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Boat Seller VS Boat Buyer an Austin Powers Analogy

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Old 09-18-2002, 12:44 PM
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Question Boat Seller VS Boat Buyer an Austin Powers Analogy

Hypothetically speaking, our buddy Austin is looking for a Donzi. He searches high and low and finally finds a pretty red Donzi owned by Fat Bastard. Austin doesn't know much about boats, but he is assured by Fat Bastard that the boat is mechanically perfect, and was supposedly very well maintained. Austin test drives the boat, but not knowing much about boats he doesn't seem to note any problems. Fat Bastard tell Austin the reason he is selling the boat is because of medical problems. Austin decides to purchase the boat at top dollar because of Fat Bastard's assurances. One week later Fat Bastard buys another version of the same boat. Two weeks after purchasing the boat, after approximately 8hrs of running time, the boat Austin bought roasts the waterpump, and the trim pump became unbolted and fell off of the transom. Austin is not phased by this, after all this could happen to anyone anytime. Austin brings his boat to the local marina, where upon thier inspection not only did the above mentioned parts go, but he is told his bellows is cracked and needs replacing, and the gimbal bearing is junk too cost to repair about $900. Austin not knowing anything about boats, asks the marina technician if this was something that just goes. The technician responded (as we all know) that the gimbal bearing and bellows do not just go overnight, there is usually a warning period, rumble in the bearing, water in the bilge. Austin calls Fat Bastard and asks him to cover 1/2 of the repairs as Austin feels that Fat Bastard knew about the problems and fraudulently misrepresented the boat. Fat Bastard tells Austin in no uncertain terms is he responsible.

Considering that Fat Bastard lied about the reasons for selling the boat, and the type of repairs the boat needed, should Fat Bastard cover 1/2 the expenses?

Opinion?

Woodsy
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Old 09-18-2002, 01:12 PM
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I woulk like to take a shot at this.

I am in a process of buying a boat, and thinking of buying new. But with my pass expericence, when buying use cars. Anything that cost more than $3,000.00, I would take it to a mechanic and have them look over. I would not ask a seller the reason why he or she is selling it, because 9 out of 10 times they would lie.

If I know nothing about boat, I would not go out and buy a use one that cost a lot of money with no one helping. That is a problem with buying use, as soon as money is changed hand, you own it. No warranty, no nothing. There was no written contract of the boat has to be in good condition. The buyer tested the boat, the buyer liked it, the buyer bought it.

It is a very expensive lesson that we all learned once in a life time. Do not assume of anything, take it to a mechanic before buying it. It doesn't cost that much for the mechanic to test and look for problem in a boat.

Good luck,

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Old 09-18-2002, 01:22 PM
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woodsy,

could this by chance be the thread that was censored on that other board?

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Old 09-18-2002, 01:32 PM
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I take it that the sale was through a private party. If that is so, then the seller owes you nothing. It is always buyer beware when sales are through a private party. The boat could indeed have been in perfect condition-at least as far as the seller knew. Maybe he was nieve or ignorant. Don't matter as the buyer should have hired the surveyor to inspect the boat. Chalk it up to lesson learned.
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Old 09-18-2002, 01:41 PM
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I was in a similar situation about a year ago when I sold my boat. The new buyer called me the day after I delivered it to him complaining because he broke the shifter on the boat. I knew it was fine when I sold him the boat and it had never given me any trouble. I ended up sending him a check for 1/2 the cost to replace the shifter just to be a nice guy, even though the boat was sold as-is
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Old 09-18-2002, 01:43 PM
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BTW, this very thing happened to my father to the tune of about 2200 bucks. it seems the bolts that hold the bell housing and engine togther somehow loosened up so much so that it caused the flex plate on the flywheel to throw a couple of springs and jam up the starter in the process---all while running at 3000 rpms(what a noise it made!) Quite a turn of events, especially since the previous owner assured us that his mechanic had thoroughly "gone over" both engines and they were in "tip top" shape.

This happened 20 minutes after we left the dock on our way home.

Long story short, my dad aske the guy for half the money for the bill(after spending over 75K on the boat) and the guy refused...now he is being sued...if for nothing else, just because he was an ******* about the whole deal.

My old man owned a marina for over 20 years and was always fair with everyone...and now he owns a tree farm...sells to the public and if a tree dies he replaces it---for free...that's just the way he is...too bad more people don't conduct themselves the same way.

okay...down off my soapbox...sorry for the rant.
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Old 09-18-2002, 01:46 PM
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Yes it's an expensive lesson and legally there is not too much recourse the buyer (Austin) can take unless he can prove the boat was misrepresented by Fat Bastard.

However, how would you feel if you, (Austin) an outstandung board member, were recommended by other board members to another seemingly outstanding board member (Fat Bastard) to purchase the Donzi in question and the following occurred?

1.) You are told the boat is in excellent running order by (Fat Bastard).

2.) Fat Bastard tells you and others the reason for the sale is because due to medical problems, he can no longer take the pounding of a 22 foot boat and he is looking for a larger boat.

3.) One week after the sale, Fat Bastard purchases the same make and model 22 foot boat he just sold.

4.) Two weeks after the sale, the original boat developes the above gimbal and bellows problems.

Doesn't that seem rather fishey to you? I'd be pissed (even though it is my own fault for trusting him). How wuould you feel about Fat Bastard at this point?
 
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Old 09-18-2002, 01:53 PM
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Sean, I applaud your father for those actions. There are not enough people like this out there and it's a pleasure when you are able to cross their paths.
 
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Old 09-18-2002, 02:03 PM
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It's buyer beware - in this case, the buyer is caught by his own failure to perform adequate due diligence. Rather than depending on the owner's assurances (who has a vested interest in the sale and may be ignorant of any problems in any case), Austin should have obtained both a structural and mechanical survey. A couple hundred bucks up front could have saved him some grief and $$$ down the road.

Would you buy a house with having an inspection?
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Old 09-18-2002, 05:06 PM
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I must repeat myself !

Austin screwed up !, Never buy a used boat without first getting a second opinion. No, not your uncle or the guy down the street who once owned a boat. Hire a competant marine surveyor, certified marine mechanic, or insurance surveyor.

For a mere $15.00 per foot I would have delivered a 7 page analysis of the exact condition of the boat. As would anyone of the above. Then he could have made an educated decision on wether or not to purchase.

The rule buyer beware still holds true.
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