and I haven't even got it into the water yet!

[hoboat]

Here's a truth is stranger than fiction story. I bought a new boat at the annual boat show in March. 18 1/2 ft Glastron GT185 with 135 HP Volvo Penta, blue, XL pkge. Dealer is about 120 miles from my home and said he would deliver. Couple weeks ago he called to say boat was ready. My wife was home and signed for it. I got home - wrong boat, no XL package. Called dealership, not very happy. Next day, sales guy arrives with another new boat, this time with XL pkge and upgraded trailer. He drives away with old (new) boat, leaving my wife and I happily lounging in the new boat in the driveway. Soon after I raised the engine cover - wrong engine. He gave me a 190 hp Penta. After a very brief discussion with my wife whether I should tell the sales guy or not (I lost that one in the interests of staying on good terms with karma, setting example for kids, doing the right thing, etc...) I called and told him. After all this he tells me that he now can't get the boat I ordered and can only get me one in yellow which my wife doesn't want (I am colorblind but she is particular about this) and tells me that the 190 will cost another 2 grand.
Anyway, in addition to telling my story, I would appreciate opinions on which engine I should get, the 135 (I would get my $$ back and go to another dealer) or pay the extra 2 grand for the 190 HP. Much as the sales guy is a twit, the boat is still a very good deal. Thanks

 

[QC]

Re: and I haven't even got it into the water yet!

Boat dealers are subject to the same laws as car dealers. I don't know what they are in your state, but I would tell him you're keeping it and that you're not paying a dime more. Fact is he sold you something he didn't have and then delivered you something for $2K more. That is not OK and probably illegal . . .

 

[Reel Poor]

Re: and I haven't even got it into the water yet!

It sounds to me like you already bought the boat at and agreed price. If he wants it back sell it to him for an extra 1000.00 dollars for expences you incurred in the purchase. I believe all your paper work would show that you own the boat that is in your yard.

 

[Steelheader99]

Re: and I haven't even got it into the water yet!

Boat dealers are subject to the same laws as car dealers. I don't know what they are in your state, but I would tell him you're keeping it and that you're not paying a dime more. Fact is he sold you something he didn't have and then delivered you something for $2K more. That is not OK and probably illegal . . .

This is ABSOLUTELY correct. I bought my wife a Grand Prix GXP with 4% financing. The dealership calls 2 weeks later and said they made a mistake. The special financing ended 4 days before we financed our car. The business manager asks, "So, when can we have you and your wife come down and sign for the new interest rate (5.5%)?" I told the guy, "Uhhh, never. You made the mistake. I didn't. I signed a legal contract (such as the bill of laden you signed at delivery) for the 4%, and I elect to keep it that way." The guy said, "That's what I figured, but I had to try. Enjoy your new car."

Once you took delivery and both parties signed, it's yours. It was on them to figure out if they screwed the pooch, not you. If they made the mistake , then they have to live with it. I'd keep the boat if I were you. You are not doing anything morally wrong in my opinion. Chalk it up to that "good karma" and enjoy the boat.

 

[Steelheader99]

Re: and I haven't even got it into the water yet!

It sounds to me like you already bought the boat at and agreed price. If he wants it back sell it to him for an extra 1000.00 dollars for expences you incurred in the purchase. I believe all your paper work would show that you own the boat that is in your yard.

Agreed! I'm sure that the contract you signed has the Hull number of the boat on it. Or it should have. If so, you bought the boat they delivered a the price you agreed upon when you signed the contract...The boat is yours my friend. Again, I encourage you to keep it and tell the ditsy salesman to take a hike. Especially since he can't deliver the exact boat he promised to begin with.

 

[kenmyfam]

Re: and I haven't even got it into the water yet!

Keep it and enjoy. If the ownership and identification numbers match the paperwork that was signed then I would say it is your boat. What would have happened if you did not check the motor and just taken it out for a ride ??? Obviously you can tell the difference in motors but someone else in the same situation may not know the difference and trust that the dealer knew what he was doing.
Did you secretly want the bigger motor when you ordered or not ???
One of my neighbours finally talked his wife into a new boat about 7 years ago. When it came to motor choice he wanted the biggest one available and she wanted the smallest one available to save money. Needless to say they ended up with the smaller motor choice and both of them have regretted their decision ever since, especially when they have all the family aboard.

 

[tashasdaddy]

Re: and I haven't even got it into the water yet!

in Florida, they agreed to deliver the boat. can't get it they have to give you the upgrade free. you will also be must better off with the V6 190. and it won't burn as much gas at the the same speed as the 4 cylinder. it's your boat. just an all round better combination. your wife will be happy when it comes time to resell, as it will bring a higher price, than the under power 4 cylinder.

 

[hoboat]

Re: and I haven't even got it into the water yet!

Thanks for the advice everyone! I live in Canada but I am sure the laws are similar but I will call a lawyer anyone.

 

[studlymandingo]

Re: and I haven't even got it into the water yet!

