I've been scammed!

[The Nooge]

I purchased a 2004 Mercury Optimax 225 from Russ at Palm Beach Outboards in Riviera Beach, Florida. He swore that it only had 116 hours and was in immaculate condition with no problems what so ever. He said he tested it and ran it on the computer and it was top of the line. I bought it, ship it to Georgia to a marine mechanic to install on my boat. Mechanic installs it then calls and says some minor parts (boots, cables, etc.) are missing. I call Russ at PBO and he says, "Yeah, I don't check every little part. Some things may be missing." ?????. I tell my mechanic to order new stuff. My mechanic calls back in a few days and says," Hey man, you got major problems. The reed valve assembly is crushed and it happend from internal malfunction, possibly piston skirt, etc, etc......" I call Russ back at PBO. He says, "Man I don't have time to fool with this stuff! I will send you another reed valve assembly. That is all that is wrong. Just put it together and run it" ...............

OK. You get the gist. This Russ guy is a scammer and a rip off artist. What do I do? Hire a lawyer? Remember, the con lives in Florida and I live in Georgia. And to his professional con man credit, he did sell it as "No returns and No refunds." I guess he got me. Live and learn the hard way.

Any suggestions?

 

[NetDoc]

Re: I've been scammed!

Deal locally and always test, test, test. Sry it happened to you, dude. I would contact the local BBB and also the local police. If he's defrauded you, he's done it to others.

 

[JB]

Re: I've been scammed!

Reminds me of old Buck's favorite saying: "Believe nothing they tell you and only half of what you see."

Modern translation: If it isn't on paper it is a lie.

Guys like that make me soooooo angry that I become dangerous. . .to them and to myself.

Gonna move this to outboard non-repair.

 

[Gun Dog]

Re: I've been scammed!

Just a thought. How did you pay for it? Or are you embarrassed to say. Most major credit cards have insurances against this type of thing. Simply dispute the charge. The credit card company will take care of the rest.

Dirty deeds done dirt cheap!

 

[NetDoc]

Re: I've been scammed!

Simply dispute the charge.

This would be an easy out for you. I hope you charged it and not on a debit card.

 

[fishrdan]

Re: I've been scammed!

Immaculate condition with no problems, then missing parts, a buggered up reed block and who knows what else... I wouldn't be a happy camper.

How did you pay for it? If it was paid by credit card I would be disputing the charge............

 

[The Nooge]

Re: I've been scammed!

Thanks guys. I have always been very careful, except this time. He had also posted this engine for sale on eBay. I was gullible enough to believe that he was a reputable person due to his owning a dealership. I was wrong. To answer the purchase questions......I was dumb enough to let him convince me to pay through a wire transfer. I'm going to talk to a Magistrate today. There is no telling how many folks this guy has treated this way. I hope things work out so that I can shut him down for good. Thanks again!

 

[idonthaveaname]

Re: I've been scammed!

A lot depends on how you paid. Still, I would start with the Florida Trade Commission... http://www.stateofflorida.com/Portal/DesktopDefault.aspx?tabid=57

Next, check the business status at http://www.sunbiz.org/index.html

Afterwards, you may have to file in small claims.

Unless you paid cash, your bank or cc company may be able to assist, and like Bubba said, FLA ain't that far away.

 

[NetDoc]

Re: I've been scammed!

This is a sticky I have placed in every classifieds section on ScubaBoard. It was adapted by permission from Craigslist's Tips on how to avoid scams and I share this in the hopes that we'll avoid some future heartache somehow. While some of the language references ScubaBoard, the concepts are universal:

How to Avoid Scams on ScubaBoard...
You can avoid scammers and lots of frustration by following these common-sense rules:

• Buy from our advertisers! New gear from a reputable company comes with new warranties and you are supporting those who support ScubaBoard. The money you tried to save in buying used gear may not be worth the hassle. In the same regard, be careful of those listed in our Google Ads. Most are legit, but we do not vet them and have no idea how scrupulous they are.
• Deal locally and meet in person! Follow this one rule and avoid 99% of scam attempts.
• Never ever wire funds! This includes Western Union, Moneygrams, Cashier's Checks or any other wire service. Anyone who asks you to do so is a scammer. If you meet in person, use cash. If you must use the mail, use PayPal and list it as a sale or auction and not as a "gift".
• Fake cashier's checks and money orders are common so don't accept them! Banks will cash them and then hold you responsible for the funds when they are discovered weeks later.
• ScubaBoard is not involved in any transaction! We do not handle payments, guarantee transactions, provide escrow services, or offer "buyer protection" or "seller certification". Any suggestion otherwise is a lie.
• ScubaBoard offers this free service with absolutely no guarantees! We will not get in the middle of any transaction: it is yours and yours alone to make sure it's good for you. We assume no liability for anything posted here and using this indicates that you know and have read all of the rules of the marketplace and that you assume all risks associated with doing business with strangers.
• Never give out your financial information or passwords! This includes bank account numbers, your social security number, eBay/PayPal info or the like.
• Avoid any deals involving shipping or escrow services! Only scammers "guarantee" a transaction in this way.
• If a deal is too good to be true: it usually is. Don't get involved in anything that sounds too good or too easy. Scammers rely on your greed to make their money.

