waverunner
Junior Member
What is the name of your state? New York
Waverunner History
7/29/05
Model: Yamaha XL1200 2003
Price:
Waverunner …………………....$ 8,495.00
3 year Extended Warranty
DMV Fees, Misc Fees………..
+ Tax
Total $ 9,319.88
Purchase : April 2004 - $ 1,000 deposit
July 2004 - Took delivery
Problem: Within days of taking delivery, and before waverunner was put into water, a gouge was discovered on the underside of the machine. Craft was probably gouged while moving it with a forklift or removing from crate. Waverunner was returned to the dealer. Machine was turned on to show that the hour meter was still on 0 and unit had not been used. Ultimately dealer agreed problem would be repaired. Dealer attempted repair “in-house, which I was totally against. Paint rubbed off upon first use. Waverunner was used very minimally for remainder of season (approx 4 hours) with the understanding that it would be repaired during the off season. I contacted the manufacturer, Yamaha, for help in resolving this problem. Waverunner was returned to Dealer October 2004 for repairs. Over the winter 2 unacceptable attempts to repair the vehicle were made. Recently I was contacted and told final repairs are complete. Finish is like an eggshell with runs and drips visible. Also, paint overspray on other parts of the craft. Finish should be smooth and shiny. Dealer agrees that this is not an acceptable repair.
Dealer Offered 3 Solutions:
1. They have agreed to do the repair for $750.00. Said he has found “New Guys” that have contacted Yamaha and know the correct way to repair the craft.
Concern:
a. Before the second and third repairs we were told that they
had “New Guys” that knew how to repair the craft.
b. I contacted the manufacturer once again and was told that
they had not had any recent discussions related to my
Waverunner. They explained that each “Call” had to be
connected to a Watercraft. This is done using the VIN # of
the craft. My question is, did anyone really contact the
manufacturer for repair advice? No!
2. Offered to pay me $750.00 which is the value “THEY” assigned the
repair. And, walk away to never bother him with this problem again.
3. Offered to accept this damaged 2003 unit as a trade-in of a leftover
2004 model with a difference of $ 1,500.00.
Position: Since I purchased a new Waverunner, I fully expect it to be in “new condition”. I was sold a damaged machine. The problem started as an 24 inch gouge and now the repaired area encompasses the entire bottom of the vessel. Some of the repairs were attempted by the dealer “in-house” instead of sending it out to a business specializing in this work. Red Auto Body Filler was used in one of the attempted repairs as opposed to a Marine filler. Through discussion with knowledgeable people in the industry, it is my understanding that the current paint finish is likely to come off with normal use. This is not acceptable! I feel that I trusted the dealer to do the “Right Thing” and now he is asking me to accept a damaged craft, a craft with a reduced value because of the damage, or pay an additional $1,500 for a new craft. All I wanted was a NEW 2003 model, why should I pay any additional monies to get a “Like New” craft. What I have is a damaged craft which I have owned for (1) year. The craft has been in my possession approx (2) months of this time.
Additional Notes: Current Bluebook value for a 2003 model in good condition is $7,200. Dealer is pressuring me to accept one of his options. He said that I signed an acceptance form upon delivery that stated that the craft was in good condition. I did sign a form that was included in a stack of papers that were executed before I went outside to pick-up the unit. I pointed out that none of the boxes detailing each checkpoint were checked. Also, the dealer was supposed to sign the same form confirming that they checked the condition of the Waverunner. They did not sign the form.
I reside in the state of New York. The waverunner was purchased from a local dealer.
Questions:
1. Is there a lemon law that would cover a watercraft?
2. Can I get my money refunded?
1. If not a full refund. Can I go to small claims court and claim the difference in value since the bad repairs have reduced the value. If I tried to sell the waverunner, most potential buyers would think it had been in an accident.
2. If so, how do I establish the value for the claim?
3. Dealer currently has the Waverunner in his possession. Should I leave it there or pick it up. I really don’t want this damaged unit but it is my property since the dealer was paid in full.
