Sold my Merc 115hp last night and then it died for the new owner. What to do?

I sold my 1987 Merc 115 with the boat and trailer last night. I started it up for the guy and it ran for awhile and he was pleased with the sound of the motor. It was kinda strange because he came when it was dark and said he didn't care about the appearance of the boat (there were great pics on the ad). All he was concerned with was that the motor was okay. He picked it up this afternoon and was real pleased with the appearance of the boat now that he could see it in daylight. He called me several hours later and said that the motor died. He said he took it out on the lake for a 15-20 minute ride and when he was pulling it on the trailer, it died. He said he put it in reverse and there was a clunk and then the motor stopped and would not run anymore.

He talked to a welder/mechanic friend (?) who told him the motor was locked up and he should just buy a used motor to put on it. He acts like he is expecting us to pay for it. He signed a receipt that states, no warranty, items sold as-is. Now we are willing to work with him because we feel bad about this. However we only sold him the boat for $2,250. We told him he should take it to a boat mechanic to see what the problem was. For all we know, he took it out and ran the crap out of it or maybe nothing is wrong with it and he is trying to get some money. We don't know.

So my question is -

1 - What does this type of motor problem sound like to you? We have had no problems with the motor and it was running fine when it left.

2 - Any thoughts on how we should handle this with the new owner? I'm alittle concerned because he does know where I live and since it's very remote and isolated, I don't want anything to suddenly happen to my boat.

Thanks for any help on this, I'm at a loss.

Re: Sold my Merc 115hp last night and then it died for the new owner. What to do?

HELL-O AND WELCOME It sounds like you are a nice person and he may be too.BUT A DEAL IS A DEAL ==SOLD AS IS .DONE DEAL , IT BECOMES HIS BOAT WHEN HE PAYED YOU. Sorry for the both of you. --GOOD LUCK

Re: Sold my Merc 115hp last night and then it died for the new owner. What to do?

Almost sound like something locked up in the lower unit.Maybe he hit a rock.Maybe he ran it without oil.As stated as is.Since when is a welder/mechanic? qualified to diagnose a outboard motor.If you feel obligated then meet him at a Merc dealer and see what they say.Do not let him call you up and tell you "they said"I would not give any money back as it was good to go when you sold it and who really knows how long he ran it for. What was he doing when he was putting it on a trailer and it died? I always have my engine off when I am in the loading zone.Maybe he left it running out of the water and fried a piston.

Re: Sold my Merc 115hp last night and then it died for the new owner. What to do?

That is the bad thing--if you weren't there you don't know what they have done to it. He did purchase as is and it did run for him before he purchased it--so you never know. I wouldn't want to pay or give any money back but I would not have any problem helping figure out what the problem was. I agree with the others in that you should meet at an authorized service center-I would also question them a bit on exactly what they did from the time they picked it up to the time it died. Good Luck.

Re: Sold my Merc 115hp last night and then it died for the new owner. What to do?

I have to say years ago I had a motor that I sold the motor ran good for me. I sold the motor as is and told him that there was nothing I could do when he said the starter went on it. He told me he put a new starter on it and it didn't run. I was not so nice because I didn't want the motor back and told him it was sold as is. He took me to court and won all his money back. When I got the motor back after paying him, all he wiring was hooked up wrong. I got the motor running and resold it for more then I sold it to the first guy. So the (As Is) means nothing in Mass it has to state in the bill of sale "for parts or repair" for the term "as is" to stick.Remember that was Mass. Law. all states are different.

Re: Sold my Merc 115hp last night and then it died for the new owner. What to do?

I've told this story before but here is the short version again. Boat sold to a buddies boss. Buddy tells me a month later that the transom tore out of the boat. When I asked what happened he said only that the transom gave way. I asked if he hit anything. Reply was don't think so. A month later he shows up with the boat with a nice repair job on the transom. Engine was in the boat (not installed). I looked at the motor and then asked, are you sure they didn't hit something? Nope was again the reply. I then asked who was driving. the boss's son he replied. I then directed his attention to the prop which had all three blades folded neatly around the hub. Yes -- they obviously hit something. All of this was an attempt to get me to pay for the repair. If MASS. law has little or no personal responsibility on stuff like this then I guess I would move. There is no way a seller can guarantee a mechanical or electrical item once it leaves the premises.

Re: Sold my Merc 115hp last night and then it died for the new owner. What to do?

You can't go by what his "mechanic" friend told him. Before you make any decision, you need to have the motor looked at by a qualified mechanic that BOTH parties are comfortable with. Get the findings in writing and then decide how you want to proceed.

Re: Sold my Merc 115hp last night and then it died for the new owner. What to do?

Did the motor have an oiling system or was it pre-mix only?

There is no way to telll what the new owner has done or how the boat was handled.

I agree with the others, both of you take it to an agreed repair shop for diagnosis. Depending on the damage, possible causes, make an informed decision.

You do not 'owe' the new owner anything.

Re: Sold my Merc 115hp last night and then it died for the new owner. What to do?

For those saying "it's as-is he can go pound sand" unfortunately that is not the case. You will most likely lose in court. A couple people have already mentioned their experiences with this. Here's a pretty famous thread on the subject http://forums.iboats.com/showthread.php?t=207127 He ended up "winning" but only because the buyers didn't show up to an appeal hearing. You'll have to agree to meet at a qualified mechanic to hopefully diagnose what happened.

Re: Sold my Merc 115hp last night and then it died for the new owner. What to do?

