Dealer from Hell: Opinions Needed!

Ravenquille

Recruit
Joined
Sep 3, 2004
Messages
1
Hi everyone,<br /> I need some opinions on a real mess. On 8/27/04 ( for my birthday ), we made a purchase from a supposedly reputable Dealer, here in PA. We bought a 1980 Godfrey Sanpan Catalina ( 20ft pontoons/18ft deck ). It came with a 1985 Johnson 50hp, and a 1984 single-axle EZLoader trailer, 2,000lb capacity. <br />The deck/carpeting, sides/railing, seats/upholstery, console, aluminum bimini-top frame and canvas cover all in excellent condition.<br />Engine is ok. The trailer has been greatly modified from the original small-roller type which was built for a 16ft boat; although the capacity is ok. Rails with covering have been adapted to it; rollers all removed. <br />They were going to sell this with NO straping of any kind to secure the boat to the trailer ( we brought our own ratchet straps; 2 for each pontoon ). They were going to sell it with 'noisy bearings'; we insisted that they do new bearings and replace a missing cap ( which they did ).<br />We asked many questions about the overall condition, seaworthiness/readiness, of the boat, the engine; as well as the safety/condition of the trailer. We were told that everything had been gone over/checked out and was fine and ready to use. We were told that a comprehensive checkover would be done on boat, engine and trailer before we actually removed it from the lot. We paid cash for it on 8/27/04.<br />( I am a Paralegal, and did much research on the boat, engine and trailer; contacted Godfrey and EZLoader, and had a general manual sent from Godfrey, and the trailer specs/schematics faxed from EZLoader. We bought a manual for the Engine. We do all our own work on anything and everything; my husband is skilled in all forms of mechanical, electrical, as well as all types of construction/installation....no problem for any repair or refurbishing project. )<br />Here is where it gets disgusting:<br />We picked it up on 9/3/04. They did an engine test with a hose setup, for us to see. ( Said it had been tank tested as well. ) They demonstrated the usual operative stuff and tried to sell engine oil/spare gas tank/and just about everything else ( a bit annoying: very pushy ). They made a big deal of telling us that they went out of their way to put 2 new hinges on the Console compartment. <br />1) We wound up having to buy a 6ft section to add into the trailer wiring harnass ( in submersible light kit they sold us, and pre-measured for the day we bought the boat ). They waved this all off as just a mistake in measurement: no big deal.<br />( This annoyed my husband.)<br />We left; transporting about 25 miles or so. )<br />2) The safety chain ( they checked and assured to be just perfect ) snapped off just as we backed into our driveway. ( We have a new heavy duty one on hand ).<br /> ( We got up on it to check things over )<br />3) The Trim Gauge had been removed from the Console! ...and a sloppy job of it too. ( My husband and I both saw it on the day we bought the boat. )<br />4) While leveling the boat/trailer for stability in the driveway, my husband discovered that there is ALOT of water in both pontoon tubes ( heavy aluminum 19"/20ft ). There is no drainage plug. There is SO much that it could not be from condensation. ( This was never mentioned; and we didn't think to shake the boat wildly when we were looking at it, or when we picked it up! )<br />5) I went over our copies of the PA Applications for Boat Registration/Title, and Trailer Title/Registration ( and the sales slip ) and compared them. There are alot of discrepancies and errors. Illegal/modified trailer for one thing ( which would mean that we would have an illegal PA Trailer Title and an illegal PA Trailer Registration; technically. ) PA does not require inspections of a trailer under 30ft/3,000lb capacity; however.<br /><br />I called the Dealer today ( Saturday 9/4/04 ).<br />I told him that the Trim Gauge was removed and asked him why they removed it.<br />He told me that there had never been one on the boat; that they had not removed anything.<br />I told him that both my husband and I had seen it; and that it was there after we paid for the boat on 8/27/04. ( Which means that it came with the boat, and I paid for it. ) He continued to deny this.<br />I told him that there was water in both Pontoon tubes.<br />He told me that it is normal; is from Condensation, which builds up over time, and I should open the drain plug to drain them. <br />I told him that there is no drain plug.<br />He proceeded to launch into instructions of how I can install them, and drain the pontoons; and then test them. <br />I told him that it could not be from normal Condensation, as it is ALOT of water.<br />He said that he was not aware of any water being in the Pontoon tubes.<br />I said that it would have been impossible for anyone who moved, or checked the boat, to not be aware of this fact; as it can be both felt and heard!<br />I told him that since he told me that there were no problems with the boat; he would have to check and correct this situation, and replace the Trim Gauge/wiring which was removed.<br />He told me that, as he was not aware of either situation, he was not responsible to do either.<br />I said that I would be willing to work with him:<br />he could either do what I requested, OR he could refund my money in full.<br />He said: "Nope. It's never gonna happen."<br />I made the request politely one more time.<br />He repeated his remarks; with more cockiness this time.<br />I told him that he had until Tuesday to make up his mind which he wanted to do; or deal directly with my Attorney.<br />He laughed and told me to 'just forget that, and just have your Attorney contact us".<br />( Now furious, I said: "Fine. I guess your're done then! )<br /><br />This purchase was not listed on sales slip as 'as is'. All was assured to be 100% checked, in perfect working order; safe, and ready to transport and use.<br />I don't really think I would trust them to do any further checking, or repairing.<br /><br /><br />Besides 'venting'; I need some opinions on what you would do in this situation.<br />Would you check, drain, and repair the pontoons yourselves?<br />Would you have the pontoons, engine and trailer checked out by another Dealer/Service Center?<br />Would you just get new Pontoons?<br /><br />Thanks,<br />Ravenquille
 

