bought boat, cracked block, legal recourse?

[Cannondale]

Re: bought boat, cracked block, legal recourse?

Incidentally, you can't tell by pullng the dipstick because oil doesn't circulate through the dipstick tube).

Sorry, but what? While it may be true the dipstick's tube doesn't circulate oil, the dipstick certainly does stick down into the oil so you can see what it looks like. So, while true the dipstick doesn't circulate oil, it doesn't need to....it's in the oil all the time.

 

[hostage]

Re: bought boat, cracked block, legal recourse?

I would email and see if you can get him to mention that the block wasn't cracked. I think the worst thing to do is to threaten someone right off the bat, you might **** him off. Usually most people don't want to be jerks, so working with him and not yelling at him, might be the best way to get through.

-Hostage

 

[smokeonthewater]

Re: bought boat, cracked block, legal recourse?

Again TALK to the lawyer..... THEN talk to the seller... the lawyer will likely have instructions for you on what to say and what not to say or specific questions to ask and how to ask them.

 

[shrew]

Re: bought boat, cracked block, legal recourse?

Sorry, but what? While it may be true the dipstick's tube doesn't circulate oil, the dipstick certainly does stick down into the oil so you can see what it looks like. So, while true the dipstick doesn't circulate oil, it doesn't need to....it's in the oil all the time.

If you say so. So I have no idea why why I pull a dipstick is looks ok, then I drain the oil and it's beige. This is immediately after running it. Is puling the dipstick a valid means to determine whether there is water in the oil? i've never had any luck with this myself. What am I doing wrong?

 

[Home Cookin']

Re: bought boat, cracked block, legal recourse?

Boats aren't cars and boats aren't new cars and boats aren't vehicles so forget any statute that pertains to cars or vehicles.

The best advice is not to get legal advice on the internet. That being said, Pez Vela's legal advice is about the best legal advice I've seen on the internet. So don't give up so easy, Pez; Massachusett's Lemon Laws do not apply to boats, used boats, or boats sold in Washington--you are still right!

Here's advice that is good for the internet--you are usually better off avoiding a fight than winning one. Talk to the guy.

In many cases, you cannot return the item and get your money back. Instead you might get damages. Here, that could be the value of that very boat without a cracked block minus the value of the boat with a cracked block. To prove this in court you have to hire an appraiser and hire him to come to court. Worth it? No way.

 

[UncleWillie]

Re: bought boat, cracked block, legal recourse?

If you say so. So I have no idea why when I pull a dipstick it looks ok, then I drain the oil and it's beige. This is immediately after running it. Is puling the dipstick a valid means to determine whether there is water in the oil? I've never had any luck with this myself. What am I doing wrong?

In Many Marine engines the Dipstick does not measure the Oil level in the pan directly.
The oil circulates around the engine but not around the dipstick.
A picture is words a thousand word.


The Dipstick oil might still look brand new and Clean after 100 hours.

 

[Pez Vela]

Re: bought boat, cracked block, legal recourse?

Pez Vela's legal advice is about the best legal advice I've seen on the internet.

I don't care what they say about you homey, your tops in my book. You're being too kind of course, but I'll take it anyway. Keep the legal questions coming. My answers are free and worth every penny.

 

[tpenfield]

Re: bought boat, cracked block, legal recourse?

Keep the legal questions coming. My answers are free and worth every penny.

Mine too

 

[Don S]

Re: bought boat, cracked block, legal recourse?

I want to be in a courtroom some day when the Plaintiff says "He sold me a boat with a cracked block, "as is" no warranty, and the guys on the forums say he should give me my money back or pay for new parts."

and the accused says "I ran antifreeze through it like they said on the internet and it's worked fine for years".

I want to see if the judge laughs and dismisses the case, or his eyes roll to the back of his head and he passes out, or he cradles his face in both hands and cries like a baby, or beats his head against the wall, or just glares at the plaintiff and points toward the door.

 

[Pez Vela]

Re: bought boat, cracked block, legal recourse?

I want to be in a courtroom some day when the Plaintiff says

"Hi Judge you're kinda cute ..."

I want to see if the judge laughs and dismisses the case, or

awards a full refund with treble damages.

 

[frantically relaxing]

Re: bought boat, cracked block, legal recourse?

Just because the block is cracked doesn't mean there's going to be water in the oil, many block breaks are limited to the outside of the engine. I've known more than one guy who sealed up a crack with JB weld and just pumped whatever leaked past the repair out with the bilge pump. Usually for years. One friend installed an electric fuel pump for his engine and used the engine's fuel pump to pump the leak-water out. Worked great!

As for oil on the dipstick tube-- if there's so much as a 1/4 teaspoon of water in your oil, you're going to have discolored oil You have less than 2 gallons of oil in the pan and it's pumped thru the engine at 13 gallons a minute at cruise speed, doesn't take long at that rate to mix it up. And within a short period of time, creamy sludge will start forming on the insides of valve covers and and vacuum or crankcase vent hoses.

 

[moosehead]

Re: bought boat, cracked block, legal recourse?

Caveat emptor. No water test before buying a boat = Ben Dover and grab your ankles.

All that said, hopefully being polite yet direct with the seller brings a miracle. If the guy knowingly and fraudulently sold you damaged goods, then he expects a dogfight. Maybe he was unaware, and perhaps will behave honorably.

 

[Home Cookin']

Re: bought boat, cracked block, legal recourse?

I want to be in a courtroom some day when the Plaintiff says "He sold me a boat with a cracked block, "as is" no warranty, and the guys on the forums say he should give me my money back or pay for new parts."

and the accused says "I ran antifreeze through it like they said on the internet and it's worked fine for years".

