida, vehicle was sold on eBay in Alabama!!!

[robalabamamarine]

Ok fellows,     bought a boat at auction,  good title!!!      clear title,   as many of you do, I bought it online with online pictures and a condition report..   

No real issues when I got it home,  very nice,   it was what I expected...     

well I paid too much lol,   I used it a bit,  kinda bought it to play with,   so I kept it a couple of years,  anyway I listed it NO RESERVE in may of 2017...     NO ISSUES

sold it,   buyer was happy when he recieved it,   I lost about 4000...    anyway I got a letter from his Lawyer (which is also his father) They are claiming that the boat was previously sunk, and salvaged by a Insurance company...    I looked back and It did have a Insurance company owned title, however it was not salvage, It did not have any brands...   and there was not a disclosure made to me buy the auction company.   They damanded that I buy it back,  I refused,   I have since been served from a Florida court, and the whole tranaction took place in Alabama...     

Not sure what happens next,    I turned it over to my lawyer,  However I just wanted you guys to know that the old saying is You cant be sued in another state,   NOT TRUE!!!!

[legitimate_bidder]

unless they can prove fraud, which would mean proving that you knew of the boat's past, and did not disclose it when asked, or lied about it, they will lose. Sounds like they are just trying to intimidate you.  The fact that you kept the boat for several years for your own personal use, is about the best proof you could have there was no fraud. Maybe you could find a reason to file a counter suit against them. That would level the playing field a bit, as they'd have some dogs in the fight now.

[sigs70]

Hello and good morning,  the purchase of and used item is a 100%%% as is Sale, unless you have written a warranty to the new owner..Sure you wrote a Sales contract that States As is condition and no warranties 

- I don't have much knowledge of the Boat world, but is the Auction company still around? If so can you go after them for a flood title boat, if you got a Clean title did they pull a bait in switch in order to push the Boat onto you?Becaue I believe when a car or boat is flooded and the owner is paid out, the Ins comp and is suppose to

re-title it as Salvage...

- Before this gets to messy, I would seek legal advise, usually 1st visit free...

PS please keep in mind I'm no layer or do I hold any legal back ground, just trying to help out all my knowledge is from Judge Judy and the Peoples Court... Good luk 

Sigs70

[atikovi]

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wrote:

They are claiming that the boat was previously sunk, and salvaged by a Insurance company...    I looked back and It did have a Insurance company owned title, however it was not salvage, It did not have any brands...   and there was not a disclosure made to me buy the auction company. 

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Why would an insurance company have titled the boat otherwise? That never crossed your mind? To at least investigate further. Years ago it was common for insurance companies to pay the loss and title the salvage without getting it branded. Also it could have been stolen and then recovered but you would have to get that information from the insurance company but chances are they won't even talk to you. What proof do they have that it was sunk? And wouldn't they have to sue you in Alabama where it was sold from?

[tony1963]

I'd like to read the compliant.  I wonder what legal theory they are using.

The other contributor is correct, you have to be able to prove fraud.  In this case, what they might be able to prove is that the vehicle was previously dealt with as a total loss which was not part of the title history.  To that end, the complaint is against the insurance company who apparently concealed the loss.  However, laws may have been different then.

The buyer has to be able to prove damages.  If your sales documentation specifically named a jurisdication for disputes, then you can file against the other party for breach of contract in an Alabama court.

[robalabamamarine]

here is the language...

Defendants are subject to the jurisdiction of Florida courts because they committed a tortious act within this state by making false representations of material fact on the internet and in text messages sent to Plaintiff in Pinellas County, Florida with knowledge that he resided here..

well I had no idea.. and I had no idea where the buyer lived...

[atikovi]

That is just their opinion. How were you served? 

[robalabamamarine]

Some Lady came by and served me, I am guessing it is a service you can hire..

[legitimate_bidder]

They're probably hoping that you won't show up, and they'll then win their frivolous case by default. The thing to do, is to file a countersuit for your trouble and expense of fighting a frivolous lawsuit, and sho show up so you can win. Once they see that you have filed the countersuit; and knowing that their own case is unwinnable....but yours isn't, they will likely drop the auit; or if not, you will make some quick money.

[tony1963]

You need to get the case dismissed in Florida and have your lawyer argue that the venue is Alabama where the transaction occurred.  Sending messages over the Internet is akin to making phone calls or mailing documents in the old days.  The fact that your buyer is in Florida and the goods were for sale in Alabama doesn't make it a Florida case.  Florida will, however, be happy to take the filing fees and process the paperwork.

You will need a lawyer on this and if it was me, I'd be suing in Alabama for breach of contact (check with your lawyer) since suing in Florida is not the proper venue and jurisdiction.

[legitimate_bidder]

Well-said, Tony.

[marinermikes]

Just because the title went through a insurance company at one time doesn't mean it was sunk. How did they come to the conclusion that the boat went under at one time?  I assume you never mentioned any problems in any messages to the buyer.

Did they not look at the title before they bought it. If not they should have.

Sounds like one of those I took the boat to my certified boat mechanic and he says carp! Been there done that.

The time to check these things out is before you buy it. They didn't find any thing that couldn't have been detected in a inspection. All information was there all along.

You recieved some sound advice from the members of this board.

[ripsmc]

I'm no lawyer but I don't believe they have a leg to stand on and they're just trying to roll you.