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-   -   I need some help! Did I get screwed or is this a simple case of caviot emptur? (https://www.offshoreonly.com/forums/general-boating-discussion/56183-i-need-some-help-did-i-get-screwed-simple-case-caviot-emptur.html)

Shane 08-04-2003 08:33 PM

I need some help! Did I get screwed or is this a simple case of caviot emptur?
 
Well, I brought the boat to a reputable fiberglass technician this evening. Upon his thorough inspection he showed me that in fact we did NOT hit anything to put the hole in the bottom this weekend at the Lake Champlain Mik Run. Infact, the bottom was patched before I bought it. IRONICALLY, today, I get a call from the guy I bought the boat from in 1999 saying he is coming to Lake George this weekend and wants to get together. He asks how the boat is running and I tell him about Saturday and he asks if it is the port sponson because they had patched it once. When they patched it they used paint not gel and I could not really tell until the glass guy showed me what to look for. I guess because it is in a preacarious part of the bottom it is more difficult to see. So here is my dilemna. Do I go back to the seller and request he participate in the repair costs or do I suck it up as I bought it used or do I have to go through all the nonsense of a law suit for mis-representation as his reply constitues a verbal contract with a statute of limitations that lasts 6 years? The hole in the bottom is no big deal. That is part of the sport and I can easily accept it. What really burns my arse is he blatantly LIED when I SPECIFICALLY ASKED if this had occurred! I guess 1999 was not my year. I appreciate your thoughts and input.

T2x 08-04-2003 08:42 PM

Shane:

Do you still need my guy?

T2x

SLINGSHOT 08-04-2003 08:44 PM

its water under the bridge....and it was used...

dhlaw 08-04-2003 08:46 PM

Alright, here it is from a lawyer.......it wont be worth the aggravation or $$. Caveat emptor (the correct spelling) is somewhat controlling here but if you asked and he lied then you may have a legit cause. Truth is it will be better on your state of mind and your wallet to just let it ride.

Formula Outlaw 08-04-2003 08:48 PM

I agree with Slingslot.

Shane 08-04-2003 08:52 PM


Originally posted by T2x
Shane:

Do you still need my guy?

T2x

Rich,

Yes, please. This guy is going to grind it tomorrow and let me know what I am up against as a favor to a mutual friend. Is your buddy willing to do it? I did not hear from you today so I thought maybe he wasn't up for it. If he is, I would love to speak with him. Can you forward his info to me or call me tomorrow? I can call you as soon as I hear in the morning as to what it needs. What is best? I just wanted to have it looked at by someone that knows much more than I and this opportunity came as a favor as the guy said to stop by this evening as he would stay late.

Thanks Rich.

Shane 08-04-2003 08:55 PM

I think you guys are right. I don't know if I can handle yet another legal battle and the frustration it would cause is probably not even close to worth it!

Shane 08-04-2003 08:57 PM


Originally posted by catmando
I don'
t know about caviot emptur, or caviat empture, but I stayed at a Motel 6 last night.:D :D

:D :D :D LMAO catmando:D :D :D LMAO!

SLINGSHOT 08-04-2003 09:03 PM

he did admit to it though

GLH 08-04-2003 09:08 PM

I'd ask but I wouldn't press it, sitting in his seat after six years I don't know were I would be. And god no lawsuit why make your attorney's boat faster or bigger

Shane 08-04-2003 09:10 PM


Originally posted by catmando
I don'
t know about caviot emptur, or caviat empture, but I stayed at a Motel 6 last night.:D :D

Didn't you mean Holiday Inn Express???:p ;)

Shane 08-04-2003 09:11 PM


Originally posted by SLINGSHOT
he did admit to it though
yeah but that was 4 years after the fact.

Shane 08-04-2003 09:12 PM


Originally posted by GLH
I'd ask but I wouldn't press it, sitting in his seat after six years I don't know were I would be. And god no lawsuit why make your attorney's boat faster or bigger
ain't that the truth?:rolleyes: :(

Miller 08-04-2003 09:37 PM

Let it go and let Fred take a look at the repairs. He may have other ideas for ways to sink money into the hole. God knows how simple repairs and improvements turn into major overhauls with him!! :D

Make sure it's fixed soon, since I plan to drive it in the VERY NEAR future.