kelwendee

Seaman Apprentice
Joined
Jul 29, 2004
Messages
38
Re: Dealer from Hell: Opinions Needed!

Just my opinon,<br />frist i guess it would depend on how partial I was to the boat. and if I paid fair market value, with the assurance of the safty and opertional quality of the boat given, was that in writing? as a paralegal you should have know to have that included. if so you got them by the short hairs as you already should know. if so, maybe have a REPUTABLE dealer do a safty/operational check and show the original seller dealer the result. Im sure as with a used car the same rules should apply. its spelled out in the contract. you cant expect a brand new 1980 boat in 2004? theres always gonna be something somewhere wrong.<br />If I were real partial to the boat and as mechcally inclined as you state your husband is, I think I would give those pontoons a VERY, VERY good going over. make sure there is NO damage/stress fracture in the welds.{leaks}<br />put the drains in cause sounds like they need them for condensation anyway. and then or prior to puting the actual drains in, Id take her back and show the dealer the missing trim guage and sloppy job of removal and see if they would replace that. But I got this feeling that you have already irrked them and they may say that it must have came up missing after you took her home. By the way paralegal, if you both noticed the guage gone when you were picking her up why dident you just talk to them right then about it.I know I would have.<br />hopefully they will make good for. Be twice as polite and try again, you can always go civil if you are not satisfied and your paper work is in order.<br />gooood luck
 

JB

Honorary Moderator Emeritus
Joined
Mar 25, 2001
Messages
45,907
Re: Dealer from Hell: Opinions Needed!

My suggestion: Don't argue the case with anybody. <br /><br />Explain it all to your lawyer and ask his/her opinion. If (s)he says sue, then do so. <br /><br />If (s)he says your case is weak, fix the 'toon and write it off to sad experience.<br /><br />Good luck. :)
 

Winger Ed.

Chief Petty Officer
Joined
Mar 24, 2004
Messages
649
Re: Dealer from Hell: Opinions Needed!

Seems you've burned your relationship with the dealer. <br /><br />Typically, boat dealers don't like trade ins. Used boats are a big pain for them, and they don't make much money on them. They try to get them out & off their lot as quickly as possible without taking a loss on the whole trade in deal where they got it from in the first place. <br /><br /><br />That being said-<br />I can see one of 2 options:<br /><br />1.<br />I wouldn't try to do the lawyers work for them. <br />If you're going to get a lawyer and sue--- let them earn their money. <br /><br />(No more serious than the problems with the boat are,, I can see about $100 or less worth of parts and a couple hours labor to fix everything- On the surface, it doesn't look to be worth the time & trouble even if you win.) <br /><br /><br />2.<br />Fix the 3-4 things yourself one afternoon, and go enjoy the boat.
 

Elk Chaser

Petty Officer 2nd Class
Joined
Jul 29, 2003
Messages
186
Re: Dealer from Hell: Opinions Needed!

The phrase that comes to mind is........<br /><br />"Buyer Beware"<br /><br />Not real sure about the laws in PA but normally when purchasing a used boat or car unless you have an expressed written warranty or guarantee you are stuck with what you bought. <br /><br />It's that simple, verbal agreements mean absolutely nothing these days in court when it comes to this sort of thing.<br /><br />Think about it, your costs for repair will be relatively low compared to what a lawyer is going to cost you, is it even worth it.<br /><br />If you do have an expressed written guarantee then by all means, go after the dirt bags.
 

Realgun

Commander
Joined
Jul 31, 2003
Messages
2,484
Re: Dealer from Hell: Opinions Needed!

Ravenquille, Welcome to iBoats!<br />Your best course in this transaction is to just live with the purchase. Sure you can sue in small claims court and you MIGHT win. Is a 100 dollars worh it? Just make sure you send a letter to the guy stateing you want two drains for the toon or you will tell ten friends NEVER EVER buy a boat from them.<br /><br />They make thier living by praying on ignorance.<br />They will go outa business if they keep it up long enough.<br /><br />The deal is, on a toon, you really dont need a trim guage. Feel works so much better. As to the logs check them well and install the drain plugs and then enjoy your new toy.
 

