Whos a good Lawyer
#41
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I can agree with that...... I just think people go to big name brokers to avoid things like this. I would just think the broker would make a strong effort to fix this issue . Could lead to a life long customer
#42
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On the other hand, if you represent something for sale, you better know what the condition of that product or service.
Sucks for all parties involved.
#43
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I also found out from an insider down there that the kid that owned this boat may be a partner in lake of the ozarks marine or the owner? And not just another seller being paired with a buyer as he puts it. Maybe ed can shed some light on that truth. Either way it was just another grossly misrepresented piece. But it happens. Buyer beware. It's ashame to have to say that.
Raf
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Yesterday I was attempting to resolve the issue, I told him I can't make any promisses. I will see what I can do. I receieved this text ten minutes later: "Ed don't worry about trying to talk to anyone.....I tried to make the best of a bad situation but I got a slap in the face instead...it will be easier on me to just to (sic) court for the whole bill and the R and R on the engine. Sorry that we couldn't come to a fair compromose"
Next text two hours later received was "General boating discussion OSO"
The seller will not pay for the engine repairs, I was trying to see what I could do and what was fair. Buyer said he works in the truck industry and people drag him thru the mud when they have an issue so that is his plan for me. I went from a hero ("You are the only guy I would ever do buisness with again!") to a zero.
I was 100% honest with the buyer, no one had any idea there was an issue with the motor.
This was not a 10% deal and the buyer knows this - actually he knows exaclty what I made and it's not enought to cover even half the $11,422.19 estimate I was sent. What he offered to pay was for parts that were not broke and he wanted to change/upgrade. I was very transparent on the deal with nothing held back just like I do on every sale no matter if is a six figure boat or a $15.00 part.
#44
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Eddie, I am sorry man I have to disagree with you, unless you advertised the boat with a blown motor, you didn't represent the boat 100% correct. You may have represented it to the best of your knowledge, but not knowing a motor is blown on a boat you are selling as fully functional is no excuse, and from my understanding you didn't represent the boat with a blown motor. I personally steer clear from brokers, as the boats I looked at that were with brokers they didn't have a clue about the boat, was just trying to sell. This story right here reinforces that to me. If the facts are correct that the boat arrived to the buyer with a blown motor and the broker advertised and sold the boat as running condition, I hope the broker is made liable for all repairs and all buyers court and lawyer fees. Maybe then brokers will understand that representing a boat and selling it has liability to it. I like the way the one guy runs his consignments, boat must be checked prior to taking on the boat to sell. Too many dishonest people in this world that want other people to pay for their screw ups. It seems pretty simple to me, If i owned a brokerage it would be required that a complete survey and test done on the boat prior to me agreeing to take it on. I just don't understand how you can sell something to someone describing it one way, and then take no responsibility when it isn't even close to the way it was represented. The "We didn't know" response will not gain you any business, and will definitely lose you business.
Last edited by ealesh33; 03-05-2014 at 08:42 AM.
#45
21 and 42 footers
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6 figure boat bought by a guy that did not come see the boat, did not come pick-up the boat, and "trusted" a stranger as to it's condition........
Sorry, I gotta place blame there.
Some years ago I agreed to buy a $50K boat 1,000 miles away that I couldn't go see. I spent almost $700 getting a survey/sea trail/mechanical inspection (which are not included in surveys!) done........promptly decline to buy the POS due to what was found. For under $1,000 the buyer could have had plenty of leverage or saved a bunch of cash.
Sorry, I gotta place blame there.
Some years ago I agreed to buy a $50K boat 1,000 miles away that I couldn't go see. I spent almost $700 getting a survey/sea trail/mechanical inspection (which are not included in surveys!) done........promptly decline to buy the POS due to what was found. For under $1,000 the buyer could have had plenty of leverage or saved a bunch of cash.
#46
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6 figure boat bought by a guy that did not come see the boat, did not come pick-up the boat, and "trusted" a stranger as to it's condition........
Sorry, I gotta place blame there.
Some years ago I agreed to buy a $50K boat 1,000 miles away that I couldn't go see. I spent almost $700 getting a survey/sea trail/mechanical inspection (which are not included in surveys!) done........promptly decline to buy the POS due to what was found. For under $1,000 the buyer could have had plenty of leverage or saved a bunch of cash.
