Take A Look At This Trailer...

With that said, why is the manufacture responsible for neglected, and or misuse of said trailer???

Just conjecture, but I don't think the manufacturer is worried about liability. If I was a manufacturer I would be PO'd at a dealer for selling one of my products when it was obviously in bad shape. I would want to know who said "it's a solid trailer". I would rather them have scrapped it then to try and re-sell it.

However, there is a possibility that the manufacturer may do something via "good-will" just to keep their name in good standing. But I agree with your line of thinking that the manufacturer should not bear any liability. But again, this is all from a layman's point of view.
 
I noticed the rust on the surface around the tail lights and around the front where the 3 beams come together when I was looking at the boat. The saleman said that this trailer was just inspected in August by the dealers techs and was deemed road worthy. I figured I would just go home do a little sandblasting, fix a couple of rust spots and mod it to fit the boat and I would have a kick but trailer. Im not angry thinking that I got ripped off just angry I got lied to and that lie could have resulted in disaster.

UPDATE:

After all the emails and pictures and phone calls to the dealer, the salesman finally sent me an email that says simply this:

OK i'll get back with you when I get back in town on the 3rd

A man of few words I guess, but He was sure talking up a storm when I was making up my mind to buy the boat...
 
....why is the manufacture responsible for neglected, and or misuse of said trailer???.....
I do not see abuse. It is foreseeable that the trailer will be used in the ocean, and any of us with steel trailers will eventually need to retire them due to rust. The problem in this case is the mode of failure - potentally fatal. The correct mode of failure is gradual distress that would make the impending failure obvious to the user. This is a design flaw, not abuse by the end user.

I hope Master Craft does the right thing and recall all trailers with this design. A notice to the consumer product safety commission or the NTSB would be in order if they do not.
 
The dealer misrepresented the condition of the product. He claimed that the trailer was inspected and deemed roadworthy in August. Demand to see the inspection. Call the motor vehicles people and see if they can give you the name of the person and company that signed off on the last inspection.

Bottom line is that this dealer endanged your life, your family's lives, and the lives of every person in other vehicle that you drove within 200' of. The product that he sold you was not "fit for use in its intended purpose". There is a thing called an "implied warranty". I pasted some information about that below. The dealer represented the product as fit for use. He claimed it was "inspected" ("Bob... can you look in the parking lot to see if there is a red Master Craft trailer out there?"... "Sure is, Dave. Looks to be in fine shape to me."... "Ok... thanks for the inspection, Bob."). It was simply NOT fit for use, and his misrepresentation of the condition of the trailer put all those lives at risk. He was damn lucky that no one really got hurt, or someone else would be owning that dealership in a hurry...

Implied Warranties

Some products do not come with a written warranty. These are called implied warranties. Most states have adopted the Uniform Commercial Code. This law provides that new products come with two important implied warranties. One covers the product for merchantability; the other covers the product for fitness. The warranty that covers merchantability assures that the product purchased will work if used for its intended purpose. The warranty covering the fitness of the product provides that the product will work if you used it in a reasonable manner and consistent with its intended purpose.

Implied warranties also cover used products. However the warranty or promise is based on the product being in a used condition. The implied warranty for a used product is that it will work as expected given the products age and condition.
In most states an expressed warranty will last for the term stated in the language of the warranty. If it says five years, it means five years. Implied warranties of new products can last indefinitely but can be limited by the limitations inherent in the products intended use and under its intended purpose.
 
This trailer turned out to be a total mess. The main failure appears to be of a material nature. The root cause of the material failure; inferior recycled steel? salt water? PO abuse? at this point who knows.

There is an awful lot of imported recycled steel being used today, some things just seem to fall apart sooner than norm these days. ... The tires and bunk material seem pretty warn like PO could have been a tournament fisherman.

Now the selling Dealer... I have to agree with most here. He knows what he's doing, he even said so. Now it would seem he's giving the deal a little cool off time. I would think in these tough sell times he would be Johnny on the spot and take care of this asap. Customers are far and few these days! ... Ron
 
I would like to give my input about salt water since I have a lot of experience.

I live on the ocean (my sea wall is 15 feet from the ocean).
My boat along with the trailer is parked 20 feet from the sea.

It took about 8 years for the bearings to sheer off from the axle. Re-welded bearings onto custom made axle, and the trailer lasted another 4 years until it was rusted all the way through.

Although the boat was not used a whole lot (20 hours per summer) it was parked in the salt for 1-2 hours at a time and was parked near the ocean (let me tell you sea salt from the air carries)

The trailer was oversized for the boat, made for a 20 footer, the boat was 18 feet, 2000lbs. and the trailer did not see the road often.

We found a very cheap 2nd hand galvanized trailer slightly undersized (the boat never goes on the road) and it's been awesome. Just needed to change the bearing.

That being said, After 4-5 years I find it strange that your trailer is complete junk.

picture033wb.jpg
 
Ok, flame suit on :) The dealer did a crappy thing even considering selling this to you, but in all honesty, with the amount of OBVIOUS damage to the trailer, you didnt think twice about pulling away with it. Or you didnt really inspect it to the best of your ability either. With the pictures you posted, had you looked before hand, it would have been obvious this wasnt road-worthy.

