Good advice. I was a trusting sucker. (hard lesson learned)
Other questions answered:
1. The boat was a new 2008 repo. (that sucks, they should have water tested it with you the day you viewed it)
2. The trailer was a new 2008. (OK, I am on your side WTF)
3. I was assured the shop would be going thru the boat to be sure it was ready for use before delivery. (Again a water test would have been good here Legend WTF)
4. I did view the boat-I flew to Dallas as stated above. (OK)
5. I knew the batteries were dead-I viewed the boat. (they should have had the boat ready for a water test, Legend WTF)
6. They knew the batteries would not charge before they delivered the boat.
7. The batteries are $275 EACH! No battery but OEM will fit without butchery to the beautiful box and cable installation from Fountain. (research others will fit, but that sucks)
8. I paid Absolute Marine $311 for a water pump. ( Again a water test would have been good here)

With your answers it does sound like Legend did drop the ball, but their not the only ones, Fountain appears to be not supporting dealers at this point probably not out of spite, but survival.

Put it behind you, I am sure you got a hell of a deal on a hell of a boat, lesson learned, now just imagine if you PAID FULL MSRP and got this treatment.

Just to clarify, that was just the cost of the batteries. There was also $85 freight, $142 labor and $222 for the tire. This is how I ended up over $1000. Yes I saved alot buying the repo. The aggravation I went thru that morning after travelling so far hurt alot more than the money. Very dissapointing when you trust somone and they stick it to you. Then they lie about it after the fact and try and make you look bad.

I want to try again, because fountain will not warranty any pre BR boats, what does it matter if it is a new 2008 repo or a new 2008 that the dealer owns?
If I took Shogren's post as correct, you only get the engine and drive warranty anyway.

What am I missing? What does it matter if Legend owns them or they are repo's?

I think as of now it does not matter. FWIW at the Miami show the dealers were being led to believe that there would be "some" warranty on existing unsold boats. It would be done on a goodwill case by case basis. (Reggie and other factory reps were there BTW). Looks like that is out the window now.

I guess I'm just used to dealing with boats. They never run right, are never ready when you want them to be and always cost you 3x more than you thought. And I've been on both sides of the table for years. I mean one night bar tab at the Havasu run will set you back a grand LOL

So to clarify, when a dealer is selling "bank-owned" or "repo" boats are they not acting as a consignment situation would go ?
The bank has agreed to let a dealer sell for an amount the bank must agree to. The dealer must have some type of fee built into the price. Why not just 'do the right thing' and fix known faults before delivering to a customer, then take the cost out of the bank's share (with the bank's ok) ???
Seems like any reputable dealer could convince a bank that certain repairs may be necessary to deliver what is normally expected as quality service from that reputable dealer.

We are not talking about a bank sale that came at an auction, we are talking about a dealer coordinated bank sale.

Why would a dealer let their reputation suffer just to save their 'consignor' (the bank) a few hundred or a thousand bucks ???

Glad I was not one of your customers !

I will hit ya up sometime to help you run up one of those $K tabs.

Actually, most of my customers wound up very happy. And LOTS of them became friends. Remember, this is a small sport. Many times after they would blow a gasket I would tell them they were very wrong and had no idea what they were looking at or talking about. Then when they would listen and understand what I was saying, the lightbulb would go off.

Just had to train them a lil LOL. Love to run up a tab with you anytime

At the end of the day it comes down to open and honest communication. Not a control issue but clear communication

Would seem like this should cover it, make it right and tag the bank for the cost, end of story!

Thing here in most of these cases is that these boats have been in the care and custody of the dealers selling them under some form of floor plan agreement. My guess is that when Fountain went down the backing for the floor plan went right along in the same cart, thus all these "Bank Owned" boats. It only stands to reason that a bank would not take well to a dealer telling them that a brand new boat had problems and they were expected to cover the cost to make it right! In the case of a true repo a bank would likely go along with this, make it right and move it down the road. However when you, the dealer, have had custody of the item since it left the factory, under some form of floor plan, it's going to get a little hard to explain how this brand new boat has gone to chit when you, the dealer, are the only one who has been in control of it.


P.S. On a brighter note Kelly, how's the new boat? Put that big smile on your face lately?