Dealer won't fund Factory, Need Advice
 

As some of you know I traded my Nor-Tech for a Spectre Center Console with Oregon Custom Marine two years ago this spring. The Nor-Tech was physically picked up the weekend of July fourth 2011. I still don't have the new boat because the dealer refuses to fund the manufacturer progression payments to complete the boat.The dealer sold my Nor-Tech within a month of receiving it, and obviously should have had the funds to complete the transaction. I really don't know what to do at this point. I have contacted an attorney in Oregon, and he feels we have an easy case of breach of contract, but it could take another year to get to court and as much as 50K in legal expenses. Even if I win the breach of contract case and get a judgement against Oregon Custom Marine that doesn't mean that we will get the money. They may simply close that corp and open under a new name as we have seen other manufacturers do. Now this is where it gets even stickier.... I still am making payments on the Nor-Tech, (that I haven't used in a year and a half) and the new owner is unaware that me and my bank still hold a lien on the boat I assume he paid cash for. I assume he paid cash for it because a bank should have caught the lien on the title. The lien wasn't physically stamped on the tiitle, but that doesn't change the fact that there is a lien on the boat. I have gone to my bank and asked for their help in getting the funds from Oregon Custom Marine but they can't help me unless I go bad on the loan which I don't want to do. I really don't know what else to do and am looking for advice on this situation. I know that people have questions about my other legal situation that I will address in a seperate thread in the very near future and hopefully answer any and all questions that people have. If possible I please ask that this thread stay on this topic and I promise to address the other situation shortly in its own thread. Whether your a hater or a friend doesn't change the facts of this situation. Thanks for reading this and I look forward to your advice.

Is this a JP Spectre or a TF Spectre? Either way, have you tried contacting the manufacturer directly and working backwards from there?

I think I would do everything to put pressure on Oregon. I would find the new owner of the Nor-Tech and inform him that he does not have a clean title. I assume he will be closer to the dealership and he will also be a help putting legal pressure on the dealership. Hopefully it didn't leave the country. I would also contact Spectre and tell them what has happened. I assume they would like to know why they shouldn't use Oregon as a dealership and probably could put some pressure on Oregon. This stinks but I hear of it too much.
When I got a new Nautique I had to buy it out of state from Miami. The dealership there is very reputable and still is. When it got time to plunk down my money for the deposit, I told them I was very uncomfortable sending money out of state like this. They said that they understood and I was able to make and send my deposit for the build of the boat directly to Nautique.

It is a TF Spectre. They have been helpful but I'm not aware of any custom builders that will build it solo money wise. TF has been working on the boat but no cash from the dealer is the reason it isn't finished.

Spectre is fully aware of the situation and has repeatedly asked for the funds to complete the boat. I even asked that the funds be put in an escrow account to assure everyone good faith. I was told " why would I put my working capital in escrow". My reply was that it isn't your working capital it is the funds from the sale of MY BOAT!!!!! I am hoping that the new owner will see this thread and also push Oregon Custom Marine to fund the new boat so that I can release the lien on his boat.

I had a friend who just had Spectre build him a boat. They pushed him hard for more money all the time. I guess it goes both ways, escrow would be good but I imagine they need money to pay the light bill. The real problem is with O.C.M. Might want to ask River Dave if anyone has info. on who bought it.

I meant an escrow account that could be drawn on at different phases of completion. Any business needs to be funded in order to deliver a quality product. It is my hope that another OSO member knows the buyer and will make him aware of the thread. Thanks for the responses SkiDoc!

Is Oregon Custom Marine a Licensed Dealer?, if they are they probably should have a Bond, I would contact the Dept that handles the Licenses and file a complaint.

Thanks, I will look into that.

Since when does money that was going to purchase another boat that has a contract on it become working capital ? Thats a priceless quote.. I think its time to take a plane ride..