Bad boat deal

Discussion in 'Boating' started by BassMassey, Jun 28, 2007.

  1. BassMassey

    BassMassey Well-Known Member

    Messages:
    1,883
    State:
    Oconee
    A couple of months ago I came across a used boat at the repair shop right next to the marina. it's an 84 smoker craft 18 footer that had a 89' 40 hp tohatsu motor on it. the guy was asking 2,500 for it and we worked out a deal for 2,200. the following week I took the boat for a run and all seemed well. Before i even got the boat back to the house a bearing busted on the trailor, had it towed later that week and had the bearings and spindle repaired. I took the boat out briefly one afternoon just for about 30 minutes to an hour just to get a feel for it. the following week me and a buddy set out to fish all night on the lake. After putting in we motored around for about an hour or two scouting out some promising spots when the motor slowly sputtered down and quits. The motor was spitten water the whole time but for some reason it got hot, found out later the water pump was bad and it resulted in a blown ring. Later i brought the boat back to the guy i bought it from and he said he comes across motors all the time and he would take care of me. Now about a month later he says he has a 99' johnson 25 hp he's gonna put on the boat. I went to his shop and the 99' johnson isn't even from the 90's, I'm not sure on the exact model but it's surely from the 80's. After talking to the guy for a bit he admits that he knew the motor that originally came w/ the boat had a bad water pump, and he is now telling me that he told me this before i gave him any money. Now he's going to put the johnson motor on and he expects me to pay the $800 i owe from the previous agreement, and he's going to charge me for the new motor and installment. Now im just really tired of dealing with this guy and I feel like since the beginning he's just been taking me for a ride. If he does want money for the new motor and for the money i still owe him from the bad motor originally on the boat , I'm going to tell him that I just want my $1,500 back and he can keep the damn thing. Since i brought it home it's been nothing but problems. Now i know the type of a guy he is from dealing with him for the past couple of months, and I know he's going to come back with an attitude and he's not going to want to give me any money back. Now my question is, if it comes down to it, should i take him to small claims court? I really don't have much evidence other then my word, the invoice of the originally agreement ( which shows my $1,500 paid), and i have a receipt for the trailor repair. please if anyone has had a similiar experience or any knowledge on the subject i could really use some advice. I just want my down payment back and forget about it.....even though i will still be taking a loss since i paid to fix the trailor, boat registration, boat accesories, etc.
     
  2. Ol Man

    Ol Man New Member

    Messages:
    3,170
    State:
    Illinois
    Judge Judy......
     

  3. Mark J

    Mark J New Member

    Messages:
    9,407
    State:
    Four Oaks, NC
    Who's name is the vessel and trailer registered in?
    If its registered in his I would cut my losses , remember my mistakes ,and move on.

    If its in your name, then its up to him to cut his losses, rememember his mistakes, and move on.

    You could easily spend another 1500 trying to get 1500 back from him and likely you wouldnt get it if you won. You would probally wind up with a judgement.
     
  4. Mac-b

    Mac-b Moderator Staff Member Supporting Member

    Messages:
    19,554
    State:
    North Caro
    Mark, you are one wise man on a lot of subjects. As always, you have nailed the situations for this young man and his problems and your advise should receive due consideration. Mac
     
  5. DANZIG

    DANZIG New Member

    Messages:
    6,672
    State:
    West Virginia
    Did you purchase the boat from the repair shop guy? Or just find it there?
     
  6. DANZIG

    DANZIG New Member

    Messages:
    6,672
    State:
    West Virginia
    Anyway, 1st I would always purchase a used boat with the idea that things such as the water pump impeller and the trailer bearings have been neglected. Because the usually have been.

    If you bought this boat from a biz, you may have a bit of leverage in regards to the biz's reputation.

    Carefully review your memory as to the purchase if you are convinced you were mislead, state your case to the biz and try to negotiate an equitable solution.
    Perhaps, you buy the parts, they throw in the labor for the repair of the 40. Bring a witness and document your attempts at a resolution.

    Or maybe, take the 40 to another shop and deduct the cost of repair from the cash you owe on the deal.

    If you can come to no reasonable and fair solution, make informing folks about the practices of the shop your new hobby.
     
  7. AwShucks

    AwShucks New Member

    Messages:
    4,532
    State:
    Guthrie, Oklaho
    I believe each states laws are different in respect to buying, how long after buying did the problems appear, etc. Maybe you can find an attorney who has a free first consultation, explain the facts, and know just a little more about how to proceed.
     
  8. BIG GEORGE

    BIG GEORGE New Member

    Messages:
    10,362
    State:
    JOISY
    That sucks! Don't the human race just boggle your mind from time to time. Can't give ya any solid advice however. The word "MIDIEVIL" comes to mind.
     
  9. crazy

    crazy New Member

    Messages:
    2,090
    State:
    Kansas CIty, MO
    When you buy used you are going to have to fork over some kind of money some where fixing it up. Sounds like you are about to get into a he said she said argument. I would find another mechanic to fix the motor and finish paying that dude off. Chalk it up as experienced learned.
     
  10. tufffish

    tufffish New Member

    Messages:
    1,196
    State:
    Texas
    most old boats are pretty much used up. the only way to buy a really good used boat is to get one from someone you know or from a dealer that gives some warranty with the boat. otherwise you get into situations like you are in. sometimes its the best buy in the world and sometimes it needs a lot of repair. i have my first new boat ever (i'm 52) and bought it when i was 50. before all boats were used. some were great and some took a lot of work to get good. all caught fish, its just some cost more to get to the fish.
     
