What would you do???

PDSNIPER

Cadet
Joined
Jan 11, 2010
Messages
12
In January 09 I stopped by a recommended boat service. My Yamaha 100hp 4stroke had a carb that the float was sticking open causing gas to fillup a cyl. I asked the owner when would he wanted me to bring the boat in so he could service it. I called back in a few days and he said bring it in the next day (1/28/09). I took it in and gave the owner a note which described the problem again. I stopped back in a week and saw he had taken off the head. He stated the head gasket needed replaced along with cleaning the carbs. The parts were stored in cardboard boxes. I didn't get the boat back until 4/24/10. I never was disrespectful or mean during my 50 or so visits to see the progress made. In fact I used the Columbo personality and just asked questions and volunteered to assist in any way I could. I knew taking the boxes of parts to another boat service company was not going to be looked at very highly so I stuck it out. The boat was left out in an open yard and was in pretty rough shap when I got it back. The owner never once mentioned the length of time it took to repair. I know for sure at least 100 boats came and went while mine sat there. I wrote the guy a $1,775.80 check when I picked it up. The next day I stopped payment on the check. I've sent him notice that we need to discuss further before any monies are paid. The personal property tax alone was over $700 while it sat at the shop. He charged 9hrs labor to complete a 15 month repair. What should I do????
 

DukesFin

Chief Petty Officer
Joined
Oct 12, 2005
Messages
500
Re: What would you do???

To keep from bashing you, here's my simple advice...

Go write that guy another check for the boat you took delivery of before he sues you for it.

Now, for my questions...

Did you ask for or get an estimate for the work to be done? Did you inquire about how long it would take? If you did and it passed that date, why did you leave it there?

What did he say to you when you showed up after a week (for getting a carb fixed), saw the power head removed and asked him why/how he did that without your knowledge?

Surely, we are missing a very big part of this story... I don't know anyone who would let their boat sit in the shop for 15 months, then write a check, only to stop payment the next day! Whatever thoughts ran through your mind between writing the check and stopping payment should have run through your mind at LEAST 13 months sooner!
 

JB

Honorary Moderator Emeritus
Joined
Mar 25, 2001
Messages
45,907
Re: What would you do???

Well, having heard the testimony of the plaintiff I would get the testimony of the respondent before I did anything else.
 

ovrrdrive

Petty Officer 1st Class
Joined
Apr 28, 2008
Messages
265
Re: What would you do???

I might be inclined to let him seek payemnt frm the courts in your case. Not to mention the counter suit.

That's horrible. In the end though as mentioned you'll probably end up having to pay but it should be a hell of a lot less than the amount he charged. Personally I would have taken the boat somewhere else after a few weeks and had it fixed. I've done it before.
 
Joined
Mar 1, 2005
Messages
924
Re: What would you do???

My guess is that he wrote the check and then immediately stopped payment so that he could get his boat without hassle from the shop. Then initiated the fight.

There are a lot of gaps in this story. Did you express your concerns to the shop, meaning did you tell them that the amount of time taken for the repair was getting ridiculous? If you just patiently waited 13 months and then stopped the payment, while clueless, this shop guy probably had no clue why. Although, we don't know the entire story here.

Since you asked "what would you do" I'll respond. I would have questioned why the head gasket needed to be replaced and what led him to that conclusion? If satisfied I would have let him do the work. If not, I would have said "Nevermind, I'll take it elsewhere." If I let him continue the work, I would have asked why it wasn't done after a week or so. A head gasket and cleaning a carb is simple work. I would have verbally told them about my displeasure if it dragged on. If more time went by and he didn't have a good excuse, I would have picked up my boat (and all its pieces) while simultaneously delivering a letter stating why I was not willing to pay for his work thus far.

If you sat for 15 months without telling the guy that you were dissatisfied, it's a harder argument to make that you were dissatisfied with the work. Most boat repair shops keep the boats outside, so unless you've got before and after pictures, that's another tough argument.
 

Jeep Man

Commander
Joined
Oct 17, 2008
Messages
2,803
Re: What would you do???

There seems to be some things here that don't fit, some that do, and some questions. I agree that sometimes, it's better to lay low, get your property back, and then be able to fight from a better position. What I don't understand is why wouldn't you get an estimate first, as well as a time line. Then provide instructions for you to be notified before any other work is started. Something is missing here, and it falls under "common sense". To avoid impending legal pursuits, it might have been better to notify the business owner that due to the delays, condition of the boat, and unauthorized work, you would appreciate a meeting ASAP to get an explanation and a possible adjustment before issuing a new check to settle the account to everyone's satisfaction.
 

ovrrdrive

Petty Officer 1st Class
Joined
Apr 28, 2008
Messages
265
Re: What would you do???

. I would have questioned why the head gasket needed to be replaced and what led him to that conclusion?

Just another guess here, but I bet he pulled the head to inspect the cylinder for damage and then put it back on. Everyone knows that it isn't a good idea to reuse a head gasket so....

The guy was a complete quack though still. It was obviously a carb problem to start with.
 

Home Cookin'

Fleet Admiral
Joined
May 26, 2009
Messages
9,715
Re: What would you do???

One problem is that OP damaged his case by the "stopped check" method. That is called fraud, and obtaining property by false pretenses*, so he starts with an uphill battle. He also starts off defending himself against the fraud charge instead of getting the first shot with the incompetent repairs (breach of contract) case. Also, by acquiescing to the repair process, over 15 months, and giving no indication, much less notice, of dissatisfaction hurts his case even more. You can't "sit on your rights."

* in some states it may even be a crime, same as writing a bad check
 

kenmyfam

Supreme Mariner
Joined
Aug 10, 2006
Messages
14,385
Re: What would you do???

Personally it would not have gone on anywhere near that length of time.
Just my 2 cents though. No opinion whatsoever on the battle that is in the pipeline now.
Good Luck.
 

cpubud

Chief Petty Officer
Joined
Jun 18, 2008
Messages
468
Re: What would you do???

by far your biggest mistake was writting a check and doing a stop payment
 

Paradise David

Seaman Apprentice
Joined
Apr 4, 2010
Messages
38
Re: What would you do???

I would like to know why "100" boats came and went before this guys motor was complete? Being a Boat shop, surely he could get parts easily.
Something here isnt right,,,,(duhhh)
I think stopping payment was the right thing to do, and actually, If (BIG If) I did pay this shop ANYTHING.... I think I would make them wait at least 15 months
 

dave11

Lieutenant Junior Grade
Joined
Dec 2, 2007
Messages
1,195
Re: What would you do???

I would have gone into withdrawl after 15 days let alone 15 months.
 

JoLin

Vice Admiral
Joined
Aug 18, 2007
Messages
5,146
Re: What would you do???

I would like to know why "100" boats came and went before this guys motor was complete? Being a Boat shop, surely he could get parts easily.
Something here isnt right,,,,(duhhh)
I think stopping payment was the right thing to do, and actually, If (BIG If) I did pay this shop ANYTHING.... I think I would make them wait at least 15 months

Stopping payment was an illegal act. It's theft (or fraud- I'm not a lawyer). Too much of the OP's post doesn't add up. If he has a legitimate beef, small claims court is the place to resolve it.
 
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