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Water or gas in oil Why?

Paul Cassel wrote in
:

I agree with you in principle, but here the dealer said the engine was
in fine shape and it wasn't. I think the OP should advise the dealer of
the deficiencies to see if the dealer, due to general policy, will
address or at least diagnose the problem.

One wonders, aloud, if these statements from the dealer's people didn't
create an "implied warranty of merchantability" making these loose
statements to you.....??

http://www.ftc.gov/bcp/conline/pubs/...ts/warrant.htm

In the part about implied warranties, even if there is no written
warranty, it says:

"Implied warranties are created by state law, and all states have them.
Almost every purchase you make is covered by an implied warranty.

The most common type of implied warranty—a "warranty of
merchantability," means that the seller promises that the product will do
what it is supposed to do. For example, a car will run and a toaster will
toast.

Another type of implied warranty is the "warranty of fitness for a
particular purpose." This applies when you buy a product on the seller's
advice that it is suitable for a particular use. For example, a person
who suggests that you buy a certain sleeping bag for zero-degree weather
warrants that the sleeping bag will be suitable for zero degrees.

If your purchase does not come with a written warranty, it is still
covered by implied warranties unless the product is marked "as is," or
the seller otherwise indicates in writing that no warranty is given.
Several states, including Kansas, Maine, Maryland,
Massachusetts, Mississippi, Vermont, West Virginia, and the District of
Columbia, do not permit "as is" sales.

If problems arise that are not covered by the written warranty, you
should investigate the protection given by your implied warranty.

Implied warranty coverage can last as long as four years, although the
length of the coverage varies from state to state. A lawyer or a state
consumer protection office can provide more information about implied
warranty coverage in your state."

This is from the Federal Trade Commission, the people tasked with
enforcement. It's not just a good idea, it's the LAW! 15USC50 section
2300. Most interesting reading.

What state are you in? Those listed above prevent businesses from
selling to consumers "as is", under any circumstances.

His making oral statements to you that this engine is in fine running
condition, especially in some states, creates all the warranty you need
to force him to fix it to the status he promised....(c; If you're going
to buy something expensive, even used, it's a great idea to record any
conversations with the sleazy *******s as well as have a friend, who is
not related to you, "casually listening" as a witness for the court
hearings. "Yes, your honor, Salesman Jeffries clearly said this Plymouth
Neon was in perfect condition and would run without trouble." Salesman
Jeffries, of course, was lying through his teeth. He knew the clutch
slipped and it wouldn't start most mornings, the sleazy *******.

"Here's what he told me, your honor.", he said clicking PLAY on his tiny
MP3 recorder for the court to hear the sales pitch....(c;

The look on the dealer's face?........PRICELESS.

Water or gas in oil Why?

Larry wrote:

http://www.ftc.gov/bcp/conline/pubs/...ts/warrant.htm

In the part about implied warranties, even if there is no written
warranty, it says:

I don't doubt that with a shark representation, the OP could force the
dealer into a warranty claim. I admire his choice to accept the prima
facie lack of warranty. I mentioned that he go to the dealer only to see
if the dealer, on general principles (as opposed to being coerced into
it) would assist him.

-paul

Water or gas in oil Why?

Paul Cassel wrote:
Larry wrote:

http://www.ftc.gov/bcp/conline/pubs/...ts/warrant.htm

In the part about implied warranties, even if there is no written
warranty, it says:

I don't doubt that with a shark representation, the OP could force the
dealer into a warranty claim. I admire his choice to accept the prima
facie lack of warranty. I mentioned that he go to the dealer only to see
if the dealer, on general principles (as opposed to being coerced into
it) would assist him.

-paul

Sorry my post got things heated, it was good reading though. I do
accept the fact it was sold as-is but the trouble I have was I asked
him right out before I made the deal,"Everything is 100% right? It is
not going to fall apart after I start using it. He answered no, its not
going to fall apart its a good boat, I checked it out, ran it in the
river, repaired the drive everything is working fine. I have no problem
selling you this boat.
That was the conversation. Yes, I have an issue being told it was 100%
but then I have to take some blame by accepting the word of someone I
do not know instead of forcing something in writing.

He is willing to look at it but again he said worry about the cost
later. I think this time I have it spelled out in writing.

Water or gas in oil Why?

I would not hide a thing. I would make it clear the boat is 17 years
old and the company is no longer in business. For every person that
tells me the parts are no longer available I have 3 tell me I am just
not looking in the right places. So I guess it comes down to what is
important, a parts outlet at every corner or a cheap boat to play with.
For me I want iron clad part availability. I do not like hunting. I
hate flea markets. I want to call or go into the shop order it and have
it in a few days. I do not want to search ebay for them.

So I guess it is all what you want. Yes, I want a new boat! Now tell my
wife to agree.

Paul Cassel wrote:
wrote:
Still in Limbo. I am taking it out to the river tomorrow to test it. I
was just informed I can't even get cooling hoses for it anymore. Most
are molded. So get a leak and its all over. it if runs well and seems
to be ok I will try to sell it. I am a bit scared of not being able to
get parts.

I suspect there is a solution to replacing molded hoses. They are common
enough and there are plenty of old boats / trucks / cars running around
today which used them.

I will leave it to you the ethics of selling something you think is a
timebomb. I expect you learned a lesson. I suppose now it's time for the
next guy in line to learn one.

-paul