Again, dealer sucks, and they should HAVE to give you a new trailer, but some personal responsibility for inspecting such a deadly thing as a boat and trailer going on the road does also lie with the buyer. I know EVERY time I am ready to bring my boat anywhere (and my trailer is new) I still go around and inspect it.
Every few trips and Im under with ratchets and drives tightening or checking for tightness. Lights working etc...
 
Ok, flame suit on :) .....in all honesty, with the amount of OBVIOUS damage to the trailer, you didnt think twice about pulling away with it.......
Fair comment, but this still reflects back on the dealer. Part of the sale and departure checklist is checking the buyer's competence to pull out onto public streets. Heck, bars have been held accountable for letting obvious DUIs on the road. I agree the driver in both cases is accountable, but I thinik there are many among us who place our trust in a dealer who says the trailer is roadworthy.

The price is the real tell on what happened. $1000 for a nice boat and trailer??? If it is too good to be true.....
 
I am an automotive engineer and we do salt spray testing on axles. Either that trailer was used in salt water ALOT, or it's very old. No way it just rusted like that on it's own. I would rent a flat-bed trailer and take it back to where you bought it from and demand some $$$ back. I am sure that you could find a good used trailer for a few $K.

Get that boat off there before you have it lying on your driveway!

Glad nobody was hurt or worse.....good luck.
 
One other thought. Did you have a survey done on the boat? If someone is willing to sell you a trailer like that, I would be very concerned about the condition of the boat.
 
Update on this situation is that LAWYERS have gotten involved and it looks like its going to court. I can not go into to many details because both sides have everything that has been written on these forums. Their is obviously no "gag order" but I cant go into the details. I will post what stages we are in and the results. Here We Go!!!

PS.

The local news station was all revved up to do a story about this, but they have put it on hold because it has escillated with attorneys being brought into the picture. The dealership are the ones that initiated the legal action...
 
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Update on this situation is that LAWYERS have gotten involved and it looks like its going to court. I can not go into to many details because both sides have everything that has been written on these forums. Their is obviously no "gag order" but I cant go into the details. I will post what stages we are in and the results. Here We Go!!!

PS.

The local news station was all revved up to do a story about this, but they have put it on hold because it has escillated with attorneys being brought into the picture. The dealership are the ones that initiated the legal action...

They initiated it because long term the dealerships wants to be held harmless of any additional law suits that could arise. They will probably settle in your favor but make you sign a form releasing them from any further responsibility. If it wasn't a big issue like this case, it's doubtful they would go this course.

Doug
 
They initiated it because long term the dealerships wants to be held harmless of any additional law suits that could arise. They will probably settle in your favor but make you sign a form releasing them from any further responsibility. If it wasn't a big issue like this case, it's doubtful they would go this course.

Doug

Doug you don't even know what the legal action is that the dealership initiated so how do you know why they initiated it. Posts at CSR have been monitored and may still be. We should all take some care to not aggravate the situation. I would suggest no more posting on this thread untill Alpheus is able to share the final outcome with us.
 
It was an educated guess or observation given the post. Nothing more, nothing less.

Doug
 
You bought this boat from Ski Boats Unlimited in Chesapeake? Why in the world would they put a used Sea Ray on a Mastercraft trailer?
 
....... I would suggest no more posting on this thread untill Alpheus is able to share the final outcome with us.
I agree with the intent, but we have interest in this case and can comment. First of all we are boat owners who do not want our image with the public harmed by a run-away-boat accident. If we are not responsible, there will be attempts to make us so. Second, we share the risks of the road, and I don't want dangerous equipment adding to my risk or the risks of others.

My only request is that any settlement require a recall of any trailer designed in such a manner that a catastrophic break is the first sign of massive rust that is mostly hidden from view. From a distance, that trailer looked fine. That is what makes it particularly dangerous.

Alpheus is not harmed other than his $1000 and his hassle factor - all trivial compared to what could have happened and might still happen it the root cause (dangerous design/construction) is not corrected. Get whole, but please also make sure they do not get away without fixing the problem that could bite again. You are in the best position to make a difference.
 
Re: Take A Look At This Trailer... UPDATE

Some of you may remember the trouble I was having with a local dealer with a 2006 MasterCraft trailer that I purchased along with a SeaRay boat.



Believe it or not, but this just got settled last week. After hiring an attorney to battle his attorney (mine was free=Cousin) Letter after letter was sent and they would wait till the very last day of the deadline to respond to each letter. When out of the blue I got a call from their attorney. He said that if I would cut up the trailer and send them the VIN tag that they would give me 500 dollars back for the trailer and drop all of their fees. I called my cousin and she immediately contacted them to confirm the deal. There were no strings attached. They just wanted the trailer destroyed and they wanted the VIN tag. Well the trailer got cut up and I got my money back.

Heres the start of me cutting it up:

DSC00232.jpg

DSC00236.jpg


I used the money to purchase a used Loadrite galvanized trailer. I should be on the water soon.
 

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