Sean Riddle

Seaman
Joined
Aug 12, 2004
Messages
50
Re: Dealer from Hell: Opinions Needed!

My Mom always told me to "Kill 'em with kindness"!!!!! My suggestion would be to do nothing more than that. You and your hubby address the problems at hand and correct them. Get her good and seaworthy and before heading to the lake stop in at the dealership and ask the "Richard Cranium" :D if he would like to go out for a nice day on the lake in the great boat he sold you!!!! Nothing would hurt this guy more than to see you and your family enjoying this boat. See, He sold you that boat thinkin you would never be able to use and enjoy it....... Prove him wrong!!!! And just remember , God has a special place waiting for people just like the one you described above :eek: .... Hope he enjoys that money!!!! Hope this helps, RR
 

dajohnson53

Lieutenant Commander
Joined
Apr 28, 2004
Messages
1,627
Re: Dealer from Hell: Opinions Needed!

If it were me, if they didn't make the trim gauge and water issue right without a lot of fuss, I wouldn't fight it. I'd just avoid doing business with them in the future, tell my friends about them, and let the company know all of this. They'll act like they don't care, but they'll be losing a lot more business (probably from you alone) than it would have cost them to fix your minor problems.<br /><br />And I do think the problems are minor. The trim gauge, as someone pointed out, isn't really necesary. You can get a blank gauge cover to fill the hole. If you want the gauge, it's a really easy DIY (speaking from experience). If the motor has a sender that works, installing the gauge is about 1 hour and $25. If the motor doesn't have a sender, or it doesn't work, you're getting into the 1.5 hour and $75 range.<br /><br />As for the pontoons- can't advise you except to say I can imagine installation of drain plugs should be pretty straight forward and easy. If it were me, I'd go to a different boat shop and ask advice and buy the parts there.<br /><br />Hey, good luck. Assuming all this stuff is not really "serious", just enjoy the boat - and punish the guy by avoiding him in the future.
 

Mahoney

Chief Petty Officer
Joined
Aug 2, 2004
Messages
537
Re: Dealer from Hell: Opinions Needed!

As frustrated as you are, I agree, go enjoy the boat after fixing the issues yourself. One thing I would do, that takes absolutely minimal time on your part is file a grievance with the BBB. I have done it a couple times in the past, not with marine dealers, but you will be suprised.<br /><br />One day you will get back from a day on the water, and there will be a letter from the BBB informing you they are actively folowing up. Seems you have done all that is required on your part to make the issue right, let them worry about it.<br /><br />Maybe not all the revenge you would like, but its free, and people do check those reports from time to time. No Business likes complaints that are public.
 

BR549

Petty Officer 3rd Class
Joined
Aug 18, 2002
Messages
87
Re: Dealer from Hell: Opinions Needed!

I'm with Mahoney - really not big problems for a 20 plus year old boat. Reward the dealer for his rudeness - document everything with pictures and do the repairs yourself. Then send a letter to the BBB and any local TV station and cc the dealer. Bottom line you bought an old boat, but that is no excuse for the dealer to act that way. As for your pontoons - most likely a loose rivet or two, check around the spray fins. My old pontoon has leaked for as long as I can remember - the drain plugs are a low cost quick fix.
 

rogerwa

Commander
Joined
Nov 29, 2000
Messages
2,339
Re: Dealer from Hell: Opinions Needed!

Just a couple of points here..<br /><br />First, buying a boat without a water test is buying an unknown. A barrel test will not replicate the boat under power. If it does not perform to your expectations, don't be surprised and you can't blame the dealer. <br /><br />Second, Whenever I buy something large like this, I always do a predelivery inspection. I look it over before driving away. Exactly for these reasons. I just bought a brand new Suburban and went over it from top to bottom. I happened to find a very small chip in the paint. I had them repair it and put a note on the purchase agreement in case I ever had a problem with it. Buyer beware.. assume they are trying to sucker you.<br /><br />Third, the guage would have been found on the pre-delivery inspection. That being said, a pontoon does not respond to trim like a regular planing hull. What you need to know is that it is up (tilted up) or down. The rest does not matter.<br /><br />Fourth, Water in the pontoons. Put the drains in and be done. This may have occurred from overloading and the water coming in through the vents on the top (it should have vents somewhere on the top of the tubes). If they leaked, it would leak out the same hole when out of water. If there is a leak and it doesn't drain when out of the water then it would need to be close to the waterline.<br /><br />Fifth, if the trailer is illegal, you have recourse to pursue. They can't really deny that one. This may be the way you recoup any losses you have already incurred.<br /><br />I learned these lessons the hard way as my first boat was a pontoon that I did not do the things I listed above and ultimately did not get the deal I thought I did. I still sold it for a slight profit after refurbing it though.<br /><br />Good luck and just enjoy it..
 
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