Problems with Dealer on Used Boat Sale

[GCartwright]

Last fall I purchased a 1991 SeaRay 225BR after having it surveyed and a Seaworthy test. The boat was deemed to be in very good shape. This well known SeaRay dealer was selling the boat/trailer as a package like most. The boat has a dry weight of 3900lbs and close to 5000 when it is fueled and ready for the water. I was told that the trailer had a 6000lb capacity (which is noted on the sales contract as well). A few weeks ago after moving the boat a few miles, I noticed one of the roller support arms had broken off and the hull strake was resting on the support damaging the gel coat.

I called ezloader to inquire about replacement parts , gave them the vin since the trailer plate was too worn out to read a model number and they tell me I have a 4000lb capacity trailer. The fact that it only had 24 roller should have been a clue to both the dealer and myself.

I contacted the dealer, told them the situation, they said they didn't have a used one available but would discount me on a new one. I'm located a few hundred miles away and told them that I won't pull the boat on this trailer and that I would prefer they purchase the trailer back so I can find a local one.

They have agreed to this but are offering very little in my opinion. I believe I should be entitled to the markert value price of a 6000lbs capacity 1991 tandem galvinized trailer since this is what they told me I was purchasing, as well as the cost to transfer the boat to a new trailer, plus the cost to repair the damage to the hull (getting a quote this week) plus compensation for having to go through all this when I should have been supplied a trailer that was suitable and set-up properly for the boat in the first place.

Opinions appreciated.

 

[oldjeep]

I'd say you are out of luck - buyer beware. Best case the difference in value between a 24 year old 4000lb trailer vs a 24 year old 6000lb trailer is a couple hundred bucks.

 

[GCartwright]

I'd say you are out of luck - buyer beware. Best case the difference in value between a 24 year old 4000lb trailer vs a 24 year old 6000lb trailer is a couple hundred bucks.

Perhaps, I thought that buying through a "reputable" dealer would help avoid the buyer beware issue especiallly when they sent me on my way in an unsafe overloaded condition.

 

[oldjeep]

I think you wrongly assume that dealers do any sort of detailed inspection on used boats or trailers. If they know about stuff then they have to disclose it. That is why you inspect what you are buying or pay someone to do it if you are not capable of it, especially when it is 24 years old. Even if it were the right load range trailer, the chances of a 24 year old roller trailer not needing a whole bunch of work is pretty remote.

Can you go back on the person you hired to inspect, or did you not have them look at the trailer?

 

[shrew]

I believe......

1) I should be entitled to the markert value price of a 6000lbs capacity 1991 tandem galvinized trailer since this is what they told me I was purchasing.

2) As well as the cost to transfer the boat to a new trailer

Er, maybe, but good luck. At best they will transfer the boat for you. However being unwilling to bring the boat to them limits their ability to help you out.

3) Plus the cost to repair the damage to the hull (getting a quote this week)

You are going to have a hard time proving the capacity of the trailer caused this damage. I suspect it will be determined that the damage was caused by normal wear and tear. Rollers wear out and need to be replaced periodically.

4) Plus compensation for having to go through all this

This is never going to happen. You are not entitled to 'pain and suffering'.

 

[drrpm]

I'd say you are out of luck - buyer beware. Best case the difference in value between a 24 year old 4000lb trailer vs a 24 year old 6000lb trailer is a couple hundred bucks.[/QUOTE]
Probably not even that much. Being several hundred miles from the seller is not in your favor either. Going after the inspector is also unlikely to be helpful since I'd bet that they have a clause in their contract that limits their liability to the cost of the inspection. A several hundred mile trip to pick up a discounted trailer doesn't make much sense either. If you can find a local trailer and get the dealer to refund a couple $100 you will be lucky.
Realistically, the long distance between you and the seller and the relatively low value of a 24 year old trailer makes this not worth much of a fight. The dealer should have had it on an appropriate trailer but it probably came in on that trailer and they didn't think much about it. You had it inspected and looked at it yourself, then drove it several hundred miles away before discovering a problem. If the sales contract states "As Is" its your problem now.

 

[GCartwright]

I think you wrongly assume that dealers do any sort of detailed inspection on used boats or trailers. If they know about stuff then they have to disclose it. That is why you inspect what you are buying or pay someone to do it if you are not capable of it, especially when it is 24 years old. Even if it were the right load range trailer, the chances of a 24 year old roller trailer not needing a whole bunch of work is pretty remote.

Can you go back on the person you hired to inspect, or did you not have them look at the trailer?

I had an independant survey company check the boat, and the dealer provided me with a 7 page "Seaworthy Inspection" which included the trailer. I told them there would be no sale without the check and they reluctantly did it. I knew the trailer needed some work and I was prepared to spend money to replace rollers etc.

My main issue is that the dealer mis-represented the trailer by saying it had a carrying capacity of 6000lbs (this is noted on the bill of sale) when it did not.
The dealer wasn't that helpful in resolving the problem either, they told me to put higher rated tires on it! When I saw that the situation wasn't being handled the way I would have liked, I asked them to buy it back for x amount. He countered with a offer lower than what I have seen similar trailers listed at online.

They should be trying to fix the situation that they created.

 

[mr 88]

Get a lawyer if you do not want to listen to what all on here had to say.