Audiofn 08-04-2003 09:38 PM

I picked ask but do not push it. Lets put it this way. How many cars are sold each day that have been in accidents. Hell even BRAND NEW cars have parts replaced on them and repairs done all the time. The dealers will never tell you about them so...... I am sure that there will be lots of things about my boat that I will not remember to tell the buyer. Some times you just forget, it could have been a honest mistake. If you should be pissed at anyone you should be pissed at the person that did the shoddy repair. There is no reason for the repair to not be as stong as the rest of the boat. :( Make sure your new guy knows what he is doing and you will be fine.

Jon

BRUCE SEROFF 08-04-2003 09:43 PM

Hey Shane..sorry bout your troubles. I agree wit da boyz. It cant hurt to bring it up if you see the guy and see if he offers some $$$ assistance to have it fixed.

Otherwise let it go..

See ya soon

TEAMBAJA 08-04-2003 09:59 PM

I think its been too long. Maybe if you had just bought it, but I cant even remember 1999.

HiPerf2000 08-04-2003 10:06 PM

Re: I need some help! Did I get screwed or is this a simple case of caviot emptur?
 

Originally posted by Shane
What really burns my arse is he blatantly LIED when I SPECIFICALLY ASKED if this had occurred! I
when and what did you ask him that he lied to you?? i'm not understanding the lying part.

either way....i dont think it's worth it to press the issue

R Addiction 08-04-2003 10:07 PM

Hey Yo! Shane, you needs me to send up some friends I got in Saratoga Springs? I gots to get them out of the track dough, so it may take a while. Dees guys specialize in fitting dem concrete shoes. You need 'em you gimme a call!!:mad: ;) :D

hugetime1 08-04-2003 11:02 PM

Shane, I got burned on my first boat, I bought it not knowing that the boat had been repaired and eventually the bottom caved in and the boat was worthless, I was really dissapointed because it was my first boat and I did not have it that long when it happened, I chalked it up as live and learn and hoped the guy that sold it to me would someday get his. It turned out that it is happening, the guy who sold it to me is the guy that got taken by hawk power that is always crying about it on this site. I however would never do that to someone so I sold the boat to a dealer for $700 and they knew exactly what was wrong with the boat because I told them. I have too much integrity and could not live with it on my concious to stick someone like that. so i guess the moral of my story is you should let it go because you won't win, but you can hope that someday he will get what he deserves. But you have to admit you beat that thing for years, that was one hell of a repair job.

Mr. Demeanor 08-05-2003 12:20 AM

I'd have that glass guy look over the rest real close.

cowisl 08-05-2003 04:04 AM

I think it is too late. Have a good look at the bottom while it is at the glass shop. Good luck!

OG Outlaw 24 08-05-2003 07:25 AM

I would get the boat fixed and invite him down. When he get's there explain that he needs to pay for it ALL. If he disagrees UNLOAD ON HIS ASS. Keep on firing on him until he agrees or until you or an accomplice are able to run his pockets.

DISCLAIMER: This is just exactly what I would do and I am not responsible for other peoples actions:eek:

OG:cool:

OldSchool 08-05-2003 07:26 AM


Originally posted by Troutly
Shane....are the guys initials who sold you the boat S S ... ? ;) :eek: :crazy: :D

:D :D :D

MovinOn 08-05-2003 07:33 AM


Originally posted by d-hlaw
Alright, here it is from a lawyer.......it wont be worth the aggravation or $$. Caveat emptor (the correct spelling) is somewhat controlling here but if you asked and he lied then you may have a legit cause. Truth is it will be better on your state of mind and your wallet to just let it ride.
Hi,,nothing to add to this question here.. but seen you was from NSB area You ever dine at the Clancy's Resturant there ?

Hauling Trash 08-05-2003 07:36 AM

Shane


Just move-on

Shane 08-05-2003 07:44 AM

Re: Re: I need some help! Did I get screwed or is this a simple case of caviot emptur?
 

