Bought boat, paid for it, dealer files for bankruptcy

Santa

Cadet
Joined
Apr 15, 2010
Messages
6
Re: Bought boat, paid for it, dealer files for bankruptcy

UPDATE - The dealership's owner just called me back and said that the boat is still there, waiting for me, there are no problems.

Needless to say, I'm rushing out to go get it, although it's a 20 hour drive!
 

airdvr1227

Lieutenant Commander
Joined
Jul 15, 2009
Messages
1,666
Re: Bought boat, paid for it, dealer files for bankruptcy

Good for you....now go get that rig!
 

ajgraz

Lieutenant Commander
Joined
Mar 1, 2010
Messages
1,858
Re: Bought boat, paid for it, dealer files for bankruptcy

Call them before you leave and get them to agree to a 2-hour window when you want someone on site to give you your boat.

When you're about 10 minutes away from the place, call and tell them you'll be there in about an hour.
a) You'll know if they are in before showing up.
b) They'll think they have plenty of time to pack up and skip out, when they really don't.

(When you get there "early," just say traffic was lighter than you thought or something like that)

If no one is there, or they do skip out, then find the sheriff.
 

Gary H NC

Fleet Admiral
Joined
Dec 1, 2005
Messages
8,972
Re: Bought boat, paid for it, dealer files for bankruptcy

Good news! I would be there when the sun comes up in the morning!
Get the boat hooked up and get out of there.
Then find a secure hotel and get some sleep!

Where are you driving from?

Have a safe trip!
 

Nandy

Commander
Joined
Apr 10, 2004
Messages
2,145
Re: Bought boat, paid for it, dealer files for bankruptcy

Call them before you leave and get them to agree to a 2-hour window when you want someone on site to give you your boat.

When you're about 10 minutes away from the place, call and tell them you'll be there in about an hour.
a) You'll know if they are in before showing up.
b) They'll think they have plenty of time to pack up and skip out, when they really don't.

(When you get there "early," just say traffic was lighter than you thought or something like that)

If no one is there, or they do skip out, then find the sheriff.

Lol! Are you for real? The guy just yold him to go and get his rig. You are all worrying about a problem that don't exist until some tell the op he can't get his rig. Talking about making a pool out of a puddle...
 

Don S

Honorary Moderator Emeritus
Joined
Aug 31, 2004
Messages
62,321
Re: Bought boat, paid for it, dealer files for bankruptcy

Come on Nandy, you know as well as I do, if someone askes what time it is in SanFrancisco at 5 PM pacific time today, before it's over we will have time explained in general and detailed, by anyone and everyone that has any kind of opinion, right or wrong.
 

roozter2550

Petty Officer 3rd Class
Joined
May 14, 2009
Messages
92
Re: Bought boat, paid for it, dealer files for bankruptcy

Wow. Lots of advice given from people who have no clue. I don't think any of it would make your situation worse, but contacting the sheriff seems kind of silly.

Chapter 11 bankruptcy does not mean the place is out of business. Read this:



Quote taken from http://www.uscourts.gov/bankruptcycourts/bankruptcybasics/chapter11.html

Chapter 11 is the same bankruptcy that most of the airlines, such as Delta, went through a few years ago. They keep operating, but are allowed to restructure and maybe writeoff some debts.

With that being said, head on over to the dealer and talk to someone there. It will calm your nerves. However, there is no need to call the sheriff or go to court.


I suggested calling the sherriff and explaining the situation before driving to pick up the boat to avoid any conflict or possibe trespassing.
The sheriff could also check the location to verify whether anyone is there during business hours before making a road trip.

I didn't say go to court...I said that the filing is public record and the op could get a copy from the clerk of courts. All assets and liabilities would be listed and his boat may or may not be listed since he has already paid in full.

I should have been more specific.

All is well though, glad to hear that the new boat will soon be home.
 

bomar76

Lieutenant Commander
Joined
Jun 27, 2002
Messages
1,963
Re: Bought boat, paid for it, dealer files for bankruptcy

Asking for legal advice on a boating forum is like ordering spaghetti in a chinese restaurant.
 

Summer Fun

Banned
Joined
Mar 2, 2002
Messages
2,251
Re: Bought boat, paid for it, dealer files for bankruptcy

Asking for legal advice on a boating forum is like ordering spaghetti in a chinese restaurant.
Now thats funny !!.
20.gif
 

bhammer

Ensign
Joined
Mar 29, 2008
Messages
963
Re: Bought boat, paid for it, dealer files for bankruptcy

Asking for legal advice on a boating forum is like ordering spaghetti in a chinese restaurant.

