NSW Recent Purchase gone wrong

[BMarine]

Hello,

I recently bought a trailerboat and even though I did a ppsr check it turned out the person I bought it off had secured finance on the motor.

I'm expecting the motor to be repossessed. I have a receipt that says nothing about finance on it. I can't contact them. I have never been in trouble with finance or the law in my life.

I have two questions:

If the motor is damaged, or stolen while in my possession, am I liable for it?

If I decide to sell parts of it to recoup my loss will I be held liable?

Thank you.

B

 

[Paul Cott]

Hi B

You may be liable if there is theft or loss or damage but it really depends on the exact circumstances of the loss theft or damage.

You could be liable for at least some of the proceeds of a sale. I'm not trying to sit of the fence here but the legal issue here is a little tricky and uncertain.

The person who sold you the boat with a motor under finance whilst not disclosing it you may be liable to you but as you say, you can't contact them. Good luck, hope I have helped at least a little.

 

[kevin586]

Hi B
The person who sold you the boat with a motor under finance whilst not disclosing it you may be liable to you but as you say, you can't contact them. Good luck, hope I have helped at least a little.

you may be able to take action against this party on the basis of deception given they have failed to disclose material and pertinent information in your decision to purchase the vehicle.

You may be able to launch an action for both punitive and exemplary damages from this party. You should certainly be able to sue, in a civil court, for recovery and costs of recovery of the money you paid for this boat.