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I was sold a salvaged boat without knowing

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Old 04-20-2011, 06:46 PM
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You always have to watch out for the ones who hang their hat on AS IS, they are hiding something. It is like looking at 1999 grand am with 140k on it and we say as is, everyone gets it it is what it is. But now if we were saying as is on an 05 w 75k something is up and they knew it. Get what I mean.

Also I did ask a friend and he didnt think there is such a thing as boats having salvaged titles and that would explain the "washed" aspect.
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Old 04-20-2011, 06:54 PM
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How did you find out?
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Old 04-20-2011, 07:07 PM
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there is a few definitions of salvage so make sure you now which you are dealing with;

Did the boat sink and was "salvaged" by a company who then got a title after they salvaged it. like towboat or boat us.

Did the boat sink and the owner claimed a total loss, insurance paid and then owner sold rights to boat. boat raised and sold.

Lastly if any of the above happened did the dealership you buy it from have knowledge of it and misrepresent it? meaning if a simple run of the HIN showed a salvage, then more than likely they knew. If they represented it as a clean one owner only driven to church on Sunday boat where did they get that info and how did the boat get into their inventory.

it is very important that you have all the facts before you pursue this, don't just stand on the sidelines and scream you were ripped off, the burden of proof will fall on the dealer if all salvage info is readily available and you will have a case. handled properly you can make this a winning situation, handle it wrong an you are screwed blued and tattooed...
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Old 04-20-2011, 07:18 PM
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Quote:
Originally Posted by Esquire View Post
As was mentioned by cpiefer06, "AS IS" means a one owner, freshwater boat, which is how the boat was represented to you by the dealer. It does not mean a salvaged title, two-owner, saltwater boat. If you can't work it out amicably with the dealer, I would consult an attorney.
This is very good advise... A dealer would have to disclose salvage history to a retail buyer like yourself... not to mention the other discrepancies with what you were told vs reality! A well-written letter from an attorney threatening a lawsuit would probably coax the dealer into trying a little harder to work things out with you. Good luck!
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Old 04-20-2011, 07:23 PM
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I hate to say , but I think you will need to contact your attorney. If the dealer didn't want to step up after your disscussion, you really only have one option.


Darrell.
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Old 04-20-2011, 07:25 PM
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You can get some good prices on salvage items in really good condition. I have owned and sold a few salvage items but I knew and sold them as salvage. but this sounds like you got decieved and you need to either get reimbursed some cash if you decide to keep it or end the hole deal with a lawsuit. No dought you will loose money buying thinking non salvage and selling as salvage. I'd be madder that a wet hornets nest.
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Old 04-20-2011, 07:46 PM
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Quote:
Originally Posted by Esquire View Post
As was mentioned by cpiefer06, "AS IS" means a one owner, freshwater boat, which is how the boat was represented to you by the dealer. It does not mean a salvaged title, two-owner, saltwater boat. If you can't work it out amicably with the dealer, I would consult an attorney.
AS IS means nothing of the sort, it means you accept the item in the condition it is represented. it only means it is a one owner fresh water boat if that's how they represented it.
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Old 04-20-2011, 08:00 PM
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Originally Posted by offshoredrillin View Post
AS IS means nothing of the sort, it means you accept the item in the condition it is represented. it only means it is a one owner fresh water boat if that's how they represented it.
That is exactly my understanding also.

***I'm not a lawyer, so the below is my guess/opinion only!***

Don't dealers (cars, boats, guns, etc) have some obligation to do due dilligence to make sure what they are selling are not stolen, salvage or otherwise significantly misrepresented?

They dealer can say "I didn't know" but if they never really looked into it or asked any questions they are liable, right? A car dealer who sells a salvage car as a good car is in trouble - big trouble if they knew about it, smaller trouble if they didn't.

Honestly, I would be tempted to talk to the police and not just a lawyer.

If through some huge loophole in you local laws, you could always get the local news stations "action for the people" segment involved and shame the dealer into doing the right thing.
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Old 04-20-2011, 08:15 PM
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Quote:
Originally Posted by offshoredrillin View Post
AS IS means nothing of the sort, it means you accept the item in the condition it is represented. it only means it is a one owner fresh water boat if that's how they represented it.
Agree with you totally. But pitching something in a completely different way from reality and then trying to cover your arse by throwing "as is" out there is bad business and not right.

When we bought our first house the owner said the back faucet didn't work, ok so what would you do once you moved in... exactly I went back to the outdoor faucet and turned it on to see what would need to be done with it to make it work. Well what do you know it worked just fine, and if you knew who we bought it from he was a dope so I figured he didnt know what he was talking about... Well was I wrong turned out while I was dinking with it out back he had it rigged so that untill you turned it on nothing was wrong but once you did it flooded the basement. I called our attorney and told him what was going on and based on the fact that he even wrote it out on the deal papers "it didnt work" vs floods the basement our attorney got us a very nice check for our trouble.
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Old 04-20-2011, 08:19 PM
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Quote:
Originally Posted by ECeptor View Post
That is exactly my understanding also.

***I'm not a lawyer, so the below is my guess/opinion only!***

Don't dealers (cars, boats, guns, etc) have some obligation to do due dilligence to make sure what they are selling are not stolen, salvage or otherwise significantly misrepresented?

They dealer can say "I didn't know" but if they never really looked into it or asked any questions they are liable, right? A car dealer who sells a salvage car as a good car is in trouble - big trouble if they knew about it, smaller trouble if they didn't.

Honestly, I would be tempted to talk to the police and not just a lawyer.

If through some huge loophole in you local laws, you could always get the local news stations "action for the people" segment involved and shame the dealer into doing the right thing.
You are correct. The dealership I work at has bought a vehicle from a manufacturer auction and all that had happened to the vehicle and why it was there was the rear bumper had to be replaced from a transport accident and we had to sign off we knew it and had to have the cust sign off that they knew and we told them as well and send paperwork in on it all.
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