On 30 december 2020 we have negotiated a deal with person who was selling his boat on trade me. We have discussed the

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Customer: On 30 december 2020 we have negotiated a deal with person who was selling his boat on trade me. We have discussed the price and the things that needed to be done by 12 January 2021. We have paid a deposit as agreed. When we meet 2 weeks later - no work has been done on the boat? The financing company has asked for the valuation. The owner wasted 4 weeks to get it organised and did it several times, being unhappy with the outcome. In the meantime nothing has changed. The things on his to do list have not been done at all. He is not a certified technician and was keen to fix the boat himself from old spare parts. Week after weekno change. The money has arrived and we have transferred it to the owner thinkibg that we will finally get the boat. Not. We spent one weekend 2 hours saturday and sunday learning how to handle the boat but did not get it. We drove low speed putting the anchor down that got stuck 4/5 times; he said he will fix it. In the meantime we gad to book a marina $800 per month and pay the insurance of the boat. We have also paid for the valuation. No change. Eventually we told him that the summer is over and we want the boat on weekends and he can fix it during the week (but not for the next 52 weeks?) Last Friday we got a boat - my husband was to bring it from Mahurangi to Belmont. After an hour there was a huge explosion and black smoke. The waves were pushibg the boat towards the rocks. The anchor has not been fixed and it got stuck, of course. My husband's life was at risk, did not know what to do first... luckily there was no fire but broken parts and burnt oil. The coast guard broght him to the shore at midnight. Prior to that incident, We have signed the contract but not the last clause that was to be signed after the sea trial. We told the owner that we are not happy to proceed and askef for the refund. They ignore us and claim that my husband has caused massive damage to the boat because he was warnef about overheating?? $ 92.000 to watch for overheating on its first ride? Instead of relaxing, fishibg we need to watch for the brojen engine. They now ignore our requests to refund our money and we do not have a boat in our pissession and can't buy another boat and the summer is over? The ibsurance would have not accepted the claim because it was him, uncertified person pkayong with the engine. What to do. Thank you
JA: What state is this in? And how old is the boat?
Customer: The engine was overheating and he said that he replaced the belt that he forgot to adjust. The boat is in whangaparoa marina he is working on it. Boat is 1996
JA: Have you contacted the seller or manufacturer?
Customer: We are dealing with the seller all the time? It was a private sale on trade me and the owner of the boat acts as mechanic. No one else to contact?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Where to go. What to do next. What are my rights
Answered by Chris The Lawyer in 15 mins 1 year ago
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Chris The Lawyer
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Chris The Lawyer, Expert

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I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Chris The Lawyer, Expert

Have you finished paying for the boat?I would suggest that you get an independent boat expert to have a look at what has happened. If you were promised that the boat was in good condition and just needed the maintenance items, but it turned out that there were substantial problems and that the repair work which the seller had undertaken, was not carried out properly, then your next step might be to cancel the contract by notice to the seller and asking for your money back. If your claim is for more than $30,000 you will need make an application to the District Court, and if that is the case I would recommend you instruct a lawyer. You can make a claim under the Contract and Commercial Law Act asking to cancel the contract because of the misrepresentations and seeking the return of your money

Customer
Amazing. Your response brings a piece of mind and gives us hope. I think that I will need your help very soon. There is a due date for the money refund - tomorrow, 23. February at 7 pm. If not, I will need a lawyer on Wednesday, 24 February. Can i contact you? And how? Many thanks, ***** *****
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My details are***********but I can talk only from 16 - 24. I work at school...until 4 pm.
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