  11. odtimr

    odtimr New Member

    Messages:
    206
    State:
    nebraska
    Aaron
    I have always figured buying a used boat is the same as buying a used car. Buyer beware. Unless you got a guarantee in writing it's yours baby. Small claims court varies state to state, but even if you get a judgement in your favor, getting that money is still something, and it doesn't sound like you got much of a case. Verbal agreements and understandings are usually not worth much. Now just go on from here, but remember you do know the true character of this guy now. Luck
     
  12. cubedweller

    cubedweller New Member

    Messages:
    454
    State:
    MO
    If he knowingly sold you a boat with a bad impeller but you didn't ask questions -- there's not much that can be done. Like Mark said, don't go chasing bad money with good.

    However, along with your new hobby of spreading the gospel about this feller, it would be a complete shame for his automobile's door handles to become caked with fresh ...uhm...well, dog poop? Of course, I'm only kidding. :0a30:
     
  13. cook

    cook New Member

    Messages:
    1,494
    State:
    Plattsburg,Mo.(near K.C.)
    That about sums it up.Careful going to court,I think you said you still owe him 700$....Hmmm...cut and run,or get what you can from him and consider it experience.
     
  14. tufffish

    tufffish New Member

    Messages:
    1,196
    State:
    Texas
    if you like the boat and you now have a trailer that will pull around you did not loose everything. the only problem is if the boat has not been transferred to you and is still in someone's name other than you. then you may have to decide if you want to pay the rest of the price to get the boat transferred to you or just take the whole thing back and say i sure learned the hard way.
     
  15. BassMassey

    BassMassey Well-Known Member

    Messages:
    1,883
    State:
    Oconee
    i suppose the whole court deal is a bad idea. the trailor and boat are in my name after i gave him the money down. im supposed to go pick the boat up with the johnson 25 next week. are you guys saying since it's all in my name I can just say to hell with him and not give him anymore money? I don't really want to resort to that, i would rather negotiate some kind of reasonable offer to get the thing paid off. Although i don't feel paying him the rest of the money from the original deal and paying for the new motor plus labor cost is reasonable at all. Hopefully when I go down there we can work something out, I haven't came across with an attitude yet , but he does know that I'm upset with the whole deal. And as far as the 89' 40 horse Tohatsu with the blown ring, he said it would be cheaper to put another motor on the boat. I really do like the boat, and it's perfect for catfishing. I don't want to take a total loss. I appreciate all the replies.....
     
  16. Mark J

    Mark J New Member

    Messages:
    9,407
    State:
    Four Oaks, NC
    If its all titled in your name with no liens against it then I would say you are in the drivers seat, not him.
     
  17. jerry9497

    jerry9497 New Member

    Messages:
    512
    State:
    Tobaccoville NC
    "A boat is a hole in the water you pour money into"
    even if you buy newer, you will pour money into boat, hop ontop of problems with boat now. and every now and then everything goes right at same time. welcome to boat ownership. lol
    another qoute goes something like.... "best not to be boat owner but friend of boat owner." Good luck with purchase problem, water impeller was a cheap and easy fix. a good dealer would have probably replaced that if it had issues before.
     
  18. tkishkape

    tkishkape New Member

    Messages:
    782
    State:
    Gore, Okla
    It's a sad truth, but there are folks out there that have used boats, old cars and the like that will take advantage of someone in order to finally sell the item.

    You have just experienced a very expensive lesson.

    Everyone should benefit from your experience...

    When buying a used vehicle, whether it is a car, boat, truck or motorcycle, always know the reputation of the seller. If the seller is a business, he is more likely to give you a good deal and not hide something simply because he has to stay in business...

    The second thing to do is to take a ride in the vehicle to make sure it will do what you expect it to.

    The third thing to do is to take it to a reputable mechanic (preferrably one you already do business with) and have him check the vehicle out.

    About all you can do now is convince him to give your money back if you can. Simply ask for a refund. If that fails, keep the boat, have it repaired and be sure to tell everyone that you know about your experience and who you did business with. It won't be long until this fellow will be known by the new reputation.

    Taking him to court will only cost you money and time, not to mention the Zantak prescription you'll have to start taking... The court will probably award you with a judgement, but it will still be up to you to collect it.

    Just let it be a LESSON LEARNED and enjoy the boat.
     
  19. Bubbakat

    Bubbakat New Member

    Messages:
    4,532
    State:
    McMinnvill
    Two words come to mind. Water trial--- Water trial
     
  20. BassMassey

    BassMassey Well-Known Member

    Messages:
    1,883
    State:
    Oconee
    i appreciate all the input from everyone..the new motor is now on the boat and after running on the water for about an half an hour earlier i like it runs better then the 40 hp that was on it. goes from reverse to neutral to drive very smooth, and runs wide open very smooth....once it's warmed up it restarted with ease and everything ended up working out. i still owed him 850 from the original deal....he wanted 1,350 w/ the new motor and all.....i said 1,000 sounded more reasonable and that's all it took. so now im only paying about $200 more then the original purchase and I'm quite happy with the way he handled the issue now. I guess i shouldn't have bad mouthed him so much earlier , he ended up being a reasonable business man. I appreciate all the help from everyone here and can't wait to get out on the lake next weekend.