I need HELP

[Jeffrey H]

Just recently bought a bass boat with a 225 Evinrude from a well known dealership. I was told that the motor had only 170 hrs on it and they had done all the service work on it and it was in great shape. No prior major problems to the motor. First time on the water the motor blew. Took it back they put a new power head on it. Next time on the water it skiped and ran sluggish. I took it to a different dealer closer to home, with there permission, and was told that the motor had 330 engine hrs and this was the second power head on the motor. I want them to take the boat back. WHAT CAN I DO? THANKS FOR THE HELP

[Jig Man]

Your options will probably vary as to your location and your state's laws. 

Did you get the hour info in writing or have any witnesses when it was told to you?

[Jeffrey H]

No I did not. I took there word for it. However Ive talked with them on the phone several times and they do not deny telling me that. They are saying that "there computer is not as sophisticated as the other dealer", which is baloney. They want me to bring the boat back to them now so that they can check it over again and talk warranty options. I would have never bought the boat knowing it had 330 engine hrs and a previously blown motor. Is there any legal options i can follow?

[cart7t]

No I did not. I took there word for it. However Ive talked with them on the phone several times and they do not deny telling me that. They are saying that "there computer is not as sophisticated as the other dealer", which is baloney. They want me to bring the boat back to them now so that they can check it over again and talk warranty options. I would have never bought the boat knowing it had 330 engine hrs and a previously blown motor. Is there any legal options i can follow?

Why don't you get an attorney and find out?

About all you can get here are uninformed opinions.  Seek advice from a place that knows the laws concerning used vehicles (boats) in your state.

[Grey Wolf]

As already stated "GET A LAWYER."

[done]

I would do 1 of 2 things. 1. Get a Lawyer and let him go after them.

2. Which is what I would do first depending on the dealership, go in and talk to the head manager. Tell him what they told you, tell them all of what has happened, tell him/her what steps you think they should take to resolve the problem to your satisfaction. Don't threaten, don't lose your cool, simply tell him you want to give them the opportunity to do the right thing without outside interference. If they change their story, lie, or start playing ya, just quietly get up, walk out and do #1. If they do work with ya, going forward ask for everything in writing "For their protection and yours." and take it from there.

[K_Mac]

I would do 1 of 2 things. 1. Get a Lawyer and let him go after them.

2. Which is what I would do first depending on the dealership, go in and talk to the head manager. Tell him what they told you, tell them all of what has happened, tell him/her what steps you think they should take to resolve the problem to your satisfaction. Don't threaten, don't lose your cool, simply tell him you want to give them the opportunity to do the right thing without outside interference. If they change their story, lie, or start playing ya, just quietly get up, walk out and do #1. If they do work with ya, going forward ask for everything in writing "For their protection and yours." and take it from there.

+1

If you can get them to do the right thing without involving a lawyer it will save time, money and headaches. Good luck.

[Jeffrey H]

Thanks for the advice. I did talk with the manager and he wanted me to bring the boat back which is a 2 1/2 hr drive so they can look at it one more time and possibly talk some kind of warranty which will be a year or less. I told him that i wanted my money back due to the fact that he and the other salesmen sold me the boat under false pretenses, not because the motor blew. He still insisted on me bringing the boat by for him to look at the motor again. After the phone call, I did call a lawyer friend late Friday afternoon and left a message. I mainly wanted to see if anybody else had been threw such a mess as this. Thanks for all your help and advice for this has been a big investment for me.

[Fishbone]

Call Vito. 8-)

[R520dvx]

What year is the boat and motor?  Have one of the dealers give you the computer printout on the motor. All kinds of info on it.

[Way2slow]

It's the software, not the computer that may be different but all versions of the software read all the basic info, like hours.  It even breaks the hours down to what percent of the hours were spent in the different rpm ranges.  The ECM tracks the hours, the software only down loads them, if the ECM has 300 hours, it's going to show 300 hours no matter what version or computer is hooked to it.   What they may have done it put a used ECM on it from another motor, thinking that might have caused it to blow, which is a good possibility.   The early Evirude ficht's and rams have had a huge number of upgrades done on them over the years but those are not something the dealer does.  The only time you get the latest upgrades is when you either send yours off and have them done yourself or buy a new one.  It's not something they do a recall on or do for free.  Usually, Only major safety issues get a manufactors update or recall.

I'm pretty sure a lawyer is going to be you're only recourse and unless you have all that in writing, so it's not a battle of who's telling the truth, I doubt you're gonna come out a very happy Evinrude owner.

[DawsonH]

Everyone is right about you not having many options since you did not get it in writing. Since they seem to be willing to work with you to a point you need to carry that as far as it will go, they may be willing to try to save some face on there reputation. Do like the others have said and go in with a cool head about it, and give them the chance to do the right thing. You are not likely to win a legal battle, and you will come out worse off having to pay the legal expenses involved. Just my .02.

[fishfordollars]

Sounds to me as if the original seller may be willing to work out an agreement with you. At the least they are willing to talk. You will probably be money, time, and regrets ahead if you are willing to meet with them and try to work the situation out to everyone's mutual agreement. You will not help yourself if you go in and try to force them into any thing. You say you are only 2 1/2 hours away. That's not a lot of time when you start figuring all the leg work to visit with an attorney(Many visits), possibly file suit(Many months), time without a boat(No telling how many months), and then what happens if the case is not settled to your satisfaction.

Concerning the stated hours on the motor. If it ever went to court it would be a classic case of he said, she said, and no one wins on that. If they are willing to offer another 12 months warranty that probably would make up for the discrepancy on the hours.

You have signed a binding contract. If the hours are not spelled out in the paperwork you have absolutely no leg to stand on.

Do yourself a favor and try to let the original seller resolve this issue with you. If it can be resolved you will be months, money, and lost fishing time ahead. It's your choice though, good luck however you decide to go.

Jack