Is there any law that will help??

bsh21wash

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I bought a 1991 Seaswirl 190 OMC Cobra from a dealer less than 30 days ago, Had the boat out for the third time and the engine "pops" and wont go over 3000rpms also with blue smoke coming from the back. Is there anything I can do?
 

tashasdaddy

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Re: Is there any law that will help??

have you contacted the dealer, was there any warranty on the boat, in writing. did you test run it? did you ask to have a mech check it out? each state is different on the lemon law. in Fla, it doesn't cover boats.
 

JRJ

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Re: Is there any law that will help??

Apparently you don't have a warranty? What's your dealer's take on the problem? I repowered my 1990 Seaswirl OB in 2003 and am still enjoying the boat.

My guess is a re-build for you would cost less than a lawyer.
 

bsh21wash

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Re: Is there any law that will help??

I did test run it, worked great, A tech did a full service on it before I bought it. I belive it was buy as is? I have to go over the paperwork again when I get home. I thought there might be some kind of law within 30 days.

Roughly how much would I be looking at for a rebuild?
 

dirtyoldman

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Re: Is there any law that will help??

There may some law, but unless you have a warranty I don't see why this is the dealer's fault. Do you think they tricked you or something?

Presumably you had this checked out by some mechanic, or looked it over yourself. It wasn't doing anything funny then, or they would have fixed it themselves. So, they sold you a 15 year old boat which broke. You bought it and had bad luck. It's time to fix it. That's the way these things work.

I'm not trying to be rude, but I think you are looking for someone else to pay when it's your boat and your responsibility to fix it.
 

bsh21wash

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Re: Is there any law that will help??

Well I dont think it's right for them to sell me a boat for $6000 thats just going to break down on me in less than a month. There tech went over it and said it was good. They came back to me saying there service manager found that it had a bent prop shaft ( this is prior to the engine problem) and charged me another $500 for that.
 

jedimaster

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Re: Is there any law that will help??

WIth cars some states and counties have lemonaid laws, not sure how that relates to boats.
 

tmh

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Re: Is there any law that will help??

I'm confused, WHEN did they mention the bent prop shaft, before or after you had purchased it? Either way, I'm not sure how they can "charge you" for it, but maybe i'm missing something.

This is why you should hire a mechanic to check it for YOU, not their guy! Also, I'd never buy one used without a 30 day (at least) warranty just in case there is a major problem like this. IF they felt it was a sound engine, why not stand behind it fir 30 days? Because you didn't negotiate it....THAT'S why!!!

It's hard to ever find out if they knew of any such problem OR it was just "something that happened" that they had no knowledge of at all. Could be they made the deal fair and square and luck bit you in the ......

I'd still discuss this with them ASAP. Maybe they will help you out as sort of an "implied warranty" or whatever. Maybe they can at least contribute their profit from the sale into helping you get it fixed. Who knows. I'd be darn sure to approach them as a sorry luck case than screaming and yelling "You ripped me off"! 'Cause if they WERE on the level in the deal, they'll make darn sure to not give you ANY help if you accuse them of cheating you.

Let us know what comes of it.
 

bsh21wash

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Re: Is there any law that will help??

What happened was I put a $500 deposit down on the boat. The cost at first was $5500. The tech had already givin the ok saying it was fine, I signed the papers set at $5500. When I talked to the sales guy the next time, he said that the service manager had noticed there was a bent prop shaft, he gave me the option of getting my money back or forking over another $500 for just parts; they said they would take care of the labor. So I ended up paying $6000 minus tax
 

Solittle

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Re: Is there any law that will help??

Any clue on why you have blue smoke? It may or may not be a big deal.
 

studlymandingo

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Re: Is there any law that will help??

What happened was I put a $500 deposit down on the boat. The cost at first was $5500. The tech had already givin the ok saying it was fine, I signed the papers set at $5500. When I talked to the sales guy the next time, he said that the service manager had noticed there was a bent prop shaft, he gave me the option of getting my money back or forking over another $500 for just parts; they said they would take care of the labor. So I ended up paying $6000 minus tax

Whoa! That would have put me off right there. Getting the customer to pay for a repair BEFORE you took delivery. I would have never taken the boat unless they repaired it at no cost to me!​
 

Frugal Floater

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Re: Is there any law that will help??

Be assertive, but cooperative at first to see if they will work with you. The bent prop shaft might be a clue as to what might of happened before the previous owner traded in the boat. Sounds like they bottomed out...

Veterans...If you bottom out, what could cause engine damage?

If they are playing hard ball, contact the better business bureau in your state...You will be surprised how much clout they have when they initiate a dispute. If it is an i/o, you can get a Jasper replacement with a warranty...pretty reasonable, but I would not eat the cost and would fight to the end.
 

Frugal Floater

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Re: Is there any law that will help??

what is the business name/location? You can look this up online to see if other cusomers have issues. Most BBB have online database that tracks this stuff. Might help if you decide to take legal action.
 

Reel Poor

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Re: Is there any law that will help??

Guys this is being discussed in the mercruiser repair forum. It looks as though the fuel pump went bad and pumped gas into the crankcase then ignited, blowing gaskets out on the engine. Not a catastrophic problem but labor intensive.

If you bought it "As Is", pull the engine replace gaskets, seals, oil, oil filter, fuel pump, reinstall it and go boating.
 

Tail_Gunner

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Re: Is there any law that will help??

Hold on a sec, if you paid over 10,000 for the boat there maybe recourse, what you need to do is to go to your state's consumer law protectoin guide line's and see if there is any existing statues. and that is only if you bought the boat from a dealer, private party all bet's are off.

Check your state reg's http://seattletimes.nwsource.com/news/local/consumeraffairs/resources/
 
Last edited:

studlymandingo

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Re: Is there any law that will help??

I still say any dealer who would try to get you to pay for repairs BEFORE you took delivery of anything boat, car, tennis racquet, WHATEVER; is unscrupulous at best!!!​
 

tashasdaddy

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Re: Is there any law that will help??

if i remember correctly you were told on the Forum, not to buy that boat, if they didn't repair the prop shaft, free of charge. we thought you had cancelled the deal. must be one hell of a sales man.

you had your warning, now quit whinning.
 

dirtyoldman

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Re: Is there any law that will help??

I still say any dealer who would try to get you to pay for repairs BEFORE you took delivery of anything boat, car, tennis racquet, WHATEVER; is unscrupulous at best!!!​


I agree - I wouldn't buy from someone who did that either.


The other problem is just something that happens. How is the dealer supposed to know whether the fuel pump is going to fail? Whne I buy an old piece of equipment, it always gets new fuel pump, water pump, etc.....

It's just the way things work.
 

bsh21wash

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Re: Is there any law that will help??

Whoa... Not whinning here just seeing my options, and yes I did say that I was going to pull out of the deal, but I didnt, They did a bunch of other stuff to it at no charge So I just ate the $500 which I might add was the original price of the boat $6000. Im not trying to say its the dealer's fault, I just think it's messed up.


It's Camano Marine in Camano Island, WA
 

tmh

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Re: Is there any law that will help??

Let's see.....you had a deal for a boat then THEY found a problem and charged YOU for it???? AND, you went along with it!?!?!? Man, with all the boats out thee for sale you'd think most anyone would laugh at that "offer". What else.....did they ask you pave their parking lot because they found a pot hole in it?

I wondered where thisthread was going.....
 
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