My new boat nightmare.....Resolved!

[oregoncruiser]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

I'd give one more call as they open on Monday, if you make no progress, let your attorney take over. Your wasting time, and boating season is here. I'd bet a good attorney could give them the incentive they need to settle this.

 

[fishrdan]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

From my experience dealing with new car sales and customer issues, including those such as these, dealers can't reverse a new car sale b/c once a title is issued for a new car, it can never be re-sold as a new car, even if it never leaves the lot. They would have to take it back and resell as a used car at a big loss, as well as a "lost sale" b/c whoever buys it passed on a new car. I'm not saying that in the right case they shouldn't have to; I am explaining why they will fight to avoid that remedy.

I bought a new car 10 years ago and a week later while washing it I noticed the front bumper cover was a slight different color than the rest of the car, then some bad masking when they repainted the bumper cover, some hidden damage behind the bumper cover, fresh paint flecks on the back window that flaked off the masking paper... When I spoke the the sales manager about it he basically said, though luck buddy. UNTIL,,, I whipped out a 2 page letter out of my back pocket, addressed to the manufacturer, stating my position and that I was sold damaged goods, instead of a new vehicle. After 10 minutes of him reading the letter and digesting it's contents, he asked me what color of replacement vehicle I would like.

I'm not saying this happens often, or the OP has a leg to stand on with this approach, but I doubt I'm the only person who has had their new vehicle replaced due to something the dealer tried to cover up. (From their reaction, I'm pretty darn sure the dealer knew this new vehicle had prior damage.....)

 

[Gosub]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

If you are going to contact the dealership again, ESCALATE. Get to the top person and tell them you have tried the salesman and his manager and they haven't shown much interest. If this goes to court you will be able to show that you gave the dealership owner the chance to do the right thing. Dealing with the underlings gives the owner the 'I wasn't told' line to use.

Go to the top! And good luck.

 

[scoutabout]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

...Its ironic that I'm a detective in a commercial crime unit ....

Whoa, whoa, WHOA!

You're a what??!

Buddy - I'd say you need to drop that little gem into the middle of your next convo with these deadbeats. You might just see a change of heart.

Oh - and just for the record - my offer of local "groundwork" wasn't intended to mean gather up a mob and head to the dealership gates with pitchforks and torches...

 

[Jhudds]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

You need to kick this up to the owner of the dealership or at the least the GM. Not the sales guy, not the service manager.
You need to write down all the concerns that you were baited and switched, that you know the boat is a factory second, and that it was sold to the dealership at a discounted price. That there was nothing stated to you either by mouth or in the contract that this was a factory second boat without a proper warranty. Then you state that you want them to do the following; repair the boat (either by them at their facility or at another authorized Starcraft dealership closer to you) and give you a proper warranty as well as give you the discount for the boat. The dealer ship should be able to extend or augment the factory warranty. If they do not do the above mentioned, then tell them that the contract is void due to breach of contract.

Tell them they have 3 days to respond. If needed have a lawyer draw up the letter. (Believe me, lawyer letter head always get their attention, hell your a criminal investigator, use your letter head) send it to them certified and then give them the 3 days. If they do not respond, lawyer up, call the local news reporter and give them the story. The dealership is calling your bluff because they know how far you live from them and that you can not just wheel into the dealership with the boat and make your scene there.

But you should not settle for anything less then a new boat, or keep this one, have them repair it and reinstate the warranty and kick you back the discount.

I hope this works out for you. Good luck.

