ratman

"get bent you own it". dayum that's how fires get started

BUP

How about the person who did the check out on the boat - what was his responsibility as he got paid to do a full inspection. It kills me how many of them carry no diagnostic equipment and many buyers in the wings will go by their word - Yep the bottom is clean and its pretty so its got be a good boat. Next what kills me is ask if they have actually sit in on any OEM factory engine training ? You would be surprised at the answers - if they tell you the truth about that question. So would you take your half a mil sport car to fix your 200 K engine especially to a guy that never sat in on any Factory OEM auto engine classes ?

Even if the boat is winterized anyone can scan of the motor , comp test , and leak down test and check the condition of the spark plugs in which could have told something internally of the engine. Also a use of a quality inspection camera down the spark plugs holes might have provided some signs and or info. Heck even a oil analysis might have pointed to something. The boat does not need to be summarized for this type of testing. Would love to know what the inspection cost for a very poor job and who did it. Sorry for your problems.

huskyrider

I'm curious, did he contract an accredited marine surveyor to write a report on the unit and perform a seatrial?

note, I'm not a lawyer

IMO, if all he has is a bill of sale for his purchase and there's no verbage on it as to the seaworthiness of the vessel then he most likely doesn't have a strong case unless he could come up with some copies of it's listing where it stated (in so many words or an indirect manner) that this vessel is seaworthy and ready to go out and enjoy.
Of course my advice is $1.99 short of a cup of coffe at Denny's since they raised the price on it.
I hope I'm wrong and wish your family member luck and will bet he'll need an att'y who's licensed by the Bar of the state of the sale
I know there are lawyers here, the only one I can think of is a criminal defense att'y in Jersey I believe and I really don't remember any who stated that they're a civil att'y.
I've got a neighbor that's a civil att'y who represents business owners in civil suits. I know he's not interested in out of town deals as I asked him if he was interested in a case representing as counsel for the Plaintiff one of my family members who lives in El Paso about 750 miles away but still in the same state. He said "Thank You, but no I have a great case load here in Houston"

See ya,
Kelly

C5Steve

That sucks, but unfortunately to me it sounds like the buyer is stuck with it. IMO save your money from getting an attorney and put it to fixing the boat. I'm sure you heard the phrase "caveat emptor" let the buyer beware. Unless the seller gave you some sort of written guarantee or warranty the seller in not liable. As I see it the only recourse the buyer could have is if the seller actively concealed defects or made misrepresentations amounting to fraud, but would be tough to prove unless it was written. When seller said they could not start he motors since they were winterized, the buyer could had walked away. But since he was still interested he should had put a down payment that the purchase pended to starting, running and having passed a mechanics inspection. It sucks, the buyer was taken advantage of but he had every opportunity to inspect the boat properly. Good luck, hope it works out.

huskyrider

Well I guess as I was typing my reply and taking phone calls you answered my questions.
I agree with Steve save the coin and fix the boat.
I was in the exact same situation a few years ago in my purchase, my contract and the deposit were executed in January and I had to wait until May for ice out at Lake Winnipesauki NH to perform the survey and seatrial. We had issues and the price was discounted for the value of those issues prior to the closing of the transaction.

See ya,
Kelly

runafever

I agree to most points. Certainly is not the way I would have went about buying a boat. The seller has a great reputation from what I understand. They said it was all good. Represented it as good and did a great job of earning his trust. My brother took their word at face value like I would If I trusted someone. Guess that was a mistake. I do business with pier57 only because I trust them. I know that if I buy a used boat from them and it gets to me blown up Scott is the first person to make it right and not run from the problem. Not trying to make this a which dealer is more reputable thread at all. I just want to know if there is any recourse as representations were made and actual condition confirms the opposite. I feel bad for him and this situation but that's boating!

Rwbrew3

Just wondering and sorry to hear about the bad deal- but wouldn't the price of the boat reflect running vs not running? I know these boats go for a lot less without power vs having power, meaning, was the asking price inline with it having power or no power? Just curios !!

Hope all works out !!

runafever

Ok- this boat was represented as being mint! It was represented as having one motor with only 3 hours and the other with only 80 hours. Boat was represented as being very well maintained and fully operational by dealer. It was not represented as a non running boat. I am sure they didn't know it had a blown motor. If they did then wow. There are people in this world that only car about making a quick buck. The controversy lies in the fact that they are turning their back on a customer who put faith in the seller.

runafever

Thank you everyone for all the input. It's a tough situation.

Raf

turbo rr

What you are saying is that when you received the boat the engine was already blown? Or did it blow during the first run?