bought boat, cracked block, legal recourse?

[the man]

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.

see previous post. you guys are totally off base here, and running with a bad assumption. get this back on track.

 

[25thmustang]

Re: bought boat, cracked block, legal recourse?

Cracked block where? Inside, outside, water in oil, water in bilge?? Do you have any photos of the crack? Was he using the boat this season, or was it stored, listed for sale and then sold to you?

 

[the man]

Re: bought boat, cracked block, legal recourse?

Have not dis-assembled yet. Will get to that after the holiday. No water in the oil, plenty in the bilge. It appears to be coming down under the exhaust manifold. It may even be the manifold for all I know. Also it ran great for about a half hour, now maybe a bit of hydro lock? Hard to tell but turns over kind of erratic and will not run for more than a few seconds. Water pours out there even in that short time.

As far as what he did, I cannot say. I know what he told me, but that is worthless. He said he test ran it in the lake just last week and it was all fine.

 

[oldjeep]

Re: bought boat, cracked block, legal recourse?

Well, what I am learning now is that you buy a lot of boats with bad engines

 

[oldjeep]

Re: bought boat, cracked block, legal recourse?

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,

So where is it cracked, head, block or manifold? Honestly the 3.0L is pretty hard to screw up

 

[Home Cookin']

Re: bought boat, cracked block, legal recourse?

see previous post. you guys are totally off base here, and running with a bad assumption. get this back on track.

I don't think it was a bad assumption and that is the nature of these discussions, but thanks for the additional info and I stand corrected.
As for "who knows Washington law" that would be a Washington lawyer, no Washington lawyer is likely to post an answer. Go talk to one and see where that leads you; it could work out for you, but nothing is certain. With those additional facts you may have something. But your lawyer will surely have you focus on collectibility as a major decision point.

 

[the man]

Re: bought boat, cracked block, legal recourse?

So where is it cracked, head, block or manifold? Honestly the 3.0L is pretty hard to screw up

Now this is where this forum adds value. Maybe I can fix this thing for less than I expected. I used the term "cracked block" as a generic term for "cracked part from freeze damage that is resulting in cooling water not being contained per design". I had a guy who works with me tell me "the block is cracked on that boat. Water pouring out." As I said earlier, I have not disassembled yet. This thread was started to discuss possible legal recourse when being lied to about a boat's condition. The actual area and extent of the damage is not determined yet. When i get to that point, I will probably search first about the 3.0, and then start a thread if I don't find one that pertains to my situation. Encouraging to hear you say it is pretty hard to screw up though!

 

[the man]

Re: bought boat, cracked block, legal recourse?

I don't think it was a bad assumption and that is the nature of these discussions, but thanks for the additional info and I stand corrected.
As for "who knows Washington law" that would be a Washington lawyer, no Washington lawyer is likely to post an answer. Go talk to one and see where that leads you; it could work out for you, but nothing is certain. With those additional facts you may have something. But your lawyer will surely have you focus on collectibility as a major decision point.

Good advice, again. My thought was also that in these forums people can learn from reading about other peoples experiences, sometimes even more than a lawyer can tell them. and then the information, (good or bad) is there for other to see in the same situation. I will call a lwayer today to chat, but a previous poster in this thread had it right when he said that the time and money it would take I will probably be better off just fixing it and moving on.

 

[oldjeep]

Re: bought boat, cracked block, legal recourse?

Now this is where this forum adds value. Maybe I can fix this thing for less than I expected. I used the term "cracked block" as a generic term for "cracked part from freeze damage that is resulting in cooling water not being contained per design". I had a guy who works with me tell me "the block is cracked on that boat. Water pouring out." As I said earlier, I have not disassembled yet. This thread was started to discuss possible legal recourse when being lied to about a boat's condition. The actual area and extent of the damage is not determined yet. When i get to that point, I will probably search first about the 3.0, and then start a thread if I don't find one that pertains to my situation. Encouraging to hear you say it is pretty hard to screw up though!

I wouldn't be disassembling anything until you see where the water is "pouring out" - freeze plug? Single point drain hose broke?

Is there water in the oil?

 

[the man]

Re: bought boat, cracked block, legal recourse?

I wouldn't be disassembling anything until you see where the water is "pouring out" - freeze plug? Single point drain hose broke?

Is there water in the oil?

Lots of water from under the exhaust manifold. It is a small space that I cannot even get my fingers in, or see into. No water in the oil. Also, engine stopped running well. I 'suspect' water in one or more cylinders. I figured I could pull the manifolds and get a pretty good look at that point.

 

[oldjeep]

Re: bought boat, cracked block, legal recourse?

