Problems with used boat purchase

[keith66]

Recently purchased a 2000 2300SC from a dealer as a brokered boat . I purchased this vessel because of the condition , flawless inside and out . Upon taking boat out of the water for delivery , we noticed build up in water inlets . Dealer mechanic recommended we take drive off to inspect . this is when we found water ( small amount ) inside drive . Now it needs drive to be rebuilt , gimbal bearing , boot , trim indicators , water pump etc. Here's the problem , I was not allowed to have my mechanic inspect the boat , bad blood between him and another salesman . he was turned away after being told that they could not find the keys . I went that following sunday for a sea trial , no one wanted to go out with me . Boat was financed , do I have any rights to have or insist that the owner pay for these repairs ? I have not taken delivery yet nor has the owner been paid in full . I feel the dealer is partly responsible for not allowing me 2 seperate chances to inspect the mechanicals . I have been told that the issuing bank requires a sea trial . Any thoughts from anyone who has experienced this would be greatly appreciated .

[Tommyfmu]

Keith, I think it may depend on state law where you reside, but if the bank issued a check to the dealer to buy the boat I think that point is not valid about having to have a sea trial first, otherwise they would have had to have the certification first before closing. If you signed and the bill of sale states "sold as is, where is" with no warranty implied or stated, then I'm afraid it's not looking good.

You may want to see in your state whether a lemon law applies for the sale of boats from a dealership although that's probably unlikely, and the second course of action if you wish to wrangle with the dealership is to simply not pay them the rest of what you owe them until you come to an agreement of how much they will pay towards rebuilding the outdrive, etc. It costs a corporation a lot to sue someone, and at least a third to have a collections agent try to recoup, so the odds are in your favor of a negotiation, but put everything in writing including any reasons for holding up payment.

Of course your best leverage in this is if you have any signed documentation by the dealership showing that your mechanic was denied a proper inspection.

[keith66]

thanks for your reply . I should know within the next few days how this is going to play out .

[keith66]

Update , buyers have absolutely no rights ! I got screwed from a local dealer who will not even try to fix this problem . The bank does not even want to hear anything . In the short of it , a dealer can sell a brokerage boat , with out looking it over , the owners can with hold information about it's condition and it seems the dealer can refuse my mechanic from giving it a survey . Refuse me a see trial and then have no legal issues to worry about . Stay away from Islander Boats , Lindenhurst New York ! I got screwed big time . I could care less about boating at this point , it's taken all the fun out of it .I still find it hard to believe crooks have more rights then the rest of us . All I can do now is park this thing outside thier dealership with a sign on it , post a website below thiers and show up at every show they attend to discourage buyers .....

[seapuppy]

dang that sucks...sorry to hear about this...can you take it to another dealer for repair??


SP

[Brianm]

So very sorry to hear your story. Doesn't seem right, not to mention fair, but it seems that good, honest, decent people always get screwed in this country now a days. As hard as it is (not to mention understandable) don't let them screw you more by turning you away from boating altogether. Try and remember... what goes around comes around. The dishonest unfair uncaring people will get what's coming to them eventually. Again, sorry for your bad experience. Best of luck in the future.

[Cymru]

Keith,

Are you saying this happened while you were on a sea trial? What came first, your signature on the dotted line or the test drive? If it was the signature first, then technically the dealer is not at fault.

I realize how angry you must feel but it probably will not help you in the long run. My suggestion is to go to the dealer senior management or owner and talk to them. Don’t threaten them at this point but play the victim. I am sure they understand what a **** deal it is and would at least try to help. Even if they gave you the repair at cost it would be better than you could get elsewhere. It would really kill me to be in that position but get what you can from the dealer. Once done, you can call him anything you want but give it a try.

I wish you the very best. Good Luck.

[Tommyfmu]

Originally Posted by keith66

Stay away from Islander Boats , Lindenhurst New York ! I got screwed big time .