 

[ricohman]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

Monday is a holiday, its the long weekend in Canada so the soonest I can speak with these guys is Tuesday.
I want to take the boat out Monday but thats not going to happen. I am assuming the negotiations with Starcraft will not go as they planned as the manufacturer has already stated they sold the boat to them at a discount. They have no records of any damage repaired to the boat in their plant. This is probably just one unit that was not up to snuff and sold at a discount.
So no accident recorded.
The dealer has told me this boat was not repaired at their lot. So if it was included in the shipment of 14 new Islanders there could be a possibility this one was sold to me by chance. I need to use this possibility first and then let things play out from there. Once things are stated and recanted evidence starts to build. I am also a mechanic and that motor looks brand new to me. There are no hours on this boat, so its not a demo. The fellow I talked with yesterday actually sounded confused by the situation and was waiting for an email from the same guy I had been talking with at Starcraft. So if this indeed was a scam there are a few people who are not in the loop and the fellow that authorizes warranty repairs would most likely be one that should have been included in a "scam" like this.
But I may also be hiring a lawyer next week and like a friend of mine told me last night. Our summer is 3 months long, seaking damages of not using the boat due to this mess is a real possibility.

 

[airdvr1227]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

edit

this is a family forum airdvr

 

[saumon]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

Can't wait for Tuesday morning to know their answer! I bet they'll try a lowball offer but, as a customer, there's only one valid solution: they should bring you another new boat (what you paid for), take back the other one and give you some sort of compensation for the hassle/loss of time.

Their only justification for that fraudulent act (selling a cosmetic second, for wich they received a discount, as a new boat) was to say it's a mistake cause someone didn't realize they took the bad boat when doing the prep/rigging.

Dunno for SK but here in QC there's a provincial Consumer Protection Office that help you handle those situations between sellers and buyers when the complaint couldn't be resolved directly with the dealer.

Edit: there's something similar in SK http://www.justice.gov.sk.ca/cpb

 

[ricohman]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

I was looking at the boat today and realized I should be out fishing rather than wasting my time with this. So I went to their website and sent an email.
I told them they can do three things.
Bring out a "new" boat and take this one back (thay have new Islanders in stock).
Reinstate the warranty so I can have this one repaired (and with the corrosion around the rivets I would think this will cost thousands).
Give me my money back.
I would guess they will do none of the above so I am going to discuss this with the crown on tuesday and see if I should procede criminal and civil.
I also told them I am extremely frustrated by the lack of communication. I made a dozen calls last week and didn't get one in return.
They are still advertising new Islanders. But to bring it out will cost at least $3500 and the same to bring the other boat back. With the problems of reselling the boat they are not going to be giving me another boat anytime soon. So in addition to making boat payments I will have to buck up for a lawyer.
Starcraft is not going to give any warranty, and to be fair its not their problem. They sold the boat to the dealer this way and the dealer probably got a sweet deal.

 

[saumon]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

Is there's any chance that Starcraft can provide you something written (like an invoice) stating that this hull has been shipped to the dealer as a cosmetic second?

 

[catfishcarl99]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

i hope you get what you deserve. ide go right in the civil action if you dont hear from them on tues. or at least consult a lawyer with your concerns and get the ball rolling.

 

[saumon]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

From their website welcome page:

"At #### ######## MARINE, you can "buy with confidence" knowing that we are an established dealership carrying on business since 1976. As a family owned business we recognize the value of relationships and the importance of honesty and integrity. Our friendly, knowledgeable sales staff is here to assist you with all your questions and concerns about buying and owning a new boat, motor, trailer or RV. Because we value you, our customer, we do all we can to make your experience and time with us an enjoyable one."

:facepalm:

 

[ricohman]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

Is there's any chance that Starcraft can provide you something written (like an invoice) stating that this hull has been shipped to the dealer as a cosmetic second?

I have an email from Starcraft stating this. And the dealer 3 hrs from me was also told this. This is something they cannot deny. But how they will deal with it is another matter entirely.
I really don't expect to hear from them tomorrow. They have been saying we will call you back all last week.

 

[Pony]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

I have an email from Starcraft stating this. And the dealer 3 hrs from me was also told this. This is something they cannot deny. But how they will deal with it is another matter entirely.
I really don't expect to hear from them tomorrow. They have been saying we will call you back all last week.

I am dumb founded by their lack of follow through. I get reamed by customers every so often if I can't solve a complex issue in five minutes. That being said, I am manage differently than they do. I spend as much time as is necessary to find a resolution. I have spent 30-40 hours over the course of a two week period sorting out an issue that wasn't even my store's fault (3rd party installation problems). The worst part was that the customer stated they knew it wasn't our fault, but still would never want to buy from us again. Even knowing that, I spent hours and hours and hours and hours trying to get a resolution for her because it was the right thing to do.

