Recently purchased boat had unknown motor problems. What to do?

2 weeks ago my father-in-law %26amp; husband purchased a used 21 ft fishing boat w/ a 200hp motor. It was advertised as A-1 condition.....water ready....like new....no problems....EVERYTHING works..etc etc. A very 'glowing' written advertisement and oral assessment by the seller. The boat visually appeared to be everything the seller advertised. The motor started right up, and sounded good (but as w/ many boat sales, you don't always have a body of water handy to dip the motor in, but we did use the 'muffs' - unfortunately that doesn't tell you what torque is going to do when applied)





This past weekend we took it out for it's maiden voyage ......we couldn't even get it off the trailer into the water. It wouldn't go in gear. Long story short, we took it to a reputable marina. They found shavings, and water squirting out of the lower unit, and said "There's not a gear left in this thing!" Price tag to repair- $1995.00.





Seller was baffled when first contacted about this. Haven't yet called him w/ the final cost and problem assessment, but previous conversations w/ him lead us to believe he's going to be difficult to deal with. What are our legal rights? Is there not an implied warranty? Appreciate any help with this situation.|||I can never understand why so many people believe ads when buying a car, boat, motorcycle or anything without having a FULL inspection completed. For the cost of a Marine Surveyor to inspect the boat and sign-off on the condition would have saved you the pain that you're about to experience. Also, a full test drive on the water is a MUST! You really have NO recourse if the seller isn't willing to do anything. Used vehicles and vessels are sold "As-Is", and do not have any warranty from a private seller. There's NO warranty unless you have something in writing from the seller at the time of sale. Either way, you're going to lose. The engine sounds like an outboard, so repairs or replacement are cheaper and easier than an inboard engine. Your legal Rights stopped at the time of sale when you handed over the money. It's your duty to fully inspect and accept the condition of the boat before the sale. Sorry, but you're going to learn a very expensive lesson on this one.|||The Seller has no liability. It is buyer beware.|||You have NO legal recourse...|||Well, legally you were buying a boat "as is" and may have no recourse.





Of course this is America so you go thru all the steps to get your money.





Inform the seller of the problem and what you would like as compensation.





Writing, everything in writing. If you have a phone conversation make a log!





After 30 days inform the seller you will be filing claim in small claims court, sometimes called conciliation court. And do it!





Get all your ducks in a row and show up in court prepared with ALL documentation. Letters, bills,m receipts, ads, phone logs.





Give factual testimony, don't let emotion enter in. Don't say "I think" state what you know.





Last, hope for the best.|||You do have recourse. It is in the advertisement. The seller misrepresented the condition of the motor and he did it publicly. There is no way he can get away with saying "I didn't know about that" because he claimed to know it was in "A-1 condition", "water ready", "like new" etc.


Had he just said something like. " this boat has always run perfectly for us" or, " we have never had a problem with it". He could claim it was just bad luck on the buyers part.


I have been in the boat business for many years and testified a number of times in cases of fraud and misrepresentation. You can ask him for your money back, and give him back the boat, or have the repairs done and hope that the judge requires he to reimburse you the cost of getting the boat into the condition he represented the boat as being in, But either way, this is going to end up in small claims court.|||No sarcasm intended from me.





Without having the vessel fully checked out by a reputable surveyor or boat shop or technician you had no way of telling any potential faults. Without putting the boat in the drink and trying it out over the entire speed range you have no way of telling if it performs as advertised.





It is possible the owner had no idea that any issues existed, they need the benefit of doubt unless you have incontestable proof they knowingly entered into a fraudulent transaction. You must give them the chance to come to the party and to be honest, most reasonable people will if approached in the right way. If you go in aggressively they may quite reasonably tell you to bugger off - honey catches way more flies than vinegar....





If it was a cash transaction - i.e. there were no 'duty to repair' or other written warranty conditions on the contract then it is a simple contract. Offer plus acceptance = contract, in this case it will be assumed you accepted the boat for the money as is unless you have documentation to prove otherwise, the hyperbole of the advertisement is very shaky ground to enter a courtroom on as your main evidence. You are very unlikely to ever prove the previous owner did not know the engine was defective, and your only recourse at this stage is to pay a lawyer (not seek free counsel from strangers) for legal advice before you proceed further - you will almost certainly be told there is little point in proceeding, as the burden of proof is yours - you have to completely prove your case, not the other party who merely has to say 'prove your case, you're making the accusation'.....





As said already - an expensive lesson. For less than the cost of legal fees just replace the engine or leg, and never ever buy a boat again without a full written survey by a trusted professional.





Once you get on the water you can at least enjoy the boat, at the moment it is not worth a thing until you get it going. At least give the previous owner every chance to come to the party - probably the best result you can expect is to get half the repair costs back, but even a smaller amount will be better than nothing.





Good luck.|||It's the powerhead has a serial number, and that determines what model year. The lower unit has a part number, I don't believe any of those parts are serialized.





Also note that Evinrude model and serial numbers are stamped on the engine mounting bracket, but obviously the brackets and motors can be separated. Model and serial numbers appear a couple other places on the powerhead, your mechanic will know about that I'm sure.





It's not uncommon to mate a gearcase of another model, if they are compatible, so I doubt that mismatch will be material -- if it worked you probably would be indifferent (if not a little miffed).





"AS IS - WHERE IS" is the law of the land, but it does *not* excuse fraud. A written ad stating "everything works" when clearly, everything does not work, constitutes fraud (to the best of my knowlege, see disclaimer). It would probably be civil fraud, not criminal (although I don't fully understand how to distinguish the two in all cases).





If they said "everything worked on our last outing", that would be different (unless you had evidence proving otherwise). If it said "to the best of my knowlege and belief everything works", they might have a defense.





My opinion, if you can get some kind of price adjustment from the seller (like maybe half of the repair cost), you'd be ahead over taking 'em to court.





For what it's worth, the $2,000 quote for rebuilding your gearbox is just what I'd expect.





Before approving the gearbox rebuild, be sure the mechanic does a compression test (a reputable marine tech will do it as a matter of standard procedure anyway) and other general diagnostics on the motor -- if it all checks out, you have a fine, reliable motor there.





BTW, I'd probably lead you to believe I would be difficult to work with in the initial discussions, too; after all, I don't know just yet what you're up to either -- I'd come around and do the right thing though, eventually.|||I wouldn't be to quick to think the worst of people. If your reasonable, he might be as well. I'm not at all sure that an 85 gear-case will even fit on a 95. But bottom line I'd discuss this with him, and given his representations in the ad, even an as is sale might not be as iron clad as some people think. For instance, if he recently had to replace the lower unit, and found some one to do it cheap, He might have reasonably known that fact and failed to disclose it. In my experience this sometimes ends up in small claims court, and most often the cost to make it right is shared by both parties. So, to save the time and cost of this, you and he might come to some agreement.





Or not.