My new boat nightmare.....Resolved!

[ezmobee]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

What a shame. It sounds like the dealer got a discounted boat from Starcraft that had issues. They probably looked it over and found it to be close enough to mint condition and figured they could sell it as brandy new. If you have know it was a "factory second" (for lack of a better word) you may still have bought it, but you certainly would have visually gone over it completely. You are in the right but I'm sure you're in for a long annoying road to redress.

If it makes you feel any better (it won't) from some other reports I've read on here, even genuine brandy new Starcrafts are not without their flaws A fellow with a similar Islander and a completely failed paint job comes to mind.

 

[ricohman]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

OK, called the manager and he does not seem to know why this has happened. He said they bought all the remaining 2011 Islanders. 14 Islanders in all. They have sold 6 or 7.
He is going to call me back in the next day or two after he has all the answers. That seems long to me. He should be able to sort this out within hours. But I'm always polite and thanked him for his time. If they gave me the only "no warranty" example because I live on the other side of the country they may have a surprise. I'd hop in my F350 and drive this thing back pronto, and they can pay the fuel bill.
If they have a good example I want another boat. But that's unlikely to happen. This boat has never been run yet so I don't see what the problem would be. Unless the $6000-7000 transport fee there and back is a problem.

 

[lncoop]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

Don't waste anymore time, hire an attorney.

Seems a little soon for that. Just my opinion.

 

[jasoutside]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

He is going to call me back in the next day or two after he has all the answers. That seems long to me. He should be able to sort this out within hours.

Agreed. There is an issue. You even gave him photos of the problem. One look should have prompted something like...

"OK, I can see the issue. I have a couple/few options we could talk through.... How would you like to proceed?"

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End of the day tomorrow he should have a good answer for you.

 

[ricohman]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

Agreed. There is an issue. You even gave him photos of the problem. One look should have prompted something like...

"OK, I can see the issue. I have a couple/few options we could talk through.... How would you like to proceed?"

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End of the day tomorrow he should have a good answer for you.

For some reason this manager had not seen the pics I sent the salesman. They have some communication problems there and this is a big dealership so that could be an issue.
But in the end they need to answer the most important question.
Why did they sell this to me as a new boat with full warranty when it obviously lacks the latter? Seems like a shady business deal but why would a place that has millions in inventory, and much larger deals, screw me around on something like this? It makes no sense from the business end or the legal end.

 

[option]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

Don't waste anymore time, hire an attorney.

100% agree. Don't waster your time and don't let time slip away. Otherwise they won't take it serious. In US, you can try local court for small claims, no attorney needed and the judge is generally reasonable, but the claim needs to be lower than 10k USD.

 

[option]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

I don't have experience on boat. But I have experience when buying house and also experience dealing with a roofing company.
I hired an attorney and sent every letter through the attorney or his associates. All the problem/disputes were resolved fast and easy because the procedure (certified, signed letter, firm reply request, etc) really can make difference.

And it surprised me that attorney actually did not charge a lot ($450), because most of the work were done by his assistance, he only signed the letter. when dealing with the roofing company, my phone call can be hung for hours, nobody gave a damn to me. Attorney really helped in my case!

For some reason thie manager had not seen the pics I sent the salesman. They have some communication problems there and this is a big dealership so that could be an issue.
But in the end they need to answer the most important question.
Why did they sell this to me as a new boat with full warranty when it obviously lacks the latter? Seems like a shady business deal but why would a place that has millions in inventory, and much larger deals, screw me around on something like this? It makes no sense from the business end or the legal end.

 

[ricohman]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

Just got a reply from Starcraft.
They have verified that the boat was sold to the dealer as a disounted unit due to the paint flaw and any other exterior flaws. No cosmetic warranty.
They have offered to send me paint so I can redo this spot. I would rather spray it with my gun if it comes to this but why should I have to respray my new boat? I could have kept the old one if I wanted to do paint work. Its not Starcrafts fault, this is a dealer issue.
I am hoping this was just a mistake. But my gut tells me otherwise.

 

[RogersJetboat454]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

I'm with the majority here...