Agree with those that say you don't owe anything. You had no control over the way that 15-20 min run on the lake was accomplished or if the new owner was knowledgable enough to actually use the boat/engine properly. The legal factor is that you sold it "AS IS" and that means what it says. That said, I sold my last boat/motor to a person that took it out for a high speed run and cooked the motor. My best guess was that he picked up a garbage bag and it wrapped around the lower unit cutting off the water flow. I pulled the powerhead off of it, cleaned it up and replaced #2 piston for him. He paid for the parts and I ate the labor. He was happy but later sold the motor because it was just too much hp for him. I didn't get mad until I heard he sold it for 2500.00 when it was worth well over that. LOL..

Re: Sold my Merc 115hp last night and then it died for the new owner. What to do?

sschefer said:

Agree with those that say you don't owe anything. You had no control over the way that 15-20 min run on the lake was accomplished or if the new owner was knowledgeable enough to actually use the boat/engine properly. The legal factor is that you sold it "AS IS" and that means what it says.

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This just simply isn't true. It SHOULD be, but it isn't.

Re: Sold my Merc 115hp last night and then it died for the new owner. What to do?

Thank God we use "handles" on these forums; I can see some guy taking some repair advice, repairing his motor incorrectly, then trying to sue the people who helped him when his motor craps out. ( I'm thinking about waterpump advice, oil recommendations etc.!)

Re: Sold my Merc 115hp last night and then it died for the new owner. What to do?

The part that has me confused is "he was loading on to the trailer' and "then he put it in reverse" I have never heard of anyone needing to have the engine running and then have to put it in reverse TO LOAD IT ON THE TRAILER, ?????????????????????????????????

Re: Sold my Merc 115hp last night and then it died for the new owner. What to do?

rivermouse said:

The part that has me confused is "he was loading on to the trailer' and "then he put it in reverse" I have never heard of anyone needing to have the engine running and then have to put it in reverse TO LOAD IT ON THE TRAILER, ?????????????????????????????????

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He probably missed said trailer.

Re: Sold my Merc 115hp last night and then it died for the new owner. What to do?

I sold a 1980 Mustang to a fellow Coast Gaurdsman because it wasn't enough to tow my new boat. 2 weeks later I heard from her that the engine blew up and she wanted me to replace the engine. I calmly asked her what she was doing when it blew up, she said "I was passing a semi." I asked "How fast were you going?" She said "75.", I asked "What gear wee you in at the time?" She said "2nd." I asked "Did you happen to look at the guage to the left of the speedometer?" She said "Yes." I asked "Was the needle in the red?" She said "Yes, but only for a minute." I said "Congradulations, you just bought yourself a new engine."

You have no control over how he was driving the boat or the water conditions and such. Therefore you shouldn't have any liability for the outcome.

Just my opinion. Craig

Re: Sold my Merc 115hp last night and then it died for the new owner. What to do?

Unless I am buying a boat from a dealer with some sort of warranty, I NEVER would simply drop the boat in the water and go for a ride without first giving the whole rig a twice-over first. If the previous owner can't document when the waterpump was last done, or if it was more than a year or two ago, it gets done. I crack open the lower unit drain screws and top off the gear oil. I'm not going to assume any remaining gas is okay - start with fresh gas. Wheel bearings on the trailer are going to get checked out. Trailers lights, same thing.

Bottom line, never assume anything!

:facepalm:what he did,i think and did it my self,he was power loading and missed or wasent lined up with the trailer,ramed it into reverse,lower unit loacked up,took lower unit off,gears were shot and metal caused it to lock up:facepalm::facepalm: ,lesson learned lol.luckly, i repaired myself, back on water next day,so i would have that ckecked out , i have saw a posting on exact same issue on here, just a thought.

also ,the boat ramps here go all the way to bottom of the lake, no problem with sand or rock .concret.

two sides to every story!!!!! go figure

Re: Sold my Merc 115hp last night and then it died for the new owner. What to do?

Well if Minnie 396 ever responds he should take this into consideration.The easiest way to confirm is ask him details,IF you think he is not giving you the whole truth tell him you are going to pull the lower unit and see if it fires up.So tell me the WHOLE truth now before I pull it.Might not even have to pull it,try putting it in neutral and see if prop spins,then try F/R and see if it goes one way but not the other.If you pull it when he is there which he should be and it frees up or is locked up when in neutral I would look at him and give him a piece of my mind or better yet charge him a fee for his BS .

jim765 said:

:facepalm:what he did,i think and did it my self,he was power loading and missed or wasent lined up with the trailer,ramed it into reverse,lower unit loacked up,took lower unit off,gears were shot and metal caused it to lock up:facepalm::facepalm: ,lesson learned lol.luckly, i repaired myself, back on water next day,so i would have that ckecked out , i have saw a posting on exact same issue on here, just a thought.

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Re: Sold my Merc 115hp last night and then it died for the new owner. What to do?

Caveat emptor-Caveat venditor

Re: Sold my Merc 115hp last night and then it died for the new owner. What to do?

Here is what I have signed by the buyer, and sign myself at a sale. I date it and make copies for the buyer:

Boat, Motor and Trailer are all sold "as is" to buyer. All items were inspected by buyer and met buyers standards prior to transaction. All items were deemed in good "working" order at the time of transaction, unless otherwise noted and agreed upon by both seller and buyer, and stated on this agreement. Upon signing, buyer takes full ownership of the said Boat, Motor and Trailer; and all malfunctions, or problems whether electrical, mechanical or structural that may occur after signatures are noted are no longer held under the obligation of the seller, unless otherwise noted on this agreement prior to signing.


I've used this several times, and I will not sell the boat to a person unless they sign this. I had one guy to mix his oil wrong after buying one of my boats, and tried to get me to take the blame for it.....this prevented that from happening. The same guy still emails me for advice though, and I gladly help him out when I can.