Sorry, I gotta place blame there.
Some years ago I agreed to buy a $50K boat 1,000 miles away that I couldn't go see. I spent almost $700 getting a survey/sea trail/mechanical inspection (which are not included in surveys!) done........promptly decline to buy the POS due to what was found. For under $1,000 the buyer could have had plenty of leverage or saved a bunch of cash.
I do have a few questions though, and things I always asked when looking at a boat. How long was this boat for sale? Was there anyone else that was interested to the point where they had a survey done?
#47
21 and 42 footers
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Another thought. If a broker runs every boat through a series of tests, do his cost go up related to that boat? Does his price increase related to that boat?.....and are you going to pay more since it's clear from the responses here everyone THINKS all brokers test the boats already. What about the boat that sits on a dealers lot grossly over-priced due the sellers demands. Is the dealer going to add $1,000 of his time money to a boat that isn't likely going to sell? After a few months of sitting on the lot without interest the owner decides not to sell the boat and takes it back......does the dealer simply eat the inspections he already performed?
As mentioned. When you buy a house do you take the word of the seller that everything is perfect. Doesn't your mortgage company REQUIRE a title search, termite inspections, etc. These things are done AFTER a sale has been negotiated, not before.
As mentioned. When you buy a house do you take the word of the seller that everything is perfect. Doesn't your mortgage company REQUIRE a title search, termite inspections, etc. These things are done AFTER a sale has been negotiated, not before.
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Its simple, seller has to pay to have the boat gone over before the broker will take on the sale. This wouldn't be expensive, compression test, leak down test, and a good look of the boat to make sure what is functional and what isn't is simple to do. The whole reason to use a broker is cause you feel they have a bigger pool of clients to market, and they can sell your boat faster and hopefully more then you could on a private party sale. If a seller doesn't want to do that then they can sell the boat on there own. Any joe schmo can drop a boat off and say "Mint, everything works, does 100 mph" and roll out. And to be honest I wouldn't be surprised if the some brokers would just throw it in the corner of there lot and write an add. Liability does come on the buyer, but come on liability also has to be on the seller as well. and as a business you have to protect your name and interests. Trusting a guy dropping his boat to you to sell it for him isn't protecting your interests.
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Every brokered boat I have looked at or called on including my current boat with brokers people have called on here the "big boys", have all said inspection/survey/sea trial is up to the buyer and the boat is sold as is. They give the facts, dyno sheets, recipts etc. that the boats owner has given them. The only ecxeption to this, is if the broker/dealer took the boat in on trade and it is now their boat. And even then I would still do a survey.inspection/seatrial if I am looking to buy.
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OK, I was going to let this go unless it really got out of hand. I was the SELLER of this boat.
This boat was not misrepresented in any way, shape or form nor were there any known mechanical issues with this boat at the time of selling. I purchased this boat in 2012 from Fastboats. As the story I was told goes: It was previously owned by an old school gear head and he was 72 years old. His other boat was a 110' yacht - point being it was maintained with the proverbial "open checkbook". When he owned the boat, the STBD motor intercooler leaked and the motor hydro locked on him. Fastboats pulled the motor and sent it back to Potter for a total rebuild. I was given the invoice...it was nearly $28k just for the rebuild and that didn't include the out & in. I also gave this invoice to the BUYER so he could see what was done to the now, motor in question. When I purchased the boat this motor was to have 6-7 hours on it. The owner came down with Lou Gehrig's and the boat sat till bought it. Not real important but I have nothing to hide so just giving the history.
I think I put 70-80 hours on the boat through the second half of 2012 and 2013 with my family. I don't have a 110' yacht but I too maintained this boat with a similar but smaller "open checkbook". Over the winter of 2012, I sent the carbs to Nickerson and had nearly $10k in paint touch ups and changes made to it. Any little thing that was wrong with this boat was fixed immediately. You can ask anyone that knows me....I'm that guy that buys a used boat, fixes it up till its absolutely perfect and then when there's nothing else to do with it, sells it. That's is true of my last 3 boats.