Oh crap, my boat has an Islander Boats sticker on the back of it. I bought from an individual though this past December without any real problems that I couldn't handle, and a price to cover it all, so am very pleased with it, except replacing the outdrive in September with a rebuilt, but it's a 10 yo boat so stuff happens.

Keith if you need an excellent referral in our area to handle your outdrive problem, call Marty Moss of Moss Marine in S. Amityville. Outdrives is all he does, including an exchange program if you turn in your outdrive. I also have a mechanic that did the changeout for me and complete winterization. If you want his number PM me.

[keith66]

I signed on the dotted line while all this was going on , the owner of this dealer is the worst one of the bunch . Nobody wants to take responsibility for anything . I am going to take it to the marina where it will be docked , hopefully he will understand what I've been through and not hit me to hard with the cost . To be honest , I've had it and I'm already in a bad mood towards anyone involved . I do believe what comes around goes around . Karma is a bitch !This was my wifes introduction to boating , not a good start . What the dealer lost was word of mouth recommendations and my future business when it comes time to move up . This is a sore spot that is going to stick for awhile....

[Tommyfmu]

I'd be really po'd too if I were you considering you've got 5 months to dwell on how it's going to go for April's launch. That was us last year; bought in December without a seatrial and 3 weeks of freezing weather before winterizing, so wondered how bad it could be come Spring, but it worked out fine even with having to spend some money to fix stuff, and had an awesome Summer out on the water.

Once the Spring comes and the boat is launched and in working order, I'm sure the reasons you bought the Maxum to begin with (appearance, condition, etc.) will be validated after a bit of fun on the water.

[shrew]

This is the first time I've ever heard of a broker or dealer NOT allowing a survey. That would be a deal breaker for me. I would not trust someone who was trying to sell me a boat yet wouldn't allow me to inspect it. The purchase and sale agreement should always include a "Subject to survey and sea trial. I've even stipulated that that final 20% of payment was subject to the results of a survey and sea trial. dealers and brokers are 'almost' always willing to work around these contingencies. If they're not, then there are plenty of dealers out there trying to sell boats and all of their offices are very quiet right now.

[seapuppy]

I have to agree with shrew....that's crazy to hear that they wouldn't allow an survey or seatrail...thats just standard procedure when purchasing a boat....


SP :hello:

[keith66]

live and learn I guess , this time it will cost me to repair an outdrive . It is going to the mechanic who owns the marina where it will be docked . I hope by spring my anger over this whole issue will pass and I will be able to introduce my wife to boating . Thanks to all who posted with advise and support . Keith.

[seapuppy]

Keith
don't dispair any...boats can be repaired...athough you got screwed about this one....once it's repaired and your stuff is on it...you make mods to it to make it yours...you'll enjoy boating....

keep comin here....

Steve

[shrew]

BTW Keith,
My reply was more of a 'Carpe Diem' for others who read the thread, not a criticism of you directly. I could write a book with the number of times I've stepped on my........<self>. I had a survey and seatrial and ended up replacing manifolds a month after buying the boat, and the engine blew 4 months later after getting a good bill of health. who's to say this would have been caught? Besides, outdrives don't last forever. Look at it like adding some life and value to teh boat. the boat would have cost more if they replaced it BEFORE selling it. So you didn't really loose here.

[Tommyfmu]

Seapuppy and Shrew are right on; that's what I figured too; what's done is done, so move on and enjoy it when the season rolls around. I had a mechanical inspection b4 buying and still had to replace the drive after 3 months of operation.

Keith, what area are you docking? We're out of Freeport and go to Short beach, Zachs Bay, and all through and in between, including a trip to NY harbor in Sept. We're going to head to Fire Island hopefully at least for a few weekends next Summer.

btw, for everyone in a nicer climate than ours (NY), please feel free to keep on posting your picks in the 'show us your boat section,' no matter if we've seen your boat in lots of pics already. It's a positive reminder of next season

[keith66]

I just wish this was the old west , high noon and pistols .....

[seapuppy]

which one??..I got 9 to choose from???



SP irate: