My new boat nightmare.....Resolved!

[1216bandit]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

It makes me just sick reading what you are going through. Stick to your guns, your not asking for the moon just what you paid for...a new boat in new condition. Maybe its time to get off a registered letter to the owner by priority post and let him know a copy is being sent to your lawyer.

 

[ricohman]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

richo.......the above post suggests you are seeing this as a warranty issue.......it is not.

my store specialized in factory seconds, re furbs, and scratch and dent..........legally i had to make very clear to the customer that they were damaged goods or "blems" if i did not.....it was a very serious matter of mis representing the product

imho......misrepresentation is the issue here.....not a warranty......
you know they purchased factory seconds from the manufacture.......you bought one of these factory discounted seconds as a flawless unblemished boat......they have misrepresented the product.






now you are talking....


to the iboaters........

as a canadian......there are several courses of action i would like to post.....but as a mod i cant.

but i do know.......there is stregnth in numbers

I never knew this. I wil bring this up tomorrow. If a dealer buys a factory 2nd he has to disclose it? This is very interesting indeed. I am no expert on retail laws but this is called false pretence under the criminal code.
Maybe they admit this was a mistake, will send me a new boat and take this back and sell it properly as a factory 2nd.

 

[funk6294]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

Sorry to hear about your issues with this dealer and it sounds like you have recieved some pretty sound advice so far. With this dealer selling you a factory refurb boat as new would make me a little suspect of the rest of the inventory he has on sight. I doubt he bought just one if the price were right, so if he is giving you another, check with StarCraft to ensure it is new and warranty is valid.

 

[oops!]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

I never knew this. I wil bring this up tomorrow. If a dealer buys a factory 2nd he has to disclose it? This is very interesting indeed. I am no expert on retail laws but this is called false pretence under the criminal code.
Maybe they admit this was a mistake, will send me a new boat and take this back and sell it properly as a factory 2nd.

yes he does !!!!

that is why i have been saying all along this was a criminal case.

from my dealings with sears legal.....it is very important to represent your product carefully.....if it is a factory first.....you can just say a xxx product......but if its a scratch and dent.....you must say it !!!
the product is flawed.....you must give full disclosure or it is misrepresentation.

(i also have a long background in advertising)

that is also why i asked if the paper work on your end mentions anything about a factory second......you must check that, read the fine print.

if it does not not say that on your paperwork.....and you have confirmation that starcraft sold them seconds, and this was one of them.

then you can ask the dealership if there was a mistake made..(if they shipped you the wrong boat)...if they say no......then this is misrepresentation and its criminal.

im not sure of your title.......but if you are an officer of the law....then you could call as such. (or have your department do so)

 

[ricohman]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

My contract says new boat. There is nothing on it to indicate anything otherwise and absolutely nothing was stated verbally.
I've read the warranty card and defects like this may be present and repaired in the first year. Which means thay they do not promise that a boat is defect free. Fair enough. But I do not have that limited one year warranty. And I guess my hull warranty does not cover the damaged rivets.
The white vinyl padding on my boat is also a bit yellow on top from sitting in the sun. But UV can penetrate a wrap. So my 5 year trim warranty should cover that but I think that also falls under cosmetics. The warranty is tricky to read but I cannot believe under normal circumstances that Starcraft would deny warranty for the defects I've noted.

 

[Chip Chester]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

Sounds like some interesting discoveries that will help your case going forward. It might be better to keep the fact that you're in law enforcement out of the discussion, for the time being. Just let your lawyer handle things in normal fashion. That way they can't come back and say you threatened them or something.

Chip

 

[salty87]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

i'd go for canceling the sale completely as opposed to a new boat. they take the boat back and you get your money back. you did not receive what you were apparently told you were getting. there's no need for you to paint a new boat. they have their boat back and can do whatever they want with it.

i'd take this up with corporate. the dealer has had a chance and doesn't give a carp. tell corporate you'd just like to get rid of their boat that was completely mis-represented. they'll probably agree and should lean on the dealer to man up before it gets legal.

your paperwork apparently doesn't match the factory's. yours says that hull is new. the factory says it was a blem. the factory won't be happy with the dealer.

 

[ricohman]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

your paperwork apparently doesn't match the factory's. yours says that hull is new. the factory says it was a blem. the factory won't be happy with the dealer.

I don't think the factory has any "blemished" warranty cards. If the above is true, the dealer should have disclosed this to me.
I am eagerly awaiting their response tomorrow. But they probably won't call. I would like to be there when they go back and forth with the factory on who is responsible. The factory is definately not. I also wonder if the salesman knew this particular boat had these faults? The service manager didn't seem to know anything about this and I found that odd. Perhaps this was a giant error?
Either way, I am going to tell them to prep another Islander and get it on a truck.
I want to be fishing very soon. The neighbor just showed me a pic of the 25lb Jackfish they caught up in Nipawin. Plus limiting out on Walleye. And I have this problem.

 

[oops!]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

chip.....

in canada, there are very different rules between civl and criminal.

if the RCMP (the cross canada police) find that a criminal act has taken place.....they are OBILGATED to act.

not just act on a complaint,,,,they cannot stop till they find that either there are not enough fact to press charges, or they do infact press criminal charges....the rcmp only act with a possibility of a criminal act being commited. if they deem this as civil...they will not touch it.

however i beleive a criminal law has been broken....a lawyer representing richo, would be for a civil suit. there for, legal counsel for rico would be to get damages, after the criminal case is investigated.

if this is criminal, rico doesnt have to do anything but report it to the police.....give a statement....and sit back.
it would be the dealerships worst nightmare

 

[jigngrub]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

Either way, I am going to tell them to prep another Islander and get it on a truck.

