Laws or Regulations governing the sale of used Outboards?

[limulus]

Hello folks,
I am wondering if there are laws that regulate the sale of used outboards? I bought one back in February. It was advertised as a 2006 ETEC. The engine was delivered and it looked very nice. I was going to install it onto a mahogany boat that I was finishing. Unfortunately, the boat took a little longer than expected and the engine stayed strapped to the pallet until July. I took it to a dealer to have it rigged and programmed in August. The list of bad things was long. The most glaring was the fact that the model and serial number indicated the engine was a 2007, not a 2006. However, the computer was from a 2006. The internal condition of the engine appeared to be have many more hours than the computer indicated. Also, the computer would not really work without replacing or reprogramming. The injectors had problems, the trim motor was smoking and rusted, the lower end also had issues. The first estimate for repairs was approx $2000. To me, this is a very similar situation as an odometer rollback. The dealer is in FL and I wonder if there are any laws there that protect consumers.

 

[F_R]

Re: Laws or Regulations governing the sale of used Outboards?

I guess you would need a lawyer to answer that question, but I suspect the "law" is "Let The Buyer Beware", or "What Part of As-Is do you not understand?".

Did the seller make any written claims or warranties? That might get you a leg to stand on. Or, not. If it was sold as a 2006 and turned out to be a 2007, what are your dollar damages from that? He might even claim you owe him some money!!!

 

[limulus]

Re: Laws or Regulations governing the sale of used Outboards?

Well, yes, I have written claims to a lot of things about the motor. First, yes, it was sold as a 2006 and it turned out to be a 2007 with a 2006 computer. As I said, the hours on the computer are far less than the internal components suggest. Switching the computer to lower the hours is the first of several problems with this motor. The description by the seller included all the data from the bogus computer.

 

[JB]

Re: Laws or Regulations governing the sale of used Outboards?

Your position would be really, really hard to prove, limulus.

For example, many 2007 models were actually manufactured in 2006 and might have a 2006 MFG date label on them somewhere.

If the ECU says certain hours and events and you look at it and don't agree you have no evidence to support your opinion. Opinions are not evidence..

You have made one seemingly trivial mistake that many members make. We have no idea where you are. In Texas, for example, a title must be supplied with an outboard and the features, numbers, etc. must match the title or there is a case for fraud. Other places you might as well be trading home grown veggies.

You may have been conned or you may have unrealistic expectations. We have no basis to tell which.

Sorry.

 

[nwcove]

Re: Laws or Regulations governing the sale of used Outboards?

"quote" As I said, the hours on the computer are far less than the internal components suggest. Switching the computer to lower the hours is the first of several problems with this motor. The description by the seller included all the data from the bogus computer.

the hours on the motor could easily be correct.......how bad was the motor abused by the po(s), was it maintained properly......or run hard and put away wet? you can find old motors that have many hrs, but internally look almost new, or newer motors with low .....but hard hours, that internally look like they have been through hell.
most used motors come with a "curb and gutter warrantee......you get it to the curb....you gutter! ( as mentioned here....so many times before.....isnt it funny how every motor for sale either worked great when it was stored last season, or never gave the po any problems?)

 

[seahorse5]

Re: Laws or Regulations governing the sale of used Outboards?

To find out if the computer was swapped out from another motor, get and post a copy of the engine report that the tech downloads from the motor. It can be printed out in a .pdf format and posted here. The serial number of the motor is "burned " into the computer memory and it should correspond to the serial number on the motor tag. The model number should match, too.

Also the report gives the serial numbers of each of the injectors and what cylinder they are in. Check each injector to make sure those numbers and locations jive. If they don't and/or the serial numbers are not the same, then someone swapped the EMM and that is fraud, and possibly against EPA regulations.

The motor or the EMM, if different serial numbers, could have been stolen also so ask your dealer to contact the factory for both serial numbers to find out what the story is with them.

 

[limulus]

Re: Laws or Regulations governing the sale of used Outboards?

Hello Guys,
I probably didn't state this in my original post, but I took it to an authorized etec dealer for rigging. They are the ones who confirmed that the computer had been switched from another motor. The injectors did not match. There was also lots of internal rust including a rusted tilt/trim motor that was smoking badly. They got the history of the original motor from the dealer network and the computer was definitely from a different motor. I did not want to post my location or anything specific about the dealer I bought it from. Even though I bought this in Feb and just got it mounted last month, he has offered to make it right. I'm just trying to be proactive in case something happens or does not happen.

 

[Home Cookin']

Re: Laws or Regulations governing the sale of used Outboards?

If the dealer has offered to make it right, case closed. And you got lucky.
Either your dealer has a guilty conscience, or he has a reputation to protect and it was sold/traded to him already swapped.

Also, with the passage of time, it would make your case harder to prove that the motor was defective to begin with.

Finally, it's hard to resolve cases like that in court because few judges understand the whole boating thing. One party will win, but often for the wrong reason. BTDT, for almost 30 years.

As for the year, Yamaha has been trying to do away with "model years" even though the market (us) won't let them. My 2005 says it was made in Nov. 2004, but it is still a 2005. Or maybe a 2006? I don't know, I bought it used. But if final assembly in Asia was Nov. 2004, it could sit a long time in warehouse and transport before it sees water.

A family member bought a 2000 car in Nov. 1999. Clearly all its parts were built in the year 1999, but it's still a "2000."

 

[seahorse5]

Re: Laws or Regulations governing the sale of used Outboards?

My 2005 says it was made in Nov. 2004, but it is still a 2005.

A family member bought a 2000 car in Nov. 1999. Clearly all its parts were built in the year 1999, but it's still a "2000."

Here it is September of 2011 and for months now you can buy a 2012 car at any dealership. Would you title and insure one you bought today as a 2011 or as a 2012?

 

[BonairII]

Re: Laws or Regulations governing the sale of used Outboards?

Did you buy the motor without even a test run? I would doubt that you have any recourse considering that you bought it and just let it sit for so long.