In the summer of 2013 both tranny's were rebuilt after the PORT motor shot craps and needed rebuilt. The motor wasn't getting oil, the push rods went bad and then whatever else that took out with it. I had an $18k rebuild on that motor and that too did not include out & in. This was disclosed to the BUYER. He was also given a copy of that motor repair build as well as he talked to the rigger and possibly the engine builder (not 100% sure on that). The motor was put back in the boat and within a few hours one rocker (or two) broke on the newly rebuilt motor. Motor went back to the builder and the manufacturer of the rockers warranted ALL parts and the builder warranted the labor and I paid the out & in.
By now it's late summer and I think the next outing in the boat was the poker run on the Friday of The Shootout weekend. I ran the poker run that day and the boat ran flawlessly. We ran 50 miles up the lake and back with multiple stops along the way. The boat was put back on the lift and I don't believe it was taken out again. I then had it winterized by a well known certified marine technician. THERE WERE NO INDICATIONS THAT ANYTHING WAS WRONG WITH THE BOAT. The boat has been listed for sale all year while I used it so it's not like it went up for sale after it went on the lift and I winterized it.
It was listed with LOM. Eddie & LOM are friends of mine and he has rode in it before. These guys didn't broker it as a favor because it was know to have an issue nor would I EVER put purposely put my friends in an awkward situation. No one knows me on here really but I am not that guy that would purposely misrepresent or conceal an issue upon a sale of a boat. Eddie knows every little thing that I did to this boat. He also knows the repair shop that did all the work on it and this is a very reputable shop. I know for a fact had they had any idea there was an issue it would have been mentioned. So, fast forward to the BUYER. He buys the boat AS-IS and had every opportunity to perform a shake down, mechanicals, leak down, compression test or whatever on the boat just like any of us do. Disclosure was made on every little paint knick or scratch so he knew EXACTLY what he was getting. He never came to see the boat; never had anything checked out on the boat; bought it sight unseen. He sent somebody down to pick it up and from there the story unfolds after the boat was in his possession.
Eddie called me to tell me the initial story. He said the buyer said there was an issue and he wanted a little help on the bill. A few weeks passed by and then the buyer sends a note that he wants $11k+ based off an estimate from an engine builder. I called Eddie and we spoke about it and I told Eddie I had no clue anything was wrong; don't know what happened to the boat after he took possession. He bough it AS-IS and had every opportunity to go through it beforehand. LOM was merely a broker that connected a buyer and seller. There were no false representations made. This boat ran ABSOLUTELY flawless my last outing and there was no intent to hide anything. We are all one turn of the key away from mechanical issues. It happens all the time in boating especially with high performance (1150's with 1671 blowers & Holley dominators).
The BUYER was never told to "get bent" or whatever was stated. Dialogue was ongoing and documentation was forthcoming of everything done to this boat. LOM got less than 3% commission on this deal. What else do you want to know? No one is hiding and everything is on the table. If the story is true from the BUYER, then yes it does suck. Not to justify things but I too have been through a similar situation. I bought an 05 420 Sundancer w/ Cummins power from a broker in MI. He convinced me to use an "recent" survey. I has someone do a visual on the boat for me and bought it site unseen no mechanical inspection. I had it hauled to LOTO, dropped it in at the Grand Glaize and made it just past the Community Bridge, a 6 mile trip, when the port motor started clicking. Dropped the #4 cylinder and needed a $12k rebuild after 6 miles. I learned my lesson that day....I will never buy a boat without a mechanical inspection again because SH*T happens to boats! I never went after the broker or seller as I knew I bought the boat it AS-IS and it was ultimately on me.
This boat was not misrepresented in any way, shape or form nor were there any known mechanical issues with this boat at the time of selling. I purchased this boat in 2012 from Fastboats. As the story I was told goes: It was previously owned by an old school gear head and he was 72 years old. His other boat was a 110' yacht - point being it was maintained with the proverbial "open checkbook". When he owned the boat, the STBD motor intercooler leaked and the motor hydro locked on him. Fastboats pulled the motor and sent it back to Potter for a total rebuild. I was given the invoice...it was nearly $28k just for the rebuild and that didn't include the out & in. I also gave this invoice to the BUYER so he could see what was done to the now, motor in question. When I purchased the boat this motor was to have 6-7 hours on it. The owner came down with Lou Gehrig's and the boat sat till bought it. Not real important but I have nothing to hide so just giving the history.