I don't think that's going to happen.

You're that one that decided to deal with a seller 2 provinces away, and I don't think you'll ever get any satisfaction if you're going to wait for them to bring you another boat. The lakes will be frozen over and you'll still be haggling with them trying to get them to bring you another boat.

... being 2 provinces away also makes it easier for them to ignore you.

 

[ricohman]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

chip.....

in canada, there are very different rules between civl and criminal.

if the RCMP (the cross canada police) find that a criminal act has taken place.....they are OBILGATED to act.

not just act on a complaint,,,,they cannot stop till they find that either there are not enough fact to press charges, or they do infact press criminal charges....the rcmp only act with a possibility of a criminal act being commited. if they deem this as civil...they will not touch it.

however i beleive a criminal law has been broken....a lawyer representing richo, would be for a civil suit. there for, legal counsel for rico would be to get damages, after the criminal case is investigated.

if this is criminal, rico doesnt have to do anything but report it to the police.....give a statement....and sit back.
it would be the dealerships worst nightmare

If worse comes to worse, I will pursue this criminally as well as in the civil courts. The RCMP , unless they are the police agency in Port Colborne, won't be investigating. I will file the original where I live (and I work in that office) and then we will forward it to the other agency for their consideration. That will get the criminal aspect going. Civil courts require a far less burden of proof. I don't see how I could lose this in a civil case unless the law specifies that a dealer can sell a new boat this way. But I would be looking for legal costs in a court settlement and if it drags on I may very well not be fishing this year at all. And that really sucks.
I do not see any reason that the dealer would not want to settle this asap without police or civil court action. It makes no sense for their reputation and the world today is a very small place.

 

[ricohman]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

The only thing that is worrying me is time. If they drag their heels I will be getting this boat wet. And I don't want to touch a thing until I hear about a solid outcome.
And the trailer.
This trailer has 3000kms, so the boat would have to come off and I don't have a huge crane.

 

[ricohman]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

I don't think that's going to happen.

You're that one that decided to deal with a seller 2 provinces away, and I don't think you'll ever get any satisfaction if you're going to wait for them to bring you another boat. The lakes will be frozen over and you'll still be haggling with them trying to get them to bring you another boat.

... being 2 provinces away also makes it easier for them to ignore you.

They don't have to send another boat if they offer to fix this one. This is a beautiful boat except for the mentioned flaws.
But I feel sending another boat could be cheaper than repainting this hull.

If you would have told me that boat dealers are most likely crooked and dishonest I would never have dealt this far away. And I would have removed the wrap and looked at it before towing it away.
Live and learn.

 

[island mike]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

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

Well said,Mouse.

 

[island mike]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

Well,Ricoh, I did what you said and just read the whole thing,I am kinda speechless... This Thing stank from the get go...
Just about had a heartattack at the part when they offered you the paint..I was almost screaming at the screen:NO,NO,NO!!!DO NOT TOUCH THE BOAT!!!!! ITS A TRAP!!!
You have had exellent advice on here,And I am not going to add anything because its all been said...its all up to you now,I would not wait any longer. Treat this as the crime scene that it really is,
I really, REALLY hope you push this through so that this wont happen to others..You have a good case,You got them by the balls so
forget about the fishing,DONT TOUCH the boat and push this thing as far as it can go...You have all the means.You WILL succeed. They are just stretching this to make you give up.
Dont,Please.
Regards Island mike.

 

[catfishcarl99]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

jigngrub------I don't think that's going to happen.

You're that one that decided to deal with a seller 2 provinces away, and I don't think you'll ever get any satisfaction if you're going to wait for them to bring you another boat. The lakes will be frozen over and you'll still be haggling with them trying to get them to bring you another boat.

... being 2 provinces away also makes it easier for them to ignore you.

thats why if they refuse he needs to get a lawyer. as they screwed him plain and simple. i would not let this be ignored. if walmart sold ma a broken item i take it right back for exchange. no different here. they sold him a POS and he paied for a new one.

and i agree. the offer of paint and decals. i would have blown the speakers out on thier end with the F**(&((* you's! i mean that would have been my breaking point and called moe moe and moe's attorney's office.

 

[PS94]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

I'm not sure of the ethics of this, or if you'd be allowed, but can you continue the e-mail correspondence from your work e-mail?
Might light a fire under the sales manager if he sees "Inspector'ScrewedByUs'@gov.rcmp.ca" as the sender's e-mail...

 

[ezmobee]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

and i agree. the offer of paint and decals. i would have blown the speakers out on thier end with the F**(&((* you's! i mean that would have been my breaking point and called moe moe and moe's attorney's office.

The offer of paint and decals was from Starcraft directly. They owe him nothing so I feel it was a nice gesture. Not as nice as helping him work this out with the dealer though.

 

[ricohman]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

The offer of paint and decals was from Starcraft directly. They owe him nothing so I feel it was a nice gesture. Not as nice as helping him work this out with the dealer though.

Thats true. Starcraft owes nothing in this regard. I think they are going to send paint anyway. I'm not painting this boat though. The dealer should call me today. They are going to see the email I sent them anyway.
Hopefully I will hear something today. It should not take them a week to sort this out.

 

[dvtran]

Re: My new boat nightmare.....

Re: My new boat nightmare.....

Can I send them an email. Even way out here in BC I am fuming over your situation.