Bill of Sale

[mrrat]

I just purchased a new boat from a dealer in Ontario Canada. I signed the bill of sale and everything was okay. A week later I picked up the boat but the ownership for the boat, motor and trailer had not come to them so I have not got them from the dealer. There is some accessories that are also on order. Today they phone me and tell me they made a mistake on the bill of sale. They say they gave me a $1400 discount they should not have. I can see now where they goofed. Not sure if they can do anything to me if I don't re sign a new deal which they want me too. Has anyone else been in this situation?

 

[dockwrecker]

Re: Bill of Sale

If you can see the mistake, I'd think it unfair to unduly take advantage of it. Karma with a boat is everything and Poseidon will ultimately extract His revenge. Sit down with them and make it right.

 

[iconracing]

Re: Bill of Sale

you sighned the bill thats there fault tell them to suck it

 

[Jeep Man]

Re: Bill of Sale

If they still have the ownership they can make your life miserable. Besides, if an honest mistake was made, then make it right. It's the proper thing to do. A good deal is not always about money.

 

[Stachi]

Re: Bill of Sale

You bought the boat at the price they presented to you. Now they say it is $1400 more. Say Thank You , but I will pass. I agreed to pay this much for this boat , and that's all I was willing to pay for it. If it is not for sale at the price you presented it to me at , then I cannot afford it.
I do not believe you are legally bound to pay the additional $1400, and it is up to them to tear up the contract if you do not wish to spend another $1400 because of a mistake THEY made in their offering price. They want to change the contract , not you...good luck bro...

 

[archcityBob]

Re: Bill of Sale

Common sense says that they agreed to see you a boat at a certain price. You paid and they gave you a receipt (bill of sale.) So you don't owe them anything else AND they still have to provide you all titles.

If you go this route, don't ever take the boat there for service.

Or you could offer to return everything to them and get your money back. Then they are stuck with a used boat.

I have no clue how the legal system would decide this. Probably with you having to pay the $1400 and having to return the boat.

On the other hand you might want to possibly offer to split the mistake for $700. It's your call. Let us know how it turns out.

 

[NYBo]

Re: Bill of Sale

That's a pretty big "mistake." I wonder why neither you nor they noticed it when you signed the papers.

This creates a dilemma only you can decide. Do you really want the boat? I have no idea how your laws may differ from the ones here, but here Stachi's point about not being legally bound to pay the $1400 would be correct. But is it worth burning your bridges with this dealer?

You should be in a position to leverage that $1400 into some goodies for the boat, at least.

 

[Cannondale]

Re: Bill of Sale

I just want to know what new vehicle dealer, be it boat, car, whatever, takes delivery of a vehicle without any sort of title/paperwork for ownership?

The answer is they don't......the paperwork for ownership comes with each car/boat/truck/whatever when delivered to a dealer that sells new vehicles from a manufacturer.

So, the "...the ownership for the boat, motor and trailer had not come to them so I have not got them from the dealer." sound very, very bogus. In all the vehicles I've bought from dealers over the four decades I've purchased from dealers, not once was the ownership for any vehicle not in their hands when I purchased said vehicle, esp. with new ones. The last new vehicle we bought, albeit 8 years ago, we had title in hand two hours after driving onto the lot....as we drove off with the new vehicle.

Add to this situation that the dealer seems unable to do basic math (gave you an untended discount), I'd nix this deal and find a dealer that actually can complete the deal and deliver the same day. Unless this is a one-man operation, the lack of title for the boat on hand, the lack of basic math skills by their sales/finance people, add up to you are possibly in a scam being perpetrated upon you by a less than ethical dealer.

Just sayin'...........this deal is starting to smell like week old fish on the dock, and is quite similar to several new and used car scams out there (such as we can't find the financing fell through a week after you took delivery scam, the selling the vehicle without proper title scam----mostly seen in struggling dealers who use a "flooring agent" to finance the vehicle from the manufacturer due to the dealer unable to directly finance the vehicle from the manufacturer because of credit/cash flow problems. The dealer, upon sale of the vehicle, then pays off the flooring agent, obtains the title, then passes it on to you. But many times, the dealer is almost bankrupt making the use of the flooring agent necessary----most dealers deal with the manufacturer directly with new car financing for their lots/inventory---and then misuse the money paid for the new vehicle and not pay the flooring agent to pay off the loan, making the consumer unable to title the new vehicle. The dealer is usually going out of business soon afterward, unbeknownst to the consumer.....while their money is long gone and left with a vehicle he/she cannot title.)


