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Anybody make a small claim before?

Jackie Treehorn

Jackie Treehorn

Well-known member
Joined
May 19, 2020
Member Number
259
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1,006
Soooo, a month or so ago I posted about installing a trolling motor bracket on a boat I bought over the winter. I haven’t gotten around to that yet but I sure wish I had. On the boat’s maiden voyage over the weekend the lower unit shit the bed about two miles from my dock and about two miles from the launch. I also hadn’t even bothered to put a fuckin paddle in the thing yet so my public service announcement is to have a backup plan on your boat, even on a quick trip. Anyway...I got the boat home and first thing I did was pull the plugs on the lower unit. Bone dry. Normally I would have serviced the motor before using it but I bought it from a yacht club that claimed to have done a full service before I bought it so of course I didn’t bother to check the basics. Here is an email from the salesman before I went over to buy it in November:

7BKjoCR.jpg


I called the salesman this morning and filled him in and he didn’t really seem inclined to feel much sympathy or concern claiming that anything could have happened to that boat from the time I took possession of it in November and now. I argue that neglecting to fill the lower unit up with oil would put some liability on them even though the boat was sold as is, especially when the boat is being advertised as serviced and ready to use. Would I have any recourse in pursuing reimbursement for damage in a small claims suit?
 
Not worth the hassle, went through that with my mom and the contractor she hired to replace her deck a few years ago. She won, guy just never paid. The courts don't enforce small claims.
 
If I did that there would be no way I would expect the dealer to do anything. Maybe if I had caught it the week after but still wouldn't expect them to care much.

One- the sale is over. Two- fluid levels are on the owner.
 
Try or make their lives miserable. Likely they have done it before. I don’t have sympathy for “dealers”
 
That guy has a boss, they advertised it as lake ready, not as is where is

How many boat units (grands) are we talking here? 1,2,3?

I'd be a thorn in their side over that. I'm also guessing it has an hour meter, and that your purchase paperwork has an hour reading noted?
 
Boating season is coming, lots of stimulus money about to head their way, some shitty reviews, some online shit posting could sway their minds.

yes, it's been 4 months, but this is boating, so the only timeframe mentioned is, season, and pre season. Your preseason purchase was a lemon.

x2 fuck dealers:flipoff2:
 
Projectjunkie said:
That guy has a boss, they advertised it as lake ready, not as is where is

How many boat units (grands) are we talking here? 1,2,3?

I'd be a thorn in their side over that. I'm also guessing it has an hour meter, and that your purchase paperwork has an hour reading noted?
Click to expand...

The boat was 28k. No hour meter on the dash so I guess someone would have to plug in and read the ecm to get the hours.
 
Tell them you are going to hit up all the social media you can and have your IRATE fake friends shit in their sunroofs!
 
Jackie Treehorn said:
The boat was 28k. No hour meter on the dash so I guess someone would have to plug in and read the ecm to get the hours.
Click to expand...

Get it read by them. Push the issue. I’ve seen plenty of places replace motors and transmissions in cars because they forget to put oil in it.

did you not do a test ride when you bought it?
 
Also, did you get a loan? Your loan or their loan?
Lenders are going to be hesitant to provide loans on collateral offered by dealers like that.

Leverage, use it
 
Jackie Treehorn said:
claiming that anything could have happened to that boat from the time I took possession of it in November and now
Click to expand...

If you can find a boat mechanic to state otherwise, then you have a case. Something simple along the lines "it is certain that there was no fluid in there back in Nov" or anything like that.
 
Kyle said:
Get it read by them. Push the issue. I’ve seen plenty of places replace motors and transmissions in cars because they forget to put oil in it.

did you not do a test ride when you bought it?
Click to expand...

Unfortunately they’re on the other side of the state and they aren’t really a dealer, they’re a boating club. Members pay annual dues and have the use of whichever boat they choose on a given day. The boats get sold off after their third season.
 
Your fucked,but harass the salesman the rest of his life for screwing you over.
 
Social Media shaming can go far or at least give you some satisfaction. Nothing to lose at this point as long as you don't venture into slander.
 
You fucked yourself. Sucks

I sued in Small Claims, what a fucking waste of time. First, he evaded the Sheriffs offices attempts to serve him so I had to spend 200 on a guy to catch him. I won my case but he has never paid and theres no way to force him. Sadly I learned after the fact he'd been fucking people for 30 yrs.
 
rockmup said:
You fucked yourself. Sucks

I sued in Small Claims, what a fucking waste of time. First, he evaded the Sheriffs offices attempts to serve him so I had to spend 200 on a guy to catch him. I won my case but he has never paid and theres no way to force him. Sadly I learned after the fact he'd been fucking people for 30 yrs.
Click to expand...

Have you tried putting a lean on his property? Having an outstanding court judgement is worth something. You should at least be getting solicitation from companies wanting to buy you out of your judgement.
 
Yota Up said:
Have you tried putting a lean on his property? Having an outstanding court judgement is worth something. You should at least be getting solicitation from companies wanting to buy you out of your judgement.
Click to expand...

The only thing in this guys name is a truck. He is not listed in the 3 trusts that exist, he is an employee on paper.

Thats ok, I got mine.
 
Yota Up said:
Have you tried putting a lean on his property? Having an outstanding court judgement is worth something. You should at least be getting solicitation from companies wanting to buy you out of your judgement.
Click to expand...

This

I sued my last landlord before I bought my house (13ish years ago). I won. They paid some but not all of what I won. I put a lean on their house. 4 years after the fact, she calls me up all friendly and ready to pay the remainder because they were trying to sell the house but could not.:smokin:
 
What's the repair quote?

does the "boat club" offer outside repair service?

I'm sure the boat club also has an insurance policy of some sort

if this is a 500 dollar fix, bitch and moan, but get it fixed. If it's a 5k fix, drop off copies of your paperwork and ads at your atty office with the repair quote

see what he has to say.

bonus points if your atty mentions "sunroof" :laughing:
 
A co-worker told me a story about winning 600 in small claims court. He shows up to collect it, the guy has no assets, no job, serif employed, can't seize the truck since it's his work tool, can't garnish his wages.
"I won, you are court ordered to pay me $600"
"can you say that backwards? "
"what? "
"can you say that backwards? "
"WTF does that have to do with anything? That's nonsense! "

"exactly. Good luck collecting"

guy had been around the block.....




but, a fairly well capitolized business like that will probably pay you to go away if you say the right things to the right people, or pay your atty to do it
 
How do they know you didn't drain the oil? Maybe there was a leak and over 5 months it dripped out. I'd say it'd be tough to prove there was never oil in it in court. Your word vs theirs.

Not to say it's not with trying, but I wouldn't devote a huge amount of time
 
You’ll get a judgment and no way on earth to collect it.
 
This is not a small claims issue. This is a you are a dumb buyer issue. Suck it up snowflake.
 
You're fucked.



Say you sell a truck. You put in the ad that it's in good running order.


The buyer calls 5 months later and says the front diff had no oil in it and ate itself.

Would you be inclined to cover that, or tell him to go piss up a rope?
 
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