Originally posted by hi-perf-2000
when and what did you ask him that he lied to you?? i'm not understanding the lying part.

either way....i dont think it's worth it to press the issue

I think I stated in my original post but maybe not. WhenI went to buy the boat, my friend Kris and I asked him several times if the boat was ever damaged and repaired. He said no, not ever. Then IRONICALLY he calls me yesterday out of the clear blue to see if I am going to be around this weekend as he will be in Lake George and wanted to get together. We chatted and he asked how the boat was. I told him about the weekend and he said that they had to fix the port sponson when he owned it. So the deal is that when I originally met him he said it had never been repaired, but yesterday he said it had. He seemed like a real honest guy and I had no reason to doubt him. I just wish he would have been forthright from the beginning and I would have been fully aware of what I was getting that is all.

Shane 08-05-2003 07:48 AM


Originally posted by Troutly
Shane....are the guys initials who sold you the boat S S ... ? ;) :eek: :crazy: :D
No, but that is sure funny as hell. I think the guy I bought it from has far more scruples than that. I still cannot think that the guy I bought it from is that type of guy. Although I only met him that day, I really trusted him. He called several times to see how it was running and I called him several times with questions. There is something in my gut telling me that this was melicious on his part. However, it is very upsetting that I specifically asked and was told it was never repaired. From everything I have been told about the gentleman looking at it this morning and from spending an hour with him last night, he seems extremely thorough and knowledgable, but then again, what the hell do I know about fiberglass?

Shane 08-05-2003 07:49 AM

T2x,

Can you PM me or call me with your buddies info? Also, Kristen and I really would like to speak with and see Doreen this week as we have more information on Zoe and I really would like her professional opinion. That pup is my baby and I want to see her healthy soon!:(

Shane 08-05-2003 07:52 AM


Originally posted by R Addiction
Hey Yo! Shane, you needs me to send up some friends I got in Saratoga Springs? I gots to get them out of the track dough, so it may take a while. Dees guys specialize in fitting dem concrete shoes. You need 'em you gimme a call!!:mad: ;) :D
Not fur dis guy, but if dey wants to make a trip to Missouri (sp?), or Kansas, or California or where ever the other clown is, den weez can talk. I will even gets dem clubhouse seat at da track to.:D

Cord 08-05-2003 10:50 AM

How recent was the sale? How recent was the repair? If it's really close, then he might help you out. If you've had the boat for a while, then suck it up. Either way, the boat was still a private party sale and was in a as-is condition, so the seller really has no obligation to you.

Krumbsnatcher 08-05-2003 11:43 AM

Let it go, bring it up and have him buy you dinner. To much time has passed.

Miller 08-05-2003 12:26 PM

Shane, lets not forget that you have run that boat in pretty snotty water at relatively high speeds and everything has been fine for 4 years. So, just get it fixed so I can drive it around and pound on it for you!!! :D

36spectre 08-05-2003 03:09 PM

Shane, only because you specifically asked" was the boat ever repaired" , would I even bring up the question to the previous owner. I would simply ask him what he thinks the fair thing would be since he did tell you it had never been repaired. If it's $2000.00 to fix it ask him what you should do?? He may just be a stand up guy and offer you half.Otto

Coddigtion 08-05-2003 04:47 PM

S U R V E Y!

puder 08-05-2003 05:02 PM

it sucks but i'd have to go with slingshot, water under the bridge.

CAP071 08-05-2003 05:23 PM

I had cavier one time is that like caviot emptur, or caviat empture I even drove in a chevy one time

Smarty 08-05-2003 08:42 PM

The advice that D-hlaw gave is on the money.

DonMan 08-05-2003 10:19 PM

My advice would be to suck it up and chalk it up to one of life`s experiences. It`s been several years and it sounds as if you`ve gotten plenty of hard use from the boat. We don`t need any more lawsuits in this world either!

magnum27 08-26-2003 11:59 AM

What made the repair break? Was it fixed with bondo or something?


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