I need to repeat this one line:

Never ever wire funds!​

For more on this important subject, please go to craigslist | about > scams

If you feel that any post violates the letter or spirit of ScubaBoard's ToS (Terms of Service), please use the button at the bottom left of every post. Be explicit about how or why the post violates the ToS. Simply asking to edit or remove a post with no explanation will be ignored.

Classifieds' Special Rules: Please read before posting!

 

[Home Cookin']

Re: I've been scammed!

Before you go to a magistrate (which is where you would go for a criminal complaint) figure out your damages, and exactly what your contract was. Then consider this if you want to pursue a small-claims court action:

He said, "He swore that it only had 116 hours and was in immaculate condition with no problems what so ever. He said he tested it and ran it on the computer and it was top of the line." In writing? (You didn't say, but did your mechanic verify the hours?)

Add up the cost of the small items--give yourself a 50% chance of winning on that item.

Add up the cost of the reed valve and its installation--you will probably win that.

So now you have a running motor. What is the evaluation of the "piston skirt malfunction"? Is that a problem that needs to be fixed, or was it a one-time occurence? Get the cost to fix it. Now this is important: ask your mechanic whether the "pistron skirt malfunction" is something that would have been blatently obvious to the seller. If so, you might win on that item--75%. If it is not obvious, you will probably not win on it (not the seller's fault that he didn't know, so no false representation).

Figure the cost to bring your mechanic, at $90/hour or whatever, to Florida for a day in court, maybe two. You will not recover this item. ALso figure your cost to miss work and drive there, and stay the night before. You will not recover this cost.

after doing the math--is it worth pursuing?

 

[The Nooge]

Re: I've been scammed!

Thanks. Lesson learned.

 

[The Nooge]

Re: I've been scammed!

Probably not. Venting helps though.

 

[sasto]

Re: I've been scammed!

If you wish to PM me some info, I can have one of my boys look into it. There are a few around this forum that can vouch for me if you need.

 

[DECK SWABBER 58]

Re: I've been scammed!

Might want to give this a try, a whole lot cheaper then going to court.

And I'll vouch for Sasto, he's a straight up guy. Many many active members here take great pleasure in helping out their fellow boaters.

 

[Home Cookin']

Re: I've been scammed!

agreed, my point, speaking from experience, is that going to court seems easy but it isn't. And even if you get a judgment, there is no cash register in the back of the courtroom; you have to collect it. There are sometimes better routes to take

 

[Faztbullet]

Re: I've been scammed!

Here is what they have posted on their Ebay site:
"PAYMENT ON ALL USED AND NEW OUTBOARD MOTORS IS VIA CASH IN PERSON, BANK WIRES AND CHECKS. CREDIT CARDS ARE DEPOSIT ONLY AND FOR NEW USED/PARTS. ALL INTERNATIONAL MOTOR SALES ARE BY BANK TO BANK WIRE ONLY."
And a judgment is like toilet paper, you can wipe yer a** with it....

 

[gus-gus]

Re: I've been scammed!

I would hope the support you receive is enough to fix this "dealers" wagon or be enough of a threat to help you. Then a boycott of his business would be in order. A visit would be a good idea especially if you brought 8 or 10 of your closest friends (IE US!) and suggest to him it would be physically advantages to assist you in correcting his oversight.

Best Of luck, I would back you up if I could.

 

[pscrabber59]

Re: I've been scammed!

Nooge: Look at it this way at least you did'nt get "Ponzi Scheme Scammed".
That would hurt your wallet alot more.

Good luck in recovering whatever you can from that dishonest jerk dealer.

 

[Gun Dog]

Re: I've been scammed!

I willing to bet this dealer has many judgments against him. It would be interesting to check the court records. If thats the case you would have to petition a Judge to seize some assets. Most likely the dealer would be able to skirt of that too. Claiming he needs those assets to generate business to pay his debtors.

If he's incorporated and your claim is one of many you can petition the state to pull his corporation. Usually in that case he will open up under another name. The ultimate would be to get the state to ban him from doing business in that state. Again usually they just move to another state and set up shop.

Be careful if you decide to try to get people to boycott his business. If he can prove that it hurt his business in court you'll be into him for even more cash. Believe it or not he will have an easier time collecting then you.

 

[NSBCraig]

Re: I've been scammed!

You should contact Satso. He's in the area and business.

Sometimes you just need the right person to ask someone to make someone happy for them, be it Satso or someone he knows.