Purchased a boat**************

[me9837]

Greetings from New York all,

Okay, I initially purchased a used boat in March, and picked the boat up in April. The place where I purchased the boat from has a pretty respectable name and has been around for ages. In the negotiations, before I agreed to purchase the boat, I had a few things that I wanted to be "checked out," one being the hull (Especially the bottom of boat). It is an older boat (1997), and I fully expected "stress cracks" and normal wear and tear, I specifically asked for the salesman to write down on the purchasing agreement "Inspect hull for damage, repair if necessary (among other things I wanted checked)." Well, after I took the boat out of the water this past Memorial Day weekend, I have noticed water leaking out from the bottom of the boat; the water has now soaked itself into the fiberglass. I know that they never looked at the boat, because they should have clearly seen that there was a gash that needed repair. Shame on me for not noticing this earlier!

So my question is, even though there was no implied warranty, is the dealer where I purchased the boat from responsible for fixing this repair? I have it in their writing that the boat's hull was to be inspected prior to delivery to myself.

Thanks.

-MattWhat is the name of your state?

 

[seniorjudge]

Greetings from New York all,

Okay, I initially purchased a used boat in March, and picked the boat up in April. The place where I purchased the boat from has a pretty respectable name and has been around for ages. In the negotiations, before I agreed to purchase the boat, I had a few things that I wanted to be "checked out," one being the hull (Especially the bottom of boat). It is an older boat (1997), and I fully expected "stress cracks" and normal wear and tear, I specifically asked for the salesman to write down on the purchasing agreement "Inspect hull for damage, repair if necessary (among other things I wanted checked)." Well, after I took the boat out of the water this past Memorial Day weekend, I have noticed water leaking out from the bottom of the boat; the water has now soaked itself into the fiberglass. I know that they never looked at the boat, because they should have clearly seen that there was a gash that needed repair. Shame on me for not noticing this earlier!

So my question is, even though there was no implied warranty, is the dealer where I purchased the boat from responsible for fixing this repair? I have it in their writing that the boat's hull was to be inspected prior to delivery to myself.

Thanks.

-MattWhat is the name of your state?

A boat is a hole in the water that you pour money into.

A used boat is a big hole in the water that you pour a lot of money into.


Q: So my question is, even though there was no implied warranty, is the dealer where I purchased the boat from responsible for fixing this repair?

A: Can you prove that they agreed in writing to be responsible for something that was broken BEFORE you bought it?

 

[me9837]

In my post I noted that prior to picking the boat up (sale was already made) they agreed (in writing) to complete a few services. Services such as; cleaning the boat, inspecting the engine, and CHECKING THE CONDITION of the hull. There was an agreement made, and obviously it was not fulfilled on their behalf. What I have in writing is an agreement that they were going to check, and repair (if needed) the hull. Even if that was done, (which it was not) I feel as if they should still be responsible.

Every boat is a used boat once you drive away from the dealer....

Thanks,

Matt

 

[justalayman]

Did you use the boat between purchase and dry docking it??

How can you prove pre-existing v. your damage??

 

[me9837]

Yes, I have used the boat once..

You can tell that the damage looks aged. Although the gash is not even that big (nickel size), my concern is how much of the water is soaked into the fiberglass? When winter comes it will freeze, then I am screwed!

The good news is that I just heard back from the dealer, they are taking care of it. They kind of shrugged me off at first, then I had to make a bit of noise, that helped!

I do think it brings up a interesting topic.

Thanks for your help,

-Matt