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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 12926
Experience:  Experienced Licensed Attorney
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I bought a boat from a used car/boat dealership in April 2013,

Customer Question

I bought a boat from a used car/boat dealership in April 2013, I ran the boat at my shop off a garden hose, seem to run fine. Then I got busy and just put the boat in the water for the first time a couple weeks ago, and it wouldn't start. I am mechanically incline, so I worked on getting it runnin, the head gasket leaked water out, so I pulled it back out and tightened the head, which was really loose along with all the spark plugs. Put it back in and the I noticed the water pump wasn't pumping water, and a constant beeping sound up by the controller, so I pulled it back out and put a new water pump in it (which was around a $100). Go to put it back in the water the next day, the water pump worked but the beeping sound was still there, so I brought it to a marine mechanic and he looked at it after a couple days. He called me up and said the oil pump gear was sheared off and it would cost about $800-$1000 to fix it, the whole time I was in contact with the dealer which said he couldn't believe it because he said it was serviced by Miller marine in Brainerd, MN. So I went to the marine mechanic and he suggested to do a compression leak test on the motor before we make anymore decisions, well low and behold the motor was weak on one cylinder and didn't have any compression on one. So I called the dealership, and he said he would not stand behind it. I told him that either he fixes it or gives me my money back. Also the marine mechanic mentioned that's why the heads were loose because somebody was checking the cylinders out and seen the blown cylinder and put it back together and forgot to tighten the head which leaked the first time. Is there anything I can do legally?
Submitted: 1 year ago.
Category: Legal
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about your unfortunate situation.

Did you purchase in a used condition and was it sold to you with any type of written warranty?
Customer: replied 1 year ago.

Bought used with a sales slip 'as is' with no warranty but I didn't use the boat at all after I purchased it, so it was like he sold me a car that the motor is blown up.

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Thank you for your follow up.

Unfortunately, if the boat was sold to you in "as is" condition, then it would be up to the buyer to conduct his due diligence and to have the boat inspected prior to the purchase.

Unfortunately, unless you can prove by clear evidence that the dealer has committed fraud or intentionally made some material misrepresentations about the condition of this used boat, I am afraid there would not be much of a legal recourse.

I am sorry to bring this bad news to you, but please do understand that I have professional obligation to provide JustAnswer.com customers with correct information, even if my answer is not favorable to the customer.

I wish you the best of luck.
Customer: replied 1 year ago.

I like the boat, but its going to be around $3000 dollars to fix it, can I take him to small claims court to pay for getting it fixed?

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Thank you for your follow up.

You would have a potential claim against this dealer if you can prove by clear evidence that the dealer engaged in fraud or some other type of deceptive business practice.

I wish you the best of luck!
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 12926
Experience: Experienced Licensed Attorney
Alex J. Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
I have got ahold of the dealership that it was traded in at which the said the boat was blown up when they received it, thence taking it to a auction, in which I tracked down the auctioneer which said he sold it at his auction advertising it as a blown motor, in which the dealership i bought it from, so he knew it was blown up when he sold it to me. He told me that the boat was serviced at the dealership that took it to the auction to get rid of it, so know I have something to go on to push further to get something done, correct? That's fraud if you ask me.
Expert:  Alex J. Esq. replied 1 year ago.
Dear Jason,

As long as, you can secure evidence that this used boat was sold at an auction with a "bad" motor and the used dealer you bought this boat from knew or should have known about the "bad" motor, but not only failed to disclose it to you in writing, but also the dealer claimed that the boat was recently serviced and in good condition, you would generally have a valid claim for fraud or material misrepresentation against this dealer.

I would also suggest that you do contact local consumer protection law attorney and a letter from this local attorney to the used boat dealer might help resolve this issue quickly and efficiently and would help you avoid litigation of this claim.

I wish you the best of luck!

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