Dealer mistake!!

[FrankfromPa.]

I live in wesetern Pa.and have been doing fairly decent in some local walleye tournaments in my region.Recently I decided to buy my first brand new boat.I did the usual comparisons and decided on the boat I would get.`I will not mention brand or dealership so that my thread doesn't get sidetracked.Here is my problem,the dealer quoted me a price ,we got my loan approved,I put one third of the money down, and thought that everything was peachy.Last week the dealer calls me and tells me that he quoted me a price on a 2 stroke kicker instead of the 4 stroke that I wanted.I told him the price difference wasn,t that much and not to worry over an honest mistake.Now yesterday the dealer calls me and tells me he made a 3500 dollar mitake on the price of the boat I wanted.As soon as I can pick my jaw up off the floor and maybe with some advice from you guys I will call him and give my decision.I am not one to burn any bridges but I am sitting here with my lighter in my hand .Any advice would be greatly appreciated.

[jimbo2]

Do you have the purchase agreement in writing?
If so, thats a binding contract. His mistake should not be your crisis. He screwed up, thats too bad for him. Hold him to all of it, including the price on the kicker. Don't be a sap and soak up his error. I'm getting sick of people like this. If he's a dealer, he should know better than to make a mistake like this.
Good luck and hold firm!!

[Jim O]

Sounds like the dealer is either totally incompetent or doing the east coast hustle on you. In your shopping, did he seem to be that much lower than other dealers?
If you have reason to believe that they provide (otherwise) great service and have a good reputation, I would try to work it out, comparing to other deals you have shopped. If you have no other reason than the original lowball price, I would tell them to deliver on the contract price or give you the downpayment back and walk. I like to assume that all people are honest, as I guess from your post, you do as well. The fact is some are not.
Look him in the eye and make your decision.
Too bad this has turned into a crummy deal for you. This should be a fun and exiting time for you.
Good luck
Jim Ordway

[James]

An oral contract is binding also, but a bit harder to prove, stick to your guns

[steve(IL)]

How frustrating! IMHO -

1) Try hard to remain calm
2) Mistakes happen. Ask to have it spelled out clearly to understand what went wrong(genuine mistake or weasling out?)
3) You had a contract/agreement - if they change their end, it frees you up to reconsider. This should not be perceived as "burning a bridge". If you could do better somewhere else, you are not obligated to remain with this dealer.
4) Follow your conscience & do the right thing.

Many dealerships I've visited are family run places. I don't see too many folks getting "fat" off the boat business these days. There may be some mega dealers doing well off volume, but if you are dealing with an honorable smaller dealership - I'd suggest having a little more sympathy if warranted.

Good luck getting it sorted out.

[cisco]

This one really smells. No matter the size (family business) or the location or anything else, there is no justification for a mistake between 2-cycle and 4-stroke (the cost is considerable), and no justification for a $3500 error on price of boat quoted.

If the dealer won't honor the purchase agreement, get a lawyer (if you care to fight) or get out. He's not the only dealer in the world.

You'll be needing service over the years. How will you feel about service costs--or even whether charged service is done--at the place where you are presently embroiled.

[Marty]

Frank, aside from being an avid walleye angler, I am an attorney in Pittsburgh. I'm always willing to help out a fellow fisherman. If you want some quick, free guidance, email me! I hate when these people pull this crap!

[Kelly]

Hi Frank from Pa. I'm in somewhat the same predicament as you are. I ordered a new boat fully rigged for tournament walleye fishing in September. I traded in my 2 boats on the deal, both of which were real good boats/motors. I have a signed bill of sale also. Meanwhile the dealer sold one of my boats. My salesman called me at the end of October and assured me the boat would be complete and ready for p/u in mid to late November at the latest. Due to some unforeseen circumstances my original salesman was fired. The new owner then called me in December when OMC's turmoil began and said we would have to renegotiate the deal because I got 25% off the motors originally but now that no longer applied due to the OMC crisis. To make an extremely long story short my boat is at the dealers covered in snow and water with no motors on it and no assurance there will be anytime soon. I am to say the least extremely angry and may be forced to take legal action which will not be at all pretty for the dealer. My advice to you stick to your guns, dealers should not make mistakes of that magnitude and if they do they should eat it not the consumer. I am not budging on my deal as I was told alot of untruths through all this and that I don't appreciate either. I wish you the best in your situation Frank and let us know how you make out.

[sib]

you get my vote for nice guy of the day award!:-)

"go outside and play"
sib

[vern]

well don't know if this helps or not.I'm a contractor and if i tell some one it will cast$$$$ that's what it will be.
written contracts are the greatest, but my word is my bond.
i've lost a lot on one or two but people still come back for more work to be done because they know i stand behind the price i give.

these boy's are trying to get to you.

