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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70700
Experience:  Over 5 years in practice
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A purchaser has agreed and paid a price unfinished boat

Resolved Question:

A purchaser has agreed and paid a price for an unfinished boat project. On collection he refused to take it and demanded his money back. Who owns the boat ?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Did he pay the full price or just a deposit?
Customer: replied 2 years ago.
The full price
Expert:  Jo C. replied 2 years ago.
Thanks
What is the basis for his demand?
Customer: replied 2 years ago.
It wasn't what he expected although he had seen many photographs and had several telephone conversations with my husband who told him exactly what the project was like. The advert had stated that it was an unfinished boat project.Wooden construction for Golant Gaffer,rudder,mast and spars.Lying Yarmouth. I.O.W
Customer: replied 2 years ago.
I should have said the hull was wooden too.
Expert:  Jo C. replied 2 years ago.
It isn't really an issue of who owns the boat per se.
It is an issue of breach of contract. It is paid in full then clearly there is a contract and he is bound by it unless he can show that you have misrepresented in some way.
That does seem to be the veiled suggestion here and it does give him a claim against you but whether it would succeed or not is another matter.
On the face of it you seem to have a fairly sound defence
It really comes down to whether or not you're prepared to run the risk that he may sue. If it is a large sum of money then he is unlikely to take this lying down but I can see your view of the matter and personally I would never back down.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
The sum involved 800.00 is not the issue. We want to know who owns the boat . If he owns it he can do with it what he wishes.If we still own it we will have to re-market it.
Customer: replied 2 years ago.
Is there any more you can add to this ?
Expert:  Jo C. replied 2 years ago.
I'm not sure what I can add.
Who is the owner is what is disputed. You would argue he is and probably would succeed.
Jo C. and 4 other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you very much for your helpful advice Jo.