Actual litigation or only the threat of it?
Deane, Well, you've started quite a firestorm here. What isn't clear to me is whether you have commenced litigation against Hunter or have merely threatened to do so. If you've filed a lawsuit, you should give us the citation, as in Roe v. Wade along with the docket number and the court where it was filed. The pleadings of the case, which are public documents, will obviously speak for themselves. But until the case is decided, none of us can presume to know who is in the right. The mere filing of a lawsuit carries with it no presumption of guilt or liabilty on the part of the defendant. If a lawsuit has not been filed, then that should be immediately clarified. The original post refers to "litigation in which we are presently involved", but a later one just mentions the "threat" of litigation. As for your three points of advice, the first one is mostly common sense. I don't understand the importance of having every item on the "FRONT" of the bill of sale, but obviously, every item should be listed. Your second point about getting a written confirmation from Hunter seems absurd. You imply in your statement that if you don't do this, then Hunter may not honor their warranty. No reputable manufacturer would ever capriciously ignore a warranty claim. On the other hand, a manufacturer may decline a warranty claim if the problem isn't covered by the warranty, or if it was caused by someone other than the manufacturer. Your third point, "Do not accept any promise or statement from your Hunter dealer that is not listed on the original bill of sale" is good advice. Most written agreements have language that clearly states that it is the sole agreement between the parties, and that any verbal agreements or representations aren't enforceable unless made in writing and accepted by all parties to the agreement. Lastly, speaking as a business executive, I'll warn you that your original post comes close to defamation. It may have been written in frustration, or offered sincerely to warn your fellow sailors away from the shoals where you have foundered, but the way it was written ("Do this before you buy any new Hunter sailboat") comes across as making it sound like Hunter and/or your unidentified dealer were dishonest. There is something known as defamation per se, which is a form of defamation for which no damages need be proven. The last thing you want to do in resolving a dispute is to give the other party their own cause of action against you. Deane, I hope you get your problems resolved to your satisfaction. And when they are, I hope you'll come back here and clear up the great mystery of what happened. I have to agree with some of the others here who feel exasperated at the lack of specifics. Eric Lorgus, President Great Valley Industries, Inc. Exton, PA
