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I bought a boat in South Carolina in July from a consignment dealer -
he sold the boat on behalf of the owner. The dealer represented the
boat was well "above average", with an above average list price. He
representated that everything worked very well and the boat recently
was maintained. He believed that it was a very well cared for boat
based on several other transaction he'd done with this owner over the
years.
Needless to say, the boat broke down. I found that the gas gauge
didn't work and it had several other defects, including a low
compression on 1 cylinder. I was told that all cylinders were in good
shape. Well, the engine went out a couple of weeks ago and I've
gotten guestimates of around $3,000 to overhaul the engine.
If I take the dealer to small claims court for inaccurate
representation, am I wasting my time since the boat wasn't his? I'm
assuming I can't take the owner to court because he didn't represent
any inaccuracies? Suggestions?
CMS
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Chris,
You purchased a used boat from a consignment dealer in July. The dealer
told you the boat was in "above average" condition. You failed to have the
boat inspected prior to your purchase and simply relied on the dealer's
assurances. The boat has not lived up to your expectations. You ask for
advice.
This is pretty hard to believe. You should have inspected the boat or had
it inspected by a knowledgeable person. You have no claims against the
dealer based on his sales talk. Your belief in the accuracy of the dealer's
"puffery" will not be shared by the court. You've just had a very expensive
lesson.
Good luck,
Dave M.
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Chris,
You purchased a used boat from a consignment dealer in July. The dealer
told you the boat was in "above average" condition. You failed to have the
boat inspected prior to your purchase and simply relied on the dealer's
assurances. The boat has not lived up to your expectations. You ask for
advice.
This is pretty hard to believe. You should have inspected the boat or had
it inspected by a knowledgeable person. You have no claims against the
dealer based on his sales talk. Your belief in the accuracy of the dealer's
"puffery" will not be shared by the court. You've just had a very expensive
lesson.
Good luck,
Dave M.
I wasn't clear, several of the defects could not have been found in
the initial inspection -- for example, the quick river test couldn't
show that the gas guage didn't work. It took a long drive to make it
clear that is wasn't working. Additionally, a slow drain on the
electrical system also couldn't be found also until a trial and error
diagnosis.
I would have thought that a dealer would be held up to a higher
standard -- I expect some "puffery", as you call it, from a salesman,
but to present the merchandise as having no problems caused my
problem.
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"David Martel" <marte005@earthlink.net> wrote in message
I wasn't clear, several of the defects could not have been found in
the initial inspection -- for example, the quick river test couldn't
show that the gas guage didn't work. It took a long drive to make it
clear that is wasn't working. Additionally, a slow drain on the
electrical system also couldn't be found also until a trial and error
diagnosis.
I would have thought that a dealer would be held up to a higher
standard -- I expect some "puffery", as you call it, from a salesman,
but to present the merchandise as having no problems caused my
problem.
When you buy something complicated like a car or boat, you can
generally have it inspected by a mechanic. That's not like the quick
inspection you gave it. A mechanic would probably have found problems
like a non-working gas guage or a slow drain on the electrical system.
I'm not sure what the rules are on selling a used boat. On a used
car, the dealer is required to tell you about all the problems _that
he knows about_. And the real seller (remembering this was a
consignment) is required to tell the dealer. If you can convince a
court that those problems existed at the time you bought the boat
_and_ that the seller knew (or "should have known") about them, you
can probably recover something, either
a) have the entire deal rescinded, you return the boat and get
your money back, or
b) you get the difference in value between the boat you thought
you were getting (a boat in "above average" condition with no
known defects) and the boat you ended up with (in poor
condition with significant defects).
If there's a lot of money involved, you should consult a local lawyer
about what to do. If a small amount, you can still go to small claims
court, but you'll have to convince the judge that either the seller or
dealer knew(*) about the defects.
(*) or "should have known", meaning something like "would have known
had they not intentionally turned a blind eye to evidence of
problems".
--
I pledge allegiance to the Constitution of the United States of America, and
to the republic which it established, one nation from many peoples, promising
liberty and justice for all.
Feel free to use the above variant pledge in your own postings.
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I wasn't clear, several of the defects could not have been found in
the initial inspection -- for example, the quick river test couldn't
show that the gas guage didn't work. It took a long drive to make it
clear that is wasn't working. Additionally, a slow drain on the
electrical system also couldn't be found also until a trial and error
diagnosis.
I would have thought that a dealer would be held up to a higher
standard -- I expect some "puffery", as you call it, from a salesman,
but to present the merchandise as having no problems caused my
problem.
Humm... you want to hold the dealer responsible for defects that a
reasonable person could not easily have found ..
That is the price of purchasing a boat without a guarintee, aka a used
vessel. Any OldSalt would have put aside a couple thousand for these
types of issues. Just thank your lucky stars you haven't found rot or
water between the layers of fiberglass. It could be A LOT WORSE!!
s/ Mother of a boat-yard operator...
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I wasn't clear, several of the defects could not have been found in
the initial inspection -- for example, the quick river test couldn't
show that the gas guage didn't work. It took a long drive to make it
clear that is wasn't working. Additionally, a slow drain on the
electrical system also couldn't be found also until a trial and error
diagnosis.
I would have thought that a dealer would be held up to a higher
standard -- I expect some "puffery", as you call it, from a salesman,
but to present the merchandise as having no problems caused my
problem.
The problems you mention are very small in the greater picture of the
cost of owning a boat, which has facetiously but accurately been
defined as a hole in the water into which you pour money. Electrical
problems, engine problems, and the like are not exceptional but are
rather to be expected, especially when you are buying a used boat.
You believe a boat dealer at your own risk, same way you believe a car
dealer at your own risk. A general representation of the boat's
condition (and "above average" means dangerously close to nothing) is
no more actionable than a car dealer's general representation that a
used car is, say, "cherry".
A used boat with repairable defects is far from unmerchantable. And
unless you were specific in expressing your need to the dealer,
fitness for a particular purpose isn't implicated either. So your
recourse against the dealer is limited to any material
misrepresentation he made (and apparently he made none) or any express
warranty he gave (apparently none).
A consignment dealer is not selling from inventory; he is selling
boats that were placed with him for sale by others. He may have no
duty to inquire extensively into the condition of the boat, and the
consignor may have no duty to disclose defects of which he has no
certain knowledge. For example, the consignor may not have operated
the boat on a long enough trip in years to notice that a gas gauge
defect had developed, or may not have maintained the engine well
enough to know that there was a compression problem bad enough to
cause a misfire.
Professional inspection is one of the costs to be expected when
purchasing a boat. And even with professional inspection, some repairs
are certain to become necessary shortly after you take possession.
--
Not a lawyer,
Chris Green
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