Lots of water from under the exhaust manifold. It is a small space that I cannot even get my fingers in, or see into. No water in the oil. Also, engine stopped running well. I 'suspect' water in one or more cylinders. I figured I could pull the manifolds and get a pretty good look at that point.

If it is under the manifold - first make sure that one of those 2 blue hoses is still connected to the manifold. Also make sure that someone actually rehooked up the single point drain and the 2 hoses are not just sitting down in the bilge.

 

[jkust]

Re: bought boat, cracked block, legal recourse?

Ok so I'm still struggling with the Massachusetts law that covers private party sales. That synopsis seemed to indicate you have 14 days to beat the heck out of a car and still have the right to ask the seller to pay for your damage???

 

[Pez Vela]

Re: bought boat, cracked block, legal recourse?

This is what I found as a quick summary:

"The Used Vehicle Warranty Law requires private party sellers to inform buyers about any and all known defects which impair the safety or substantially impair the use of the vehicle. The law applies to all private party sales regardless of sales price or mileage. If the buyer discover a defect that impairs the vehicle's safety or substantially impairs the use, and can prove that the seller knew about the defect but failed to disclose it, the buyer may cancel the sale within thirty days of purchase. The seller must refund the amount the buyer paid for the vehicle, less 15 cents per mile of use."

Trying to legislate good moral behavior is always going to be an exercise in futility if you ask me. There are just too many things that the used car buyer must prove: PROVE there's a defect, PROVE the defect is a safety defect or a impairs its use, PROVE the seller knew about it (good luck with that), PROVE the seller didn't tell you (NOW THAT'S A GOOD ONE!)

I guess all private party used car sales are going to have to be audio/videotaped or else you might as well just buy a new car, and donate it to charity when you're done with it.

 

[tpenfield]

Re: bought boat, cracked block, legal recourse?

Ok so I'm still struggling with the Massachusetts law that covers private party sales. That synopsis seemed to indicate you have 14 days to beat the heck out of a car and still have the right to ask the seller to pay for your damage???

Yea, better off to trade it in and let a dealer take the risk.

 

[frantically relaxing]

Re: bought boat, cracked block, legal recourse?

I've seen 2 of these engines with cracked blocks. Both of them broke in the same place, towards the front of the motor, pretty much right under the exhaust manifold. Feel around under there, beware of sharp shards of cast iron poking out...

 

[the man]

Re: bought boat, cracked block, legal recourse?

I've seen 2 of these engines with cracked blocks. Both of them broke in the same place, towards the front of the motor, pretty much right under the exhaust manifold. Feel around under there, beware of sharp shards of cast iron poking out...

yes, i am going in with an inspection cam n the morning.

re: the blue hoses- as hokey as those blue hoses look, it doesn't seem any way that it could be those. cant even figure out what that pull handle does- it just attached to a slide that goes up and down the hoses. either it has some parts missing or it is totally useless.

 

[oldjeep]

Re: bought boat, cracked block, legal recourse?

yes, i am going in with an inspection cam n the morning.

re: the blue hoses- as hokey as those blue hoses look, it doesn't seem any way that it could be those. cant even figure out what that pull handle does- it just attached to a slide that goes up and down the hoses. either it has some parts missing or it is totally useless.

Time for you to look at a manual The way it works is that when you are ready to winterize you release both hoses from the panel with the handle and then push the hoses down into the bilge. The other end of one hose is attached to the manifold and the other hose is attached to the block drain. The handle is used to pull them back up to the plate when you are ready to reconnect them and run the boat in the spring.(not really necessary I know, but it make s the whole process monkey proof)

So if both hoses are currently clipped to the block by the handle then make sure that the other ends of the hoses are hooked up to the manifold and block. Also behind the manifold are the 2 freeze plugs.

 

[the man]

Re: bought boat, cracked block, legal recourse?

pulled manifold off- cracked right between the freeze plugs. glad to see they worked well--- not. here is a question : are the old (circa 1985) 3.0l blocks the same as this 2005? I found a rebuilt 1985, but the blocks seem to be scarce otherwise.

 

[tpenfield]

Re: bought boat, cracked block, legal recourse?

"freeze" plugs are actually 'core plugs' . . .they are not to prevent freeze damage . . . they are put there to clear the casting remains out after the fabrication process.

 

[oldjeep]

Re: bought boat, cracked block, legal recourse?

pulled manifold off- cracked right between the freeze plugs. glad to see they worked well--- not. here is a question : are the old (circa 1985) 3.0l blocks the same as this 2005? I found a rebuilt 1985, but the blocks seem to be scarce otherwise.

No, they are different, the cutoff is somewhere around 1990/91

This is what you want
3.0L Marine Engine, REMAN (1990-Current)