Fraud? Please reply with opinion!

[jplinn]

What is the name of your state? Florida
I recently purchased a 1986, 24ft, Four Winns 235 boat "As Is".

Owner misrepresented engine status. Owner stated (in writing) that engine has 20-30 run hours since "block-up restoration" (complete overhaul). Owner provided computer generated list of all parts, labor and costs as evidence of the work performed. He further stated that the work was done by him and his employees and accomplished in the muffler shop where he works. Based on this, I did not have a professional, in-depth inspection performed on the engine, and purchased "As Is". Immediately upon taking possession, I scheduled the boat for an annual-type service at a local dealership. The servicing dealer diagnosed the engine (in writing) as "hydralocked", and requires total replacement ($6000.00-$10,000.00). Afterwards, I performed my own semi-in-depth inspection and am all but certain the stated work was not performed. To this point I haven't even started the boat.

I need to know if there is criminal activity involved here. I have made this purchase based on written documentation from the seller that is completely false. Is this fraud? I have retained all written materials. Please advise.

 

[racer72]

To this point I haven't even started the boat.

Till you do this, you have absolutely nothing.

 

[jplinn]

Apologies--poorly articulated. I have been unable to get the boat started. Thx Racer.

 

[divgradcurl]

First off, you should have gotten your own inspection of the boat before putting any money down -- but I am sure you know that now!

The problem here is that you purchased the boat "as is," without warranty. Yes, you relied on the seller's statements, but was such a reliance reasonable? Unless the seller was a professional boat seller, a boat mechanic, or had some other sort of "expert" expertise in boat engines, it's hard to see how reliance on the seller would be "reasonable." Maybe the seller got scammed by his own mechanic, who said he put the parts in but really didn't -- who knows -- but relying on a lay seller's word that something was done will probably not be sufficient to prevail if you try and sue him on the theory of "detrimental reliance." because such a theory requires the reliance to be "reasonable."

But you might as well try -- you are going to be out a fair bit of money for the repairs, might as well try to get some of that back in small claims court. If you have some written evidence of his claims that the boat was recently rebuilt, maybe you can convince the judge that the fair thing is to get at least a partial reimbursement for repairs.

 

[jplinn]

Thanks for the reply divgrad, your time is appreciated

 

[jplinn]

Update: Some new developments and info as a result of my research and investigation. It turns out the all the work on the engine was "said" (in writing) to be done in the sellers full service auto repair shop. Seller provided me a computer generated list detailing the repairs (parts, labor, costs ect...) with his business on the header. "Items charged to XX (seller's company)."

Reasonableness-- would it be reasonable to trust in the written statements of a full service automotive repair business in regards to an engine rebuild? Common sense says yes. The engine repair is the issue, not how the engine got in/out of the boat. It's a car motor attached by 4 bolts to a boat instead of a car! It must be pulled out to accomplish the level of repair he cites. So... just because he is an auto repair vice marine repair, it passes my "reasonable test". Don't know how the courts would see it.

I have since had the engine examined by 2 different boat dealers. Each have provided signed letters stating that in their professional opinions, there is no way any of the stated repairs were accomplished. They were kind enough to "quantify" themselves too, adding how long they have been in marine business (15 and 13 years respectively). Expert testimony.

This guy lied in writing, and contunued to lie verbally when I contacted him initially with my "problem". I've sent him a "last chance" certified letter, but have not talked to him. Figured some time ago that any correspondence needs to be in writing...

Need advice on "As Is" versus "Fraud". Where is the "line"? I know I bought As Is, and had every reason to accept his written statements of the engine repairs as the truth.

Oh, here's a good one... I have reason to believe that the trailor the boat came with is stolen... grrreat...

Kindly asking for your opinions. They are educational and valuable, and I thank you for your time in advance.