Find a new dealer.

 

[Fjandy]

Re: Bill of Sale

possession is 9/10 of the law.

 

[produceguy]

Re: Bill of Sale

This deal does sound a little strange.

Quik story of a scam.

My brother was approched by a cop and a guy and the guy told the cop that my brother owes him 600$. The cop tells my brother to just give him the 600$ and he wouldn't take him to jail, my brother said no and asked the cop for his name.
Then the guy tells the cop that my brother was the wrong guy and they walked away.

You never know my friend.

 

[dockwrecker]

Re: Bill of Sale

If you had an agreed upon price, they owe you that. You acknowlege a problem with the contract after further review. Was your contract unduely in your favor? Did you get what you want at the agreed price? My family and friends have spent years in the car and rv business, and sometimes mistakes are made in sales contracts. But again, if ultimately you get the boat for your agreed price, just fix the paper and move on. Dealers for new vehicles sell vehicles via MSO (manufacturer's statement of origin) so it's important to have clean paper from the get go.
If they're trying to ding you for an additional $1400 after the fact, walk. This won't be worth the battle later to try to hold them to the contract nor for them.

 

[Ozdog]

Re: Bill of Sale

I'd have to agree not having the proper documentation sounds fishy.
Personally if I had made a deal signed the agreement and pay the agreed price there in NO WAY I would cough up an extra $1400!

 

[dorelse]

Re: Bill of Sale

At the very least...I'd let them know that you'll be happy to swing by and discuss when your paperwork is all ready. Seriously...get them motivated to get everything right.

 

[jeeperman]

Re: Bill of Sale

I beleive the OP meant the ownership papers have not come back to the dealer in the customers name from the local DMV.
Which I think is Transport Canada.

New vehicles have MSO's (MANUFACTURE'S STATEMENT OF ORIGIN )
Then they get titles from whatever state or province they get registered in.

 

[mrrat]

Re: Bill of Sale

Thanks for all the advice guys. Much appreciated. I didn't want to reply until I had a meeting with the sales manager, which I had. The boat I bought was a Tracker. Apparently they deliver the boats to the dealer first and then send the paperwork after. Most other brands send their paperwork with the boats. The result of our meeting was that he knew he had no legal option and that I held all the cards. Instead of ramming the whole $1400 down their throat I opted to demand a free Lowrance Elite 5 Gold GPS/Fishfinder before I would sign. At $700 my cost it was half way and I feel I was more than fair. He didn't like it but said he will put this behind and thanked me for buying the boat from them. By the way this is a huge dealership and not some fly by night dealer.

 

[dockwrecker]

Re: Bill of Sale

Well done. Glad you were able to make a deal with good karma to follow. Mistakes get made and you've come up with an equitable compromise.

 

[jeeperman]

Re: Bill of Sale

I wonder how the delivery truck driver makes over the boarder without all of the paperwork.

 

[Guest]

Re: Bill of Sale

Well done mate you will now be respected by the dealer for talking WITH the him and not AT him. This will boad well for you in the future as you may have more dealings with them. They will deal fairly with you now as you went there as man and not a crook trying to take advantage of a human mistake.

 

[Brewman61]

Re: Bill of Sale

+1 to the post by boateric. Similar things have happened to me in the past- dealer forgot to collect down payment from me, neglected to have me sign a document that would have cost them (but not me) several hundred dollars. In each case I worked something equitable out. After all, what if the mistake would have gone the other way, and they'd have overcharged you the $1400? When shown the error, would you not expect them to make it right? Even if you didn't have a legal leg to stand on?
This has way more to do with ethical behavior than legal. Assuming of course it was an honest mistake, which in your case seems to be the case.

 

[skyking897]

Re: Bill of Sale

In fairness to the dealer, he is dealing with two different government agencies to register your boat and trailer. First the boat is Federal and the trailer is Provincial. The trailer is easy, just a quick visit to the motor vehicle licencing office, in and out in minutes. They have offices in most every town. Registering the boat can take weeks to get the paperwork. Everything is done in New Brunswick for the whole country. Speaking from experience the federal government moves very very slow.