 

[GA_Boater]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

I have a good understanding of the criminal code. Its ironic that I'm a detective in a commercial crime unit and I seem to be the victim of a commercial crime.

Have you filed a report with one of your co-workers? Wouldn't this fall under the heading of fraud? I would guess a visit to the dealer by criminal crime investigator just might bring a solution to your problem and not lead you to paying lawyers which should be the last resort in my opinion.

 

[Home Cookin']

Re: My new boat nightmare.....

Re: My new boat nightmare.....

If you want to add lost use or inconvenience damages to your claim, get on the phone and find out what it would cost to rent a similar boat in your area. I bet if you find one, it's going to be outrageous. If there isn't one, get the cost of a fishnig guide to take you out in his.
Some courts won't allow that type of damage and others won't allow it unless you actually spend the money. That's not the point. You want to present as high a claim as you can without looking stupid. That's why I say, quantify it as best you can. Make them argue why it's not legit. Then, when you start negotiating, you have something to give up--to get to that target number I suggested previously. Likewise hammer on the driving costs, although that may be a difficult element to recover since it's peculiar to you.

But discuss all of this with your lawyer--you do have one now, don't you?

You can get all the invoices and correspondence through discovery and subpoena duces tecum once you file suit. Before you file, as part of your negotiation, you remind them that you will have the invoice that says the dealer knew about the problems. But bear in mind that this entire thread is also subject to discovery (at least it would in the USA). See what your lawyer says about that, too.

I'm rooting for you.

 

[Gosub]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

It's interesting that the listing on their site for the Islander has an engine warranty but no hull warranty is offered. Could it be that the entire batch they got from Starcraft were end of line seconds and were all defective in some way? If you push for a new unit you might be going from the frying pan into the fire. I'm sure Starcraft could clear this up for you. Ask them if all the boats they sold to the dealer were discounted units.

 

[ricohman]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

No lawyer yet. I am going to wait until this week as today is a holiday. I would like to hear a response from them before doing anything. I assume the most basic warranty covers outright paint defects and damage.
What is the basic warranty on a boat for cosmetics? I would have never bought this one if I would have had a look at it. But after being assured it was 100% and wrapped for transport I thought I was good to go.

 

[oops!]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

richo.......the above post suggests you are seeing this as a warranty issue.......it is not.

my store specialized in factory seconds, re furbs, and scratch and dent..........legally i had to make very clear to the customer that they were damaged goods or "blems" if i did not.....it was a very serious matter of mis representing the product

imho......misrepresentation is the issue here.....not a warranty......
you know they purchased factory seconds from the manufacture.......you bought one of these factory discounted seconds as a flawless unblemished boat......they have misrepresented the product.

I was looking at the boat today and realized I should be out fishing rather than wasting my time with this. So I went to their website and sent an email.
I told them they can do three things.
Bring out a "new" boat and take this one back (thay have new Islanders in stock).
Reinstate the warranty so I can have this one repaired (and with the corrosion around the rivets I would think this will cost thousands).
Give me my money back.
I would guess they will do none of the above so I am going to discuss this with the crown on tuesday and see if I should procede criminal and civil.
I also told them I am extremely frustrated by the lack of communication. I made a dozen calls last week and didn't get one in return.
They are still advertising new Islanders. But to bring it out will cost at least $3500 and the same to bring the other boat back. With the problems of reselling the boat they are not going to be giving me another boat anytime soon. So in addition to making boat payments I will have to buck up for a lawyer.

now you are talking....


to the iboaters........

as a canadian......there are several courses of action i would like to post.....but as a mod i cant.

but i do know.......there is stregnth in numbers

 

[catfishcarl99]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

yes. this has nothing to do with a warrenty coverage. totally agree. it was a misrepresented item. no different than paying for a ford mustang and they deliver a pinto. they were at fault 100%. and they should be held liable.