Ahh says the blind man... that is why my spaghetti wasn't correct at Ming's. :)
 

solar7647

Lieutenant Junior Grade
Joined
Apr 23, 2009
Messages
1,218
Re: Bought boat, paid for it, dealer files for bankruptcy

I have to say that I feel all the suggestions are good ones....there really isnt any thing that can be considered over doing it or making a pool out of a puddle in a situation in witch shelling out prob well over 15k (considering it is anything but a small fishing boat) turns into a crap shoot after money is exchanged. Every ones know how scams are all over the net.

Any ways I am glad to see that your situation has had some light shed on it. I would still recomend haveing the number for local law enforcment just incase and all your paper work in order.

So I hope all goes well with the pick up and you get a fun and safe summer on the water!!
 

ftl900

Petty Officer 2nd Class
Joined
Aug 6, 2009
Messages
157
Re: Bought boat, paid for it, dealer files for bankruptcy

C'mon, I just checked back in hoping to see some resolution on this!! I was really hoping to read the good news that you got your boat and had it parked in your driveway!!
 

pmillar

Petty Officer 1st Class
Joined
Sep 23, 2009
Messages
298
Re: Bought boat, paid for it, dealer files for bankruptcy

At this point it's not so much the dealer you need to be concerned with... it would be the lender as mentioned previously. If you have the title, no sweat. If not (and the laws vary from state to state) you could have a battle if the dealer inventory were repossessed. It sounds like you're ok but it's still a good idea to get it into your driveway ASAP.

BTW, I work for a commercial finance company that provides inventory financing... not our marine division (I'm in the tech side of the business) but your boat is/was certainly collateral for a lender. The lender will want the boat if they haven't been paid. (although they may not have rights to it if you own it free and clear prior to the BK filing.)

Go get it and good luck.
 

vicman

Seaman Apprentice
Joined
Nov 9, 2009
Messages
33
Re: Bought boat, paid for it, dealer files for bankruptcy

I pass by that dealership everyday on the way to work. Unless he is hiding it somewhere, every boat visible from the highway is gone! Hope yours is tucked away, maybe inside.
 

Summer Fun

Banned
Joined
Mar 2, 2002
Messages
2,251
Re: Bought boat, paid for it, dealer files for bankruptcy

every boat visible from the highway is gone!
Its not looking good for Santa. I hope it is inside this could turn ugly real quick. :eek:.
 

boatless4now

Cadet
Joined
Apr 13, 2010
Messages
12
Re: Bought boat, paid for it, dealer files for bankruptcy

This is a point driven right right in my back yard that is still bad memories. Although it wasn't a boat it cost me twice as much when I paid for it and never got it. Lesson's learned regardless of who I am dealing with if I go looking and like what I see I take it with me or I don't plan to go back. I haven't ever paid without seeing my item in person since that time and based on your bad luck I will have to consider adding dealerships to my list of watch your back. It too bad the the good folks have to pay for the bad of so few. Sorry that you got stung and sincerely hope that you have good luck getting your boat.
 

kenmyfam

Supreme Mariner
Joined
Aug 10, 2006
Messages
14,392
Re: Bought boat, paid for it, dealer files for bankruptcy

Asking for legal advice on a boating forum is like ordering spaghetti in a chinese restaurant.

Now that's funny :D
Scary stuff though, hope it all works out for the best.
 

H20Rat

Vice Admiral
Joined
Mar 8, 2009
Messages
5,204
Re: Bought boat, paid for it, dealer files for bankruptcy

had a somewhat similar situation with an old trihull I had in for engine repair. The mechanic/dealer was doing all kinds of shady things, selling peoples engines to other customers when they came in for repairs, then filing for insurance, etc... Anyway, he gets locked up, while my boat is in his yard. His yard was obviously locked up, except for one back gate that I used to retrieve my boat. (he hadn't touched it yet in anyway thankfully!) Get a call from a deputy sheriff later saying that we can't take that boat, it is now part of evidence and will be sold in the collections proceedings! (He owed ALOT of people money!) They apparently had an inventory at some point when they locked the yard and noticed a boat was now gone, but they had no idea if I had taken it or if it was actually stolen.

Asked his name, and then told him he was more than welcome to come and get it, and make sure to bring the report so we can file for a stolen boat at the same time he is stealing it.

After that, he said to expect a call from Sergeant so and so... Called the county sheriff himself, explained it, and never heard another word on the matter.
 

NYBo

Admiral
Joined
Oct 23, 2008
Messages
7,107
Re: Bought boat, paid for it, dealer files for bankruptcy

Asking for legal advice on a boating forum is like ordering spaghetti in a chinese restaurant.
Um, haven't you ever heard of lo mein?:D

Well, Santa, we're all waiting to hear how you made out.
 
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