See if the dealership will make it right before you sick an attorney on them. If the sales manager stonewalls you, or outright ignores you from this point on, then let your fingers do the walking, and get the law offices of Dewey fleecem and Howe involved.

 

[jasoutside]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

Oh yah, that dealer knew it was discounted. And they sure as heck knew they were selling you a "new" rig vs. a "cosmetic blem" rig!

Yup, I'd be expecting a fat ol check in the mail from that dealer. Like this week.

 

[Pez Vela]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

Just got a reply from Starcraft.
They have verified that the boat was sold to the dealer as a disounted unit due to the paint flaw and any other exterior flaws. No cosmetic warranty.

Trust but verify. Who would buy a big ticket item without inspecting it first? I guess that would be you. So you got had by a dishonest dealer who saw you coming. It happens every day. I would work with Starcraft if possible to put pressure on the dealer to refund an amount equal to the discount the dealer received. You have no leverage with the dealer that I can see. The boat's cosmetic flaw is disappointing for sure, but not enough to prevent you from thoroughly enjoying it out on the water where it belongs. This too shall pass.

 

[Home Cookin']

Re: My new boat nightmare.....

Re: My new boat nightmare.....

Just got a reply from Starcraft.
They have verified that the boat was sold to the dealer as a disounted unit due to the paint flaw and any other exterior flaws. No cosmetic warranty.
They have offered to send me paint so I can redo this spot. I would rather spray it with my gun if it comes to this but why should I have to respray my new boat? I could have kept the old one if I wanted to do paint work. Its not Starcrafts fault, this is a dealer issue.
I am hoping this was just a mistake. But my gut tells me otherwise.

You're making good progress. You got Starcraft to understand the issue, respond, and offer to help out some. Since you nkow how to paint and have the equipment, it's not 100% but it's not a bad offer either.

Starcraft correctly knows it's a dealer problem--it's offer is purely driven by customer relations and not liability (b/c there is none).

But the dealer knew what he was doing--I bet he didn't show that boat to walk-ins; conveniently he covers it to sell to the guy from 3000 miles up in the tundra. With knowing that about his character, don't expect him to volunteer much (don't "expect a fat check"). he doesn't care about customer relations and you being an out of towner isn't much of a threat in that regard.

So how can you put pressure on him? From upstairs. Starcraft. He's a dealer and doesn't want to lose his flag. Thank Starcraft profusely for its accomodation and express serious concern about this black sheep lyin' cheatin' thievin' uncarin' dealer USING THEIR GOOD NAME!! Make Starcraft your ally.

Also figure out your settlement point. You aren't getting another boat. What would make you happy, that they can provide?

PS IF I recall correctly, when you went to pick up and inspect the boat, they had already covered the flaw and encouraged you not to look at it but diverted you to look at a similar boat. I'm not going to give you legal advice but I'll bet my lunch money when you talk to a lawyer, he's going to jump on that like a duck on a june bug. At least where I'm from, such fraudulent concealment obviates caveat emptor.

 

[Jhudds]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

Simple case of bait and switch.

The dealer knew the boat was "damaged/ blemished" and purchased as such, then they sold it under the guise as new, unblemished. If they sold it with any blemishes they would have totally noted it in your paperwork by law they are required to. I would send a letter to Starcraft and the dealership, stating that the item they gave you is defective and not what was described or disclosed by your paper work that the boat was anything other then new, or that there was any deficiency in the boat or warranty on the boat. Demand them to either refund your purchase and return the boat, exchange the boat for another or discount the price and refund you the difference immediately. Also inform them that you are going to be forwarding the letters to your attorney and the local media, and that you would prefer to not involve the courts, but will be happy to do so if your demands are not met.

Do not agree to allow any work to be done on the boat, unless you have been fully compensated for the defect. They can not make this go away with offers of repairs, remember Starcraft will not warranty the boat. You purchased in full price, a NEW boat. Get your New boat. If you do agree to compensated to keep the boat, I would make the dealership make available to you an extended warranty for the boat. to cove the gap in warranty that Starcraft is not covering.