Waverunner History
7/29/05
Model: Yamaha XL1200 2003
Price:
Waverunner …………………....$ 8,495.00
3 year Extended Warranty
DMV Fees, Misc Fees………..
+ Tax
Total $ 9,319.88
Purchase : April 2004 - $ 1,000 deposit
July 2004 - Took delivery
Problem: Within days of taking delivery, and before waverunner was put into water, a gouge was discovered on the underside of the machine. Craft was probably gouged while moving it with a forklift or removing from crate. Waverunner was returned to the dealer. Machine was turned on to show that the hour meter was still on 0 and unit had not been used. Ultimately dealer agreed problem would be repaired. Dealer attempted repair “in-house, which I was totally against. Paint rubbed off upon first use. Waverunner was used very minimally for remainder of season (approx 4 hours) with the understanding that it would be repaired during the off season. I contacted the manufacturer, Yamaha, for help in resolving this problem. Waverunner was returned to Dealer October 2004 for repairs. Over the winter 2 unacceptable attempts to repair the vehicle were made. Recently I was contacted and told final repairs are complete. Finish is like an eggshell with runs and drips visible. Also, paint overspray on other parts of the craft. Finish should be smooth and shiny. Dealer agrees that this is not an acceptable repair.
Dealer Offered 3 Solutions:
1. They have agreed to do the repair for $750.00. Said he has found “New Guys” that have contacted Yamaha and know the correct way to repair the craft.
Concern:
a. Before the second and third repairs we were told that they
had “New Guys” that knew how to repair the craft.
b. I contacted the manufacturer once again and was told that
they had not had any recent discussions related to my
Waverunner. They explained that each “Call” had to be
connected to a Watercraft. This is done using the VIN # of
the craft. My question is, did anyone really contact the
manufacturer for repair advice? No!
2. Offered to pay me $750.00 which is the value “THEY” assigned the
repair. And, walk away to never bother him with this problem again.
3. Offered to accept this damaged 2003 unit as a trade-in of a leftover
2004 model with a difference of $ 1,500.00.
Position: Since I purchased a new Waverunner, I fully expect it to be in “new condition”. I was sold a damaged machine. The problem started as an 24 inch gouge and now the repaired area encompasses the entire bottom of the vessel. Some of the repairs were attempted by the dealer “in-house” instead of sending it out to a business specializing in this work. Red Auto Body Filler was used in one of the attempted repairs as opposed to a Marine filler. Through discussion with knowledgeable people in the industry, it is my understanding that the current paint finish is likely to come off with normal use. This is not acceptable! I feel that I trusted the dealer to do the “Right Thing” and now he is asking me to accept a damaged craft, a craft with a reduced value because of the damage, or pay an additional $1,500 for a new craft. All I wanted was a NEW 2003 model, why should I pay any additional monies to get a “Like New” craft. What I have is a damaged craft which I have owned for (1) year. The craft has been in my possession approx (2) months of this time.
Additional Notes: Current Bluebook value for a 2003 model in good condition is $7,200. Dealer is pressuring me to accept one of his options. He said that I signed an acceptance form upon delivery that stated that the craft was in good condition. I did sign a form that was included in a stack of papers that were executed before I went outside to pick-up the unit. I pointed out that none of the boxes detailing each checkpoint were checked. Also, the dealer was supposed to sign the same form confirming that they checked the condition of the Waverunner. They did not sign the form.
I reside in the state of New York. The waverunner was purchased from a local dealer.
Questions:
1. Is there a lemon law that would cover a watercraft?
2. Can I get my money refunded?
1. If not a full refund. Can I go to small claims court and claim the difference in value since the bad repairs have reduced the value. If I tried to sell the waverunner, most potential buyers would think it had been in an accident.
2. If so, how do I establish the value for the claim?
3. Dealer currently has the Waverunner in his possession. Should I leave it there or pick it up. I really don’t want this damaged unit but it is my property since the dealer was paid in full.