A similar situation happened to me with an automobile purchase just a few months ago. I traded in my old pickup for an '07 Silverado, we made the deal, I signed the paperwork, and then drove the new truck home. The following week the finance manager calls me and says they had made a mistake on my trade-in and I owed a balance of $860; I said I thought we had already taken care of the financing and everything was complete. The finance manager tells me that the financing end is complete but the used car manager made a mistake and had overvalued my trade-in, they had to wait out my 3-day recision right before my trade could be taken to auction which is why it had been over a week before they were contacting me in regard to the matter; I was supposed to write the dealership another check. I told the guy that I didn't remember anyone telling me that the offer on my trade was contingent on the selling price they received at auction, he responded "well technically it isn't" to which I replied "oh OK, thanks for calling"; he then asked when he could expect me to be in with a check, to which I replied "UMMM, Never!"​

 

[Texasmark]

Re: and I haven't even got it into the water yet!

Let's back the truck up folks.

The guy "delivered this boat to you" and took back the other one "after you informed him that he was in error" as to the purchase order.

The fact that he brought it to you, after you indicated that they had made an error, and he didn't get it right this time is his fault.......I think in legal terms they call it negligence; which they can be proven to be liable. Like you'd think that after they screwed it up the first time that they would double check the second time to get it right.

Looks to me like you saved $2k on the upgraded engine, compliments of the dealer for not coming through with your original order, under agreed terms, in the first place. Besides if he had it on the lot, he probably bought it at a discount in a "lot of boats" and got it cheaper than he would have on a special order (like for you)......so he is probably out nothing and the salesman is just sucking on you.......like a parasite.

Lawyers sometimes give you the first visit free. Looks like a good candidate.

Mark

 

[Steelheader99]

Re: and I haven't even got it into the water yet!

Thanks for the advice everyone! I live in Canada but I am sure the laws are similar but I will call a lawyer anyone.

I am sure you just got some good karma sent your way with this purchase. Especially if you have the contract with the HIN on it, and it's signed by both parties.

"...Looks to me like you saved $2k on the upgraded engine, compliments of the dealer for not coming through with your original order, under agreed terms, in the first place..." Texasmark, you hit the nail on the head.

 

[jd_1598]

Re: and I haven't even got it into the water yet!

Hoboat,

I think you did the right thing by calling and telling the dealer that they had made a mistake on the first boat.... you asked them to justify their mistake ....and they did. Then they delivered the wrong boat a second time??? I think you tried to gave them a chance to fix the mistake, so I would say enjoy your new boat as is.

Jim

 

[diaric]

Re: and I haven't even got it into the water yet!

let us know what the lawyer had to say. who did you order the boat from, i may want one lol

 

[massboater]

Re: and I haven't even got it into the water yet!

Whos the dealer i want to get a deal like that

 

[vess]

Re: and I haven't even got it into the water yet!

I think you are missing the point of his question- he wants to know if he should pay the extra 2G for the bigger engine or go somewhere else to get the same boat as this dealer no longer has the smaller engine available. He already stated that he was trying to do the right thing as a moral issue, not a legal one. Of course he can keep what he signed for legally, but it sounds to me like he wants to do the right thing as an example to his kids, etc. I agree that salesmen sometimes are idiots, and justifying keeping it now is easy to do, but he wants to live with himself after the sale. Someone has to pay for that mistake- I guess it is easier to let the dealer absorb it than cough up the cash.

 

[QC]

Re: and I haven't even got it into the water yet!

vess,

I tend to agree with you, but he already tried to make this work. He has given his kids the right lesson and he has an opportunity to teach them another: Don't get ripped off. This is what the dealer does, they deliver boats under an agreed contract. With that comes responsibilities too, yes some of those responsibilities are also moral. They must get it right. Also, delivering something higher than the agreed price is one of the biggest no-nos in the Auto/boat dealer business. You simply cannot do it.

 

[tmh]

Re: and I haven't even got it into the water yet!

hmmm...I'm not sure about this one, from a moral standpoint. It IS the middle of June and you're still not on the water! That's a big screw up on their part. $2k for the engine upgrade, well they shouldn't make a PROFIT on the upgrade, so let's say $1500 "cost" difference to them.

Now, what about service? Will you be going back to them for this?

Not sure what I'd do, but maybe I'd offer them something like $1,000 for the upgrade, as it IS a "real" upgrade you'll benefit from (a bit more gas usage though). IF they are anything but very appreciative, I'd say forget it and not pay a dime.

 

[tommays]

Re: and I haven't even got it into the water yet!

In the big PICTURE this dealer is FUBAR

(How bad can you be to deliever the wrong boat twice )

And from what they say so far they will try to get even at some point in time


Every new boat has problems that will need to be corrected buy the dealer at this point you and the dealer are NOT on good terms


Tommays

 

[Steelheader99]

Re: and I haven't even got it into the water yet!

So what's the latest hoboat? Any word from an attorney, or the dealership? Enquiring minds want to know.

 

[hoboat]

Re: and I haven't even got it into the water yet!

I think this story has a happy ending! To make a long story short we settled at $1000 difference. Canadian law is different from US, my lawyer friend told me, and he said it was best to negotiate. I also called a few dealers in US and Canada and after running the numbers the deal I was getting, including the extras (cover, jackets, upgraded trailer, etc) was too good to pass up even with the extra grand. Had it out a few times and lots of power, not bad for fuel. Also, there are a couple Glastron/Volvo dealers close to where I live so I'm not concerned about service. Now if only the weather here would smarten up (huge thunderstorms nightly, tornados, Red River is so high the boat launches are closed) all would be great!
Thanks everyone for your thoughts and opinions!
Andy