Do I have recourse against the broker?

H

Hydrotherapy7

Member
Jul 28, 2015
47
Long island, N.Y.
Boat Info
2008 340 Sundancer
Engines
8.1 Merc Inboards
I just purchased a 2008 Sea Ray 340 through a broker in South Carolina. During the sea trial the dash pad that operates the windlass, lights, window vent and radio was operating intermittently. The broker put it in writing that the pad would be replaced. Prior to delivery this pad was operating and appeared to be fixed. Upon receiving the boat the pad again is working intermittently. After calling Sea Ray I found out these pads are no longer available. A modified switch panel is now available for $3950. I called the broker. He said the pad was replaced with a used pad and they are not responsible as the pad was operating prior to delivery. Do I have recourse against the broker?
 
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You must have not have ever used the legal system to right a wrong. How many thousand are you willing to spend to recover $3,950? Or, consider it tuition for learning a lesson in boat buying, but spend it on repairing the boat instead of hiring a lawyer.
 
Lawyer at $300/hr will get you about 13 hours of representation. Seems like a waste of time and money. Buy the flounder pounder kit and enjoy boating. Good luck.
 
Small claims court is cheap. But you better have a strong case.
 
Seems like replaced would infer replaced with a working one. As jmauld mentioned, file in small claims court
 
That’s a good point. It should’ve been working when you took delivery.

You would probably easily win this in small claims court.

Lesson for the future. Ask for money to do the repair yourself. Don’t let them touch it.
 
If it worked intermittently beforehand, and the same afterwards, I would assume they either didn't replace it or the pad wasn't the problem.

But unless they gave you the first pad, or documented the repair (pics, etc) how do you know they did anything at all? They could have tested it, found it to be working that day, and decided to roll the dice by telling you it was replaced.

I finished fixing something on my boat recently, and afterwards I'm sitting in my car in the parking lot at the marina. It's hot so the windows are down and I'm just checking my email. These two guys from the service dept are walking by and they happen to stop right next to me. One of them says they have this brokerage boat that needs something. The other one goes, yeah that's a brokerage boat, so -------- told me to do the minimum to get it in the water and running, since it's a brokerage boat and we don't make #@$% on those.

I assumed that to be the case but it's funny to hear them actually say that.
 
Phil S said:
If it worked intermittently beforehand, and the same afterwards, I would assume they either didn't replace it or the pad wasn't the problem.

But unless they gave you the first pad, or documented the repair (pics, etc) how do you know they did anything at all? They could have tested it, found it to be working that day, and decided to roll the dice by telling you it was replaced.

I finished fixing something on my boat recently, and afterwards I'm sitting in my car in the parking lot at the marina. It's hot so the windows are down and I'm just checking my email. These two guys from the service dept are walking by and they happen to stop right next to me. One of them says they have this brokerage boat that needs something. The other one goes, yeah that's a brokerage boat, so -------- told me to do the minimum to get it in the water and running, since it's a brokerage boat and we don't make #@$% on those.

I assumed that to be the case but it's funny to hear them actually say that.
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As I understand it, the problem with these units isn't the pad but the EIM -- the little computer box that controls everything. So a promise to replace the pad could be virtually useless. Here are some reference posts for anyone interested:

http://www.clubsearay.com/index.php?threads/dash-panels-failing.98742/#post-1140158
http://www.clubsearay.com/index.php?threads/disecting-a-eim-control-box.74440/
 
Get lawyer. File claim. Report/blog the hell out of this broker and tell him.
Let the world know this guy ripped you off. Least you can do is help prevent this scum bag from ripping some else off.
 
El Capitan said:
Get lawyer. File claim. Report/blog the hell out of this broker and tell him.
Let the world know this guy ripped you off. Least you can do is help prevent this scum bag from ripping some else off.
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What a great way to spend your time and money.
 
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sbw1 said:
View attachment 108227
What a great way to spend your time and money.
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Agree, mine been on land a month because the broker only finger tightened the intake manifold after replacing the heads, and fkd up the gaskets causing other issues. I hate that prick, would love to c-t his b-lls off. Burn his house and sell his children into slavery. But i am fixing, no lawsuits, no bad mouth on social media (except here) and he will be un-named. Sometime you are the bug that hits the windshield. Move on fix it. Start a fight and maybe be counter sued for libel. Let it go.
go to mid Atlantic thread for the play by play.
 
Pirate Lady said:
Agree, mine been on land a month because the broker only finger tightened the intake manifold after replacing the heads, and fkd up the gaskets causing other issues. I hate that prick, would love to c-t his b-lls off. Burn his house and sell his children into slavery. But i am fixing, no lawsuits, no bad mouth on social media (except here) and he will be un-named. Sometime you are the bug that hits the windshield. Move on fix it. Start a fight and maybe be counter sued for libel. Let it go.
go to mid Atlantic thread for the play by play.
Click to expand...
why would you have a broker work on your boat?
 
Defending your rights and from get ripped off isn’t a waste of time. Letting crooks get away with that type of stuff allows them to keep doing it if there are no consequences.

Luckily I have the time, money, and contacts to illuminate this unscrupulous broker and would take joy in doing it.
 
El Capitan said:
Defending your rights and from get ripped off isn’t a waste of time. Letting crooks get away with that type of stuff allows them to keep doing it if there are no consequences.

Luckily I have the time, money, and contacts to illuminate this unscrupulous broker and would take joy in doing it.
Click to expand...
How do you know the broker is a crook. He promised to replace the switch pad. He could have not really knowing it was the EIM module that is the problem. I’ll bet 90% of the boating world has no clue that’s a problem with those years.
 
The real question is, you say broker but was it a brokerage boat or a dealer owned trade?

If it was a brokerage boat, the prior owner of the boat would be who is responsible for the repair and would have had to agree to replace the pad.

I totally agree, most of the problems with those pads are the EIM so it was likely mis-diagnosed.
 
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