[Dutchman]

Sounds like this guy is manipulating a bad deal for you into a windfall profit. Have an attouney send him aletter with a copy of your puchase agreement. A tournament angler with out a boat could possibly be losing a profit themselves. And posting who both of these dealers are may benifit many other unsuspecting future boat buyers from getting reamed by these guys. They made the deal and know they are bound to it... Just my thoughts

[vern]

i'm a contractor in iowa. if i quote a price that's what it will be.if i quote short (shame on me). i'm suppose to know what everything cost.if i would do this i would not get any work.
tell them to live up to there word as a co. because word of mouth can make it ##### for a co.

[cisco]

Marty -- do much more of that, and folks will stop speaking ill of attorneys. You are a fine fellow. May all big walleyes under your boat sample your lures.

[Iman]

Frank,
Get rid of this guy and the dealership. It is pretty obvious this guy is taking you on a ride. As a salesman he knows the exact pricing of his merchandise and what he needs to make a profit. It sounds like he is trying to extend his profit a little deeper into his pocket. This is not right. As a fellow fisherman, I can not stand to see and hear this type of situation occur, and it does occur quite often. You more than likely work hard for your money, stand up for yourself because it is YOUR money the salesman is dealing with not his. I hope everything works out for you. Let us know what happens.

[River_eye]

I agree. You should hold him to it. If you do, then it will guarantee that he will never make that mistake again.

River eye

[FrankfromPa.]

The responses I just got from you folks are exactly the reason I like this site.Mature, responsible replys,HECK I was even offered free legal advice.I'm gonna throw my boots on and drive down and talk to the dealer.I'll let you know how I made out.Thanks again,Frank.

[wiggle]

If I were you I would make the dealer stick to his price that is on the contract. If the dealer does make good on the boat, don't expect any special treatment on their part. Do you plan on using them for questions, equipment, parts and service?????

[rvvrrat]

FrankfromPA,

As others have said, this guy is trying to rip you off. I had a similar situatation happen with different results. I had been shopping for a boat over the winter. Went to a local sping sports show and saw one of the dealers I had talked to. He had a boat that was 2 feet longer and had 40 more HP that the boat I was dealing on AND at a cheaper price...to make it short, I asked few quesions and the light bulb went on for him. As we were talking he took the price off the boat, but said he would honor that price for me for the duration of the show. Went back the next day and signed the papers for the boat. He made out OK because I ended up buying a trolling motor and depth finder through him and ran all the service through him for the next 12 years. I always respected him for honoring the price.

Pete

[PRO-V]

I had a similar situation with my dealer. He quoted me on a bunk trailer. Before I knew it he stated he had to re-quote as he would be losing money if he were to sell at that price with that specific trailer. It ended up working out in my favor as I fish a lot of shallow launches, but this is trend is all to familiar. Honest mistake is one thing, but if he signed a purchase agreement he needs to be held to it.

PRO-V

[The Great Guide]

You are right to go down there and talk to the dealer. If they stick by their price. Then get your money back and head for the door. If they refuse to refund your money then get some legal help. There are lots of boat dealers and lots of boats. You might just end up with a much better deal.

This is something someone told be when I entered the business world 25 years ago.

" If you choose to wrestle in the mud with a pig, you will soon find out the the pig enjoys it."

TGG

Get boat...Go fishing!

[I Be A Dealer]

My advice: Get your money back!
Then start over, where ever you choose.

[Lund_Dude]

An oral contract is not binding in cases where there is substantial cost involved. I am not exactly sure where the break line is, but am pretty sure that he is over that level. Anyway, he should stick to his guns.

[MarkG]

I also vote for getting your money back and starting over.He already breached his side of the contract so there should be no issue with you getting a refund.Even if he claims there is, because he ordered the boat for you.Trying to "hold" him to it may be a lost cause,since he simply does not have to sell you the boat if he doesnt want to, as long as he gives you the refund. Seek the legal help offered if the refund becomes the issue,if it comes to that,but definitly walk away from this deal or start over completly.I hope you did all your homework before you entered into the deal.I have been shopping and getting WRITTEN OUT THE DOOR bids on various boats for several weeks from all the dealers I can get to. I know what the boats I am looking at should cost. I think a 3500.00+ differance would be pretty noticable for you if you had priced the same rigs
elsewere in some comparison shopping,Which in that case I would have jumped on that deal too,but not been surprised if it came back and got trashed because it was a mistake. There just isnt that kind if differance between dealers for the same rigs.After getting your refund,I suggest you comparison shop,including with the guy you are workin with now,(it may have been an honest mistake )unless of course he gives you grief regarding the refund.Then make your decision on where to buy and what it should cost.But you really need to start over.

[Rookie-WIS]

FrankfromPA, not much to add here except I WILL at some point be using 'The Great Guides' quote and using it often!! I Love that! The mistake on the kicker motor must be a popular thing to try because it happened to me as well. After days of working on a deal for the boat, motor and kicker, which by the way is getting out of hand, he called back to