I want to see if the judge laughs and dismisses the case, or his eyes roll to the back of his head and he passes out, or he cradles his face in both hands and cries like a baby, or beats his head against the wall, or just glares at the plaintiff and points toward the door.

sadly you see that stuff all the time--due to the TV court shows, which are as realistic as reality shows, meaning not at all. Those types are a pain for everyone else trying to do it the right way. And you get lots of people coming in with contracts and leases they got from the internet which don't work, hearsay evidence, trumped up damages, and judges who don't know the law. Just when you thought you've seen it all, here comes a new one.

 

[ajax5240]

Re: bought boat, cracked block, legal recourse?

If you say so. So I have no idea why why I pull a dipstick is looks ok, then I drain the oil and it's beige. This is immediately after running it. Is puling the dipstick a valid means to determine whether there is water in the oil? i've never had any luck with this myself. What am I doing wrong?

You are looking at the oil on a metal background and in a thin film state. It is easier to see the issue with a quantity of oil in a container.

You won't really be able to see the "milkyness" simply by pulling the dip stick, unless it is really bad or the engine just ran enough to whip it up really good. To get a good oil condition when worried about water, pull the oil filter and dump the contents into a cup.

But, your point about not being able to see it because the tube is not circated with oil is not an accurate one.

 

[pikefisherman]

Re: bought boat, cracked block, legal recourse?

I would suggest NOW let a qualified marine mechanic take a look, then contact the seller with the facts. You have nothing to loose. Good Luck.

 

[hostage]

Re: bought boat, cracked block, legal recourse?

I don't think the OP mentioned what he paid for this thing. If it was an expensive boat, then you might want to consider a lawyer. Though if you spent $1500 on this boat then a lawyer or any other professional would be a waste IMHO. In the case of a cheap boat, I would work it out with the previous owner. I tried to look up what boat you have on the forum and I see nothing mentioned of this and only see you talking about an outboard, a Volvo, 5.0L, mercrusier and a 4.3L mercruiser. We can give you people and xp advice, though don't take legal advice from us. So what boat, year, and how much did you spend on this thing?

 

[oldjeep]

Re: bought boat, cracked block, legal recourse?

I don't think the OP mentioned what he paid for this thing. If it was an expensive boat, then you might want to consider a lawyer. Though if you spent $1500 on this boat then a lawyer or any other professional would be a waste IMHO. In the case of a cheap boat, I would work it out with the previous owner. I tried to look up what boat you have on the forum and I see nothing mentioned of this and only see you talking about an outboard, a Volvo, 5.0L, mercrusier and a 4.3L mercruiser. We can give you people and xp advice, though don't take legal advice from us. So what boat, year, and how much did you spend on this thing?

http://forums.iboats.com/volvo-pent...5-350-swap-ecm-issues-606019.html#post4222734

2006 305 GXI

Interesting that he knew end of May that it had a cracked block and now it is an issue - guessing that the swap isn't going well

 

[Home Cookin']

Re: bought boat, cracked block, legal recourse?

http://forums.iboats.com/volvo-pent...5-350-swap-ecm-issues-606019.html#post4222734

2006 305 GXI

Interesting that he knew end of May that it had a cracked block and now it is an issue - guessing that the swap isn't going well

In court cases that is call A Bad Fact. Clients are notorious for not telling their lawyers these things, and when the lawyer finds out about a case killer, it's usually deep into the process and expenses are already up. The worst is when it comes up at trial. There are a number of reasons why they hold back information, and it never works out well. Often patients do the same thing with doctors.

such as here: the best advice given, by several people, was to go back to the seller and see about working something out. Cancel that, six weeks later and the motor on the floor of the garage. The one real remedy is gone.

 

[tpenfield]

Re: bought boat, cracked block, legal recourse?

In court cases that is call A Bad Fact. Clients are notorious for not telling their lawyers these things, and when the lawyer finds out about a case killer, it's usually deep into the process and expenses are already up. The worst is when it comes up at trial. There are a number of reasons why they hold back information, and it never works out well. Often patients do the same thing with doctors.

such as here: the best advice given, by several people, was to go back to the seller and see about working something out. Cancel that, six weeks later and the motor on the floor of the garage. The one real remedy is gone.

We "Internet Forum Lawyers" still get our regular fee though . . . right ???

 

[the man]

Re: bought boat, cracked block, legal recourse?

http://forums.iboats.com/volvo-pent...5-350-swap-ecm-issues-606019.html#post4222734

2006 305 GXI

Interesting that he knew end of May that it had a cracked block and now it is an issue - guessing that the swap isn't going well

NO- this is a different boat. I have quite a few. You should know what you are talking about, not make assumptions based on a previous post. I am an idiot for buying this current this boat, and you might be joining me for making that post.That swap that you linked ended up very well thanks to the advice from Don S, and she is running great!

Anyway, I really appreciate all the responses here! This one was my mistake no question, but I certainly would get a lawyer if I decided to take action. I was just wondering if anyone KNEW what the laws were in Washington State, and / or if anyone had a similar experience.

The seller knew it was cracked, there is no question. There is a lot of evidence of that looking back. Possibly the most telling is his response when I contacted him. It was not "oh wow you are kidding" or something to that effect. He just went right into a rehearsed "you bought a used boat" routine, and kept repeating it like a mantra until I finally just hung up.

So after further thought, and reading some sage advice in this thread, it is lesson learned. I actually knew better BEFORE I bought it, I just got in a hurry and trusted the guy. For what reason I trusted him I am not really sure. I guess I just keep hoping that human nature is to be honest, and that people believe in Karma like I do. Believing in it, I figure he will get his- I will just let him wallow in his misery and fix this thing myself.

For the record, it is a 2006 Bayliner 175 with a 3.0L, in absolutely perfect COSMETIC condition and I paid $8000. I made the original post TWO DAYS after the purchase,