Its a shame but this sounds like a bad dealership. It could be an honest oversight, but somehow I doubt it. Do not let the dealership get away with it. I would also get the local news media from your town and the town the dealership is in to try and bring exposure to this deal. I would include that info in the letter to the dealership as well that you'll contact the local media and news about their business practices. No dealership would want to have a reporter on camera in the showroom shoving a mic in the mangers face asking if they knew the boat was defective when they sold it to you.

You have a lot of leverage, bring it to bear on these bastards.

 

[rivermouse]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

Oh yah, that dealer knew it was discounted. And they sure as heck knew they were selling you a "new" rig vs. a "cosmetic blem" rig!

Yup, I'd be expecting a fat ol check in the mail from that dealer. Like this week.

I know that at car dealerships the salesmen get paid a bonus if they unload or sale "certain " cars . I assume the salesman saw a chance to get rid of one of the "special" units and picked you for the sucker. They knew that you wouldnt completely unwrap it and took advantage of this....I blame the salesman

 

[wagnerz]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

If you end up getting an attorney, at least you live in Canada. The government puts lots of restrictions on how much they can make, so it most likely won't cost you as much as it does in the United States.

 

[oops!]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

yep....thats bait and switch.

what province/state did you order the boat from?

did they tell you this was a factory second....

what does the paper work say.

if they say nothing about it being a factory second. if the paperwork says a new boat. and the dealer ship says it was new and not a second.

call starcraft...and get someone to put it in writing that it was a factory second....(or discounted unit).

when you have all the paper work in order.....and can prove on paper the boat was sold to you as new ans not a second. call the dealer ship and tell them to ship you another boat free of charge.

if they say no.......call the rcmp, they must act on a complaint.

this is fraud.

 

[oops!]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

by the way....if you bought this boat in the states.....you are hooped.

use starcraft to possibly get what you can.

but in canada.......the Royal Canadian Mounted Police. go all across the country......and they will

 

[bajaunderground]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

This sucks...definitely a dealership issue (we call 'em stealerships 'round here!). My advice, do all the communications in writing/email. I know phone conversations are faster; however, in a court case (Gawd I hope not!) documentation is everything, plus it shows the judge how you've approached and escalated the issue with the dealer, at the very least follow-up every conversation with an email clearly stating what was discussed agreed...even if it's what you want...get it in writing.

IMO, you've paid for a new boat, you should get a new boat, period! I wouldn't settle for anything less (however stubborn that may seem?) If they violated any consumer law, I'd press that issue as far as I could!!!

 

[ricohman]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

To answer many questions.....
Yes, I'm an idiot. I drove across the country to buy my dream boat. I had arranged for the dealer to do the PDI and set the boat up, then winterize it and wrap it for transport. When I think about the wrap I think they offered to do this and I was not charged. I believe the wrap could have been mostly from the factory? I asked multiple times for them to go over this boat and inspect it to make absolutely sure it was 100% because I do not live there.
They assured me all this was done and then the boat was wrapped.
I bought the boat in Canada, as I live in Canada.
The bill of sale states the boat is new. Thats brand new.
I was not told anything about discounts or damage and I was assured of full warranty.
They gave me a complete demo on the new Islander 221 in the showroom.
I spent about 2.5 hrs picking up my new boat. I was in no hurry and I certainly was not going to make them unwrap it. It was nearly snowing in mid October.
So yes, I am a trusting idiot who probably got suckered.
Starcraft is going to try and send me paint, reducer, hardener and the lower stripe so I can repaint my "new" boat. But before I do anything I am going to wait to see what the dealer has to say. If this does not go my way then I am going to have to pursue legal action. I work in a commercial crime unit so I know this transaction is mostly a civil matter, which has its good points as the burden of proof is far lower than in criminal court.
And I will be stating more specifics so all can avoid a similar fate at this dealer.

 

[PS94]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

It's good to hear that starcraft is stepping in to help out, even though the dealer was the one who 'failed to disclose'
If you don't mind me asking, which direction did you travel to buy your baby? Alberta, or East?