a Sorry boat deal !!! Long sorry!!!

lacy10 · Post by **lacy10** » Sun Feb 22, 2009 7:15 pm

Although I have been a member since 2005 I have never had any thing to express , well now I do , I have a question on what to do , and how to handle a situation .
I have purchased 3 new boats in my life, all from the same dealer , in general all the deals went ok . until my last , a new 2007 , I was just getting over treatment for cancer , and went down and ordered me a new 2007 put $ 1000.00 down so it could get ordered , on the bottom of the paperwork it says this $ 1000.00 will be refunded when the boat comes in and gets financed. We agreed on what my trade in was worth or what I thought I owed . Well low and behold I owed $2500.00 less than what I thought let's say we agreed apon $35,000, but I only owed $32,500, or some thing around this , during my cancer treatment I was on my couch at home , drousy , half asleep, someone from the dealer called and asked if they owed me any or were we even , needless to say I didn't return the call because I was still sick ! So months later after I started to recover and started fishing again , I asked the owner of the dealership would you look into this because you owe me $3500.00 on our contract , He said he would ,but he didn't or he didn't contact me . A few mos. went by and I put it into writing and personally delivered it . Well 4 months have gone buy and I haven't heard a thing . My question is what do I do next, small claims , superior court, get a lawyer, should I file on them for breach of contract , because they didn,t follow thru with their end. Maybe I am entitled to all the money I 've paid , plus my old boat back . I just don't know what to do . But I will never step into their store again...They've already lost[/u]

Maddoglures · Post by **Maddoglures** » Sun Feb 22, 2009 7:41 pm

If you have a valid claim, Small Claims Court will get your money back faster.

Just make sure when you go into court, you have all your paper work to prove your case.

You sure can document all of the phone calls and meetings, also document what response you got to your letter. I would even call him on the phone ask them for a face to face meeting, documenting that also.

When you get to small claims court, you can say you made every effort to get your refund.
Most dealers know that any smalls claims court, judgement claim will be on their record, they just might want to settle up before a judgement gets against them.

Most courts before you make your case, they will have an arbitrator in court.
They can try to come to some mutual agreement between you and the dealer.

I speak from being a witness in a similar case. My friend got all of his money back.

Good Luck

midwesttransplant · Post by **midwesttransplant** » Mon Feb 23, 2009 11:12 am

Sorry to hear about your luck. I would first speak with someone in management and make them aware that you are planning on taking them to small claims court.

Often times this will draw attention to your matter and save you the fees associated with small claims court. Many times small claims court are settled out of court but after you pay for the fees you will not be refunded these fees.

Best of luck to you.

Brian D. · Post by **Brian D.** » Mon Feb 23, 2009 12:48 pm

Dewey, Cheatum, & Howell.

Guarenteed to get some results.

J/k...

smittyfish · Post by **smittyfish** » Mon Feb 23, 2009 5:21 pm

They worked for the stooges

aNNieNsaLTIE · Post by **aNNieNsaLTIE** » Tue Feb 24, 2009 12:03 am

what is the dealer's problem. has he informed you with any problems he has encountered? i thin he should admit what the problem is or try to get it out of him. maybe he could offer you something in exchange in the mean time like extra warranty or upgrades he may have sitting around until he could give you what is owed.... I think you deserve some comp. since you have bought 3 boats total from this person/dealership.