 

[RichRab]

Maybe small claims court is the way to go but I agree that a used trailer 24 years old is not reliable. That is why it is very hard to find a used trailer and when you do they are usually rusted out.

 

[MTboatguy]

Hate to say, based on my experience, you don't have a leg to stand on, rollers break on trailers all of the time, but you are talking about a trailer that is close to a quarter of a century old. The dealer made statements based on what had been told to him which is no guarantee they are true and you have admitted you knew the trailer needed work. One of the biggest issues I see facing you, is you have had it in your possession since last fall, all they have to do is say, they don't know what you did to it, in the time you have had it. Another thing to look at, are you located in a state that has titles on trailers? If so, there should be a GVWR on that trailer tied to the year and how equipped, you need to find out, because if it is rated and the state accepted and titled it that way, you will have no chance of pushing a claim.

 

[bspeth]

Get whatever you can from the dealer and walk away.If you **** them off,you wont even get that IMO.

 

[GCartwright]

Get whatever you can from the dealer and walk away.If you **** them off,you wont even get that IMO.

I suppose that this is what it will come down to.

For the record, the boat supposedly never had a trailer since it was kept on a lift on the lake and then into storage at the dealer in the winter. Not sure where they picked up the trailer for my boat.

On a more positive note, I found an 09 galvinized shoreland'r at a nice price with 5800 lbs capacity at another searay dealer here in town, it was shipped from searay with a boat very similar to mine, the purchaser didn't need the trailer and the dealer may have used it occasionally as a yard trailer. Since it was never registered it will come with a factory warranty. Deal is contingent on fitment

 

[T_Herrod]

If it were me i would buy the 2009 trailer and either try to sell the old one or try your luck in small claims court. I understand that you feel as the dealer should have known the trailer was light for the boat. But as others have said when buying used when you sign the dotted line it's your baby.

 

[tpenfield]

It is interesting that you went to some lengths to check out the boat before purchasing it and over-looked the trailer. Usually, the capacity of the trailer is on the VIN label, etc.

My opinion is that, yes you are out of luck. If you can get some sort of concession from the dealer, take it. Otherwise you are on your own and the money difference involved is not worth much of a fight.

 

[muskyfins]

I suppose that this is what it will come down to.

For the record, the boat supposedly never had a trailer since it was kept on a lift on the lake and then into storage at the dealer in the winter. Not sure where they picked up the trailer for my boat.

On a more positive note, I found an 09 galvinized shoreland'r at a nice price with 5800 lbs capacity at another searay dealer here in town, it was shipped from searay with a boat very similar to mine, the purchaser didn't need the trailer and the dealer may have used it occasionally as a yard trailer. Since it was never registered it will come with a factory warranty. Deal is contingent on fitment

Depending on the difference between how much the dealer will give you back for the old trailer and how much you're paying for the new trailer, this might be a good deal-to upgrade 19 years. Could you fix/sell the old trailer for more than the dealer is willing to give you? (Plus your time and fuel to drive to return it)

 

[GCartwright]

It is interesting that you went to some lengths to check out the boat before purchasing it and over-looked the trailer. Usually, the capacity of the trailer is on the VIN label, etc.

My opinion is that, yes you are out of luck. If you can get some sort of concession from the dealer, take it. Otherwise you are on your own and the money difference involved is not worth much of a fight.

The vin label was worn off. When I called ezloader looking for parts a few weeks ago it was brought to my attention that it was a 4000lbs trailer. The trailer isn't in bad shape except for some of the wear items like rollers etc. and also the dealer "inspected" it as shown above for what that's worth.

Had it actually been a 6000lbs trailer as I was told, we would not be having this conversation.

The boat is being fitted for the 09 shoreland'r at the moment. Yes I'm out of pocket a few thousand dollars but I am getting a trailer that's 18 years newer with very little use as some have mentioned.

I could try to sell the trailer myself and perhaps get a bit more for it but I will be keeping it off property and going through the selling procedure on craigslist would be a real pain.

The next time I have a job scheduled near the original dealer, the trailer will be coming with me.

 

[MTboatguy]

For me, I would upgrade the springs on it for more carry capacity, not a difficult job, as far as the roller breaking, I don't see that being a function of being overloaded, it was due to age as well as normal wear and tear.

 

[smokeonthewater]

He would have to upgrade springs, axles, tires, wheels, coupler, and roller assemblies.... IE everything except the frame and MAYBE the frame too.

 

[MTboatguy]

He would have to upgrade springs, axles, tires, wheels, coupler, and roller assemblies.... IE everything except the frame and MAYBE the frame too.

Actually, it will depend on what the trailer already has, there is a lot of information mission on this trailer that would determine if it could be upgraded. I have never seen a roller be weight rated.

That said, it sounds like he has found a solution and picked up another trailer.

Also, you like to debate on trailer issues don't you? You do realize there are whole bunch of us that do know things as well, right?

I have owned a few shorelander trailers and they normally under rate their trailers and overbuild them so they will handle more than what they are rated for.

Now we can continue to debate trailer basics, but it will not be a very productive conversation.

 

[airshot]

My thought is....you thought you were dealing with a reputable dealer......didn't know there was such a thing!!