Recourse for "no fault found"

South Carolina

Over three weeks ago I took my boat & motor to a dealer to repair a 'hot-start' problem on the motor. The problem is one that could potentially let me stranded at sea.

I took it to this dealer because they were highly recommended even though they had one of the highest labor rates in the area. Before taking the motor in for service I visited the dealer and asked if they were qualified to repair this particular make of motor. They assured me they were and they had the necessary tooling available. The motor is currently back in the shop, for the third time, for exactly the same problem I originally took it to them.

The personel at the shop have been very good to work with but they admit they are stumped. They insist they can fix the problem but it's just one of those problems that are difficult to find.

While they are trying to fix the problem I am, of course, loosing use of the boat and each time I pick the boat up thinking is fixed I have to drive over 30 miles and then I have used the boat only to confirm the problem was not corrected.

I'm really trying to be patient with this dealer but each time I take it back it's more money. To date I hve paid $230 with no changes. Had the problem been fixed I would have no problem with the money but when is enough?

In the event the problem is not corrected, what recourse do I have with this dealer if he will not voluntarily give me a refund. Do I have a legitimite case for Small Claims Court?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

Diagnostics is potentially cumbersome, particularly with watercraft. Find another repair shop to look at the motor. If you have only paid $230, that is a relatively small cost. Does the repair shop offer a guarantee? Are they charging you for the followup visits?

Thank you for the reply.

Diagnostics is potentially cumbersome, particularly with watercraft.

Find another repair shop to look at the motor.

If you have only paid $230, that is a relatively small cost.

Does the repair shop offer a guarantee?

Are they charging you for the followup visits?

I look at it this way, If I had called a technician to repair my air conditioner and paid him, I would not expect to pay him more if he had to return a second, third or more times because of the same repetitive problem IMMEDIATELY following the repair. Would you?

cindalyn said:

I look at it this way, If I had called a technician to repair my air conditioner and paid him, I would not expect to pay him more if he had to return a second, third or more times because of the same repetitive problem IMMEDIATELY following the repair. Would you?

Click to expand...

I look at it the same way. But after the third time, I would be calling another technician. Particularly if continued delays keep me off the water.

Recovering the money is not possible because the shop made good faith attempts to solve the problem initially, and then with successive attempts with no labor charges.

How old is the motor? When did you purchase it? Was it new or used at that time? How often do you use it and how long had it been between the last use and the first occurrance of the "hot start" problem?

It sounds to me as if the repair shop has tried really hard to treat you fairly. I know you are frustrated, but I don't see how suing them for not being able to diagnose the problem is the solution to your dilemma.

Thank you for the replies

The motor is a 1999. I purchased it ‘used’ in Dec. 2007 with 88 hours on it. It now has 115 hours. I first started using the motor in May 2008 and the problem has been with me since then. I only use it once or twice, at most, each week. I haven’t been using it to go far or for fishing because I’m afraid I’ll get stranded.

Again, the problem occurs only after running the motor for about an hour and letting it sit about half an hour. Each time I take the boat out the sequence of running and stopping is different therefore the problem doesn’t happen every time.

My desire or intent is not to sue, I just want the motor to be dependable. I simply don't want anyone taking advantage of me and can be very tenacious when that happens.

I suspect that your beef is with the seller, who I presume told you that the engine had no problems, yes?

Was there a written agreement for the purchase? Did you buy it "as is"?

cindalyn said:

The motor is a 1999. I purchased it ‘used’ in Dec. 2007 with 88 hours on it. It now has 115 hours. I first started using the motor in May 2008 and the problem has been with me since then. I only use it once or twice, at most, each week. I haven’t been using it to go far or for fishing because I’m afraid I’ll get stranded.

Click to expand...

You bought a motor that was eight years old (at the time) with only 88 hours on it. That means it spent nearly the entire time sitting. Engines need to be run under load from time to time or they deteriorate rapidly. They develop problems that can be very hard to diagnose. Metal parts, especially aluminum, oxidize and get brittle. Certain plastic, composite, or nylon parts can look nearly brand new on visual inspection, but may have become brittle or shrink imperceptibly over time. Gaskets in the fuel system are especially susceptible to drying out and shrinking. Fluids deteriorate and break down. Old gasoline allowed to sit can wreak havoc on a fuel system, coating tiny passages with varnish and changing minute tolerances or blocking them altogether. Oil can collect condensation and become acidic over time. It can damage bearing surfaces or drain from cylinder walls causing ring damage upon start up. It doesn't take much to damage piston ring sealing enough to cause annoying or even serious problems.

Personally, I'd rather buy a motor with average to high-average hours, but an excellent maintenance record, than I would a motor with near zero use with nothing done to it.

My desire or intent is not to sue, I just want the motor to be dependable. I simply don't want anyone taking advantage of me and can be very tenacious when that happens.

Click to expand...

Nothing you've posted leads me to believe you're being taken advantage of. It sounds like the shop you're working with really wants to find the problem and fix it. You're lucky... really honest mechanics are relatively rare these days.

It sounds to me like you need to trust them more than you do. If you can't or won't, your alternative is to diagnose and fix it yourself. After all, the only person you can absolutely depend on to not cheat you, either by mistake or intention, is YOU.

One last thing... if the shop gets the idea that you're contemplating legal action against them, just because they're having a hard time diagnosing a problem, they may just tell you to take your motor and not come back. That'll force you to open a repair manual or take it to a less reputable shop.

I can't take issue with what either of you said. My frustration is my suspicion that I have a problem I'm going to have to live with, unless I have the engine completely torn down, no matter what mechanic I take it too. I do agree that the problem may be due to the lack of use.

I still have faith in this shop and just think I needed to vent a little.