"mis-represented" hours (long)

[GJH442]

earl1z19 - The bill of sale date was 5 months ago. They stored the boat for the winter and delivered it the last week of April. Dealer said he would buy it back but not compensate me for the drive repair. When I asked (3 times) how much he would make the cheque out for, he would not respond.  I am waiting for more feedback but obviously as I already knew the legal route may be the only way to go. I may however make a proposal to him first. My issue is pinning a dollar value on the whole thing.

[PBJT]

The problem is you can not pin a dollar on hrs like you can kms on a car.  For example I know someone that had < 3 hrs on his boat and required thousands of dollars damage/repair.  Visual condition tells a lot on a boat IMO.   69 hrs on a 12 old boat IMO would be a warning of nothing but problems,   I would rather have a boat gently used (40 hrs a year) then one that sat never burnt off the condensation building up in her.   So more of IMO the hrs is poor business practice cause you know the dealer knew and BBB is a good route but as mentioned legal is no real gain to you.  You could reqest 1 year in house warr but then you need to trust them to repair properly.   I would rather learn my lesson  (nest boat purchase PAY for a 3rd party inspection) and start enjoying the boat, cause it is a nice boat.

Pete

[frodo13056]

Most lawyers will tell you to try to work out this type of issue before engaging them - it's called a "reasonable attempt" to work out a solution by both parties. If the Dealer stops responding, then I'd go the lawyer route.
Rule #1 - Document everything possible including phone calls, times, dates, topic, etc.

If I were in your position, most likely I'd just do some basic math on what you thought you were getting verses what you actually got:
69 hours vs. 424 hours is roughly 6 times the amount of wear and tear that the dealer advertised and what you were told. Do a search on the internet about "how long a marine gasoline engine will last" and you'll get some good ideas on what to realistically expect. Going under the assumption that a marine engine will need significant work starting at around 1000 hours (with a rebuild at 2000 hours), you now know that you are approximately 1/2 of the way to having to shell out some potentially big money instead of being 1/10 of the way.
Not only did you pay a premium for a low hour boat, you may take a hit on your re-sale value due to the number of hours – so you need to factor that into settlement.

If you are happy with the boat and want to keep it, then tell the dealer to settle up for both drive replacements and then a 1year warranty on the engines and other systems (head, Air conditioning, etc.) on the boat. After the 1year, you then get a 25% (or some %) discount on repair services. Bottom line is that you should be trying to get at least $7,000 back (10% of your purchase price) in repairs / replacements.
Get everything in writing and once you work out a reasonable settlement, contact a consumer rights attorney and let them take a look at your proposed settlement and see what they think. Most attorneys will provide a free consultation but you have to make darn sure that you have everything documented.

If the Dealer balks, then give him the boat back – but remove (if possible) all the work that you’ve already done, contact an attorney to get your money back for the work you performed – but most likely, that money will be lost. You can always file a complaint with the local Better Business Bureau as well. Then you can name the Dealer, post relevant information about the boat so that someone else does not get hoodwinked.

Personally, I’d dump the boat back to the Dealer because they have already proven themselves to be untrustworthy liars and scammers so I would have a VERY hard time dealing with them if I kept the boat. Once a liar / scammer, always a liar / scammer.

[pepmyster]

I am with frodo. This is starting off on the wrong foot. It will always bug you about the hours. If I was you, I would just give it back and say to myself, Lessons learnt. 

[Vuja De]

If it were me and I was truly unhappy I would return the boat to the dealer along with any repair bills I encountered and demand a full refund. If the difference in hours is a non issue for him, let him find another customer who feels the same way. You didn't state how long ago or recently the sales transaction occurred, just curious.

I agree 100%.  Everytime something goes wrong with the boat, you'll remind yourself of the hours issue.

[earl1z19]

I agree with Frodo as well. Return the boat less any repairs you made. If you repaired the outdrive then return it with a broken one or just without one at all! Its extreme I know but sometimes people just don't get it.
The whole deal stinks but you need to remove any emotion from the situation and find something that sits well with you. Sorry to hear about your situation but keep us posted on what the outcome is.

[GJH442]

Well it sure has been a long time since I posted. Long summer at work, great summer on the water but no spare time.
You may want to read the post from the start but the conclusion is I got $3000 (after legal fees) from the dealer. My lawyer was 100% confident in his ability to get double that however legal fees would have cost another 1500. That combined with the time and frustration was not worth it for me. Dealer says he did not know about the hours because he "never" scans motors. What a load of crap. I cannot at any time name the dealer in a public forum or pursue further action against him as indiciated in the release I signed, but I maintain the right to tell everyone where not to shop at.

Anyway still need to have the starboard drive torn down and checked out. There is no problem but it needs to be checked out.

GOOD NEWS: We ran the boat 49 hours this season and only had to replace a bilge pump and fix the toilet. In defence of the toilet it only broke after my sister in law spent the night on the boat !!!!!!!!
Anyway time to move on. We really enjoyed the boat and look forward to many more seasons with it. It is currently in heated storage and we have access to the building all winter long so should be a good winter.

[frodo13056]

Glad everything worked out to your satisfaction! 

[pepmyster]

Must be a load of your mind!!!!!!!!!!

[dazeoff]

A good lesson for us all .....................

[Break Aweight]

Bottom line you have a good boat and you are happy enjoy

[Lifes Good]

Nice Victory!

Next Summer should be very enjoyable....