I think I put 70-80 hours on the boat through the second half of 2012 and 2013 with my family. I don't have a 110' yacht but I too maintained this boat with a similar but smaller "open checkbook". Over the winter of 2012, I sent the carbs to Nickerson and had nearly $10k in paint touch ups and changes made to it. Any little thing that was wrong with this boat was fixed immediately. You can ask anyone that knows me....I'm that guy that buys a used boat, fixes it up till its absolutely perfect and then when there's nothing else to do with it, sells it. That's is true of my last 3 boats.
In the summer of 2013 both tranny's were rebuilt after the PORT motor shot craps and needed rebuilt. The motor wasn't getting oil, the push rods went bad and then whatever else that took out with it. I had an $18k rebuild on that motor and that too did not include out & in. This was disclosed to the BUYER. He was also given a copy of that motor repair build as well as he talked to the rigger and possibly the engine builder (not 100% sure on that). The motor was put back in the boat and within a few hours one rocker (or two) broke on the newly rebuilt motor. Motor went back to the builder and the manufacturer of the rockers warranted ALL parts and the builder warranted the labor and I paid the out & in.
By now it's late summer and I think the next outing in the boat was the poker run on the Friday of The Shootout weekend. I ran the poker run that day and the boat ran flawlessly. We ran 50 miles up the lake and back with multiple stops along the way. The boat was put back on the lift and I don't believe it was taken out again. I then had it winterized by a well known certified marine technician. THERE WERE NO INDICATIONS THAT ANYTHING WAS WRONG WITH THE BOAT. The boat has been listed for sale all year while I used it so it's not like it went up for sale after it went on the lift and I winterized it.
It was listed with LOM. Eddie & LOM are friends of mine and he has rode in it before. These guys didn't broker it as a favor because it was know to have an issue nor would I EVER put purposely put my friends in an awkward situation. No one knows me on here really but I am not that guy that would purposely misrepresent or conceal an issue upon a sale of a boat. Eddie knows every little thing that I did to this boat. He also knows the repair shop that did all the work on it and this is a very reputable shop. I know for a fact had they had any idea there was an issue it would have been mentioned. So, fast forward to the BUYER. He buys the boat AS-IS and had every opportunity to perform a shake down, mechanicals, leak down, compression test or whatever on the boat just like any of us do. Disclosure was made on every little paint knick or scratch so he knew EXACTLY what he was getting. He never came to see the boat; never had anything checked out on the boat; bought it sight unseen. He sent somebody down to pick it up and from there the story unfolds after the boat was in his possession.
Eddie called me to tell me the initial story. He said the buyer said there was an issue and he wanted a little help on the bill. A few weeks passed by and then the buyer sends a note that he wants $11k+ based off an estimate from an engine builder. I called Eddie and we spoke about it and I told Eddie I had no clue anything was wrong; don't know what happened to the boat after he took possession. He bough it AS-IS and had every opportunity to go through it beforehand. LOM was merely a broker that connected a buyer and seller. There were no false representations made. This boat ran ABSOLUTELY flawless my last outing and there was no intent to hide anything. We are all one turn of the key away from mechanical issues. It happens all the time in boating especially with high performance (1150's with 1671 blowers & Holley dominators).
The BUYER was never told to "get bent" or whatever was stated. Dialogue was ongoing and documentation was forthcoming of everything done to this boat. LOM got less than 3% commission on this deal. What else do you want to know? No one is hiding and everything is on the table. If the story is true from the BUYER, then yes it does suck. Not to justify things but I too have been through a similar situation. I bought an 05 420 Sundancer w/ Cummins power from a broker in MI. He convinced me to use an "recent" survey. I has someone do a visual on the boat for me and bought it site unseen no mechanical inspection. I had it hauled to LOTO, dropped it in at the Grand Glaize and made it just past the Community Bridge, a 6 mile trip, when the port motor started clicking. Dropped the #4 cylinder and needed a $12k rebuild after 6 miles. I learned my lesson that day....I will never buy a boat without a mechanical inspection again because SH*T happens to boats! I never went after the broker or seller as I knew I bought the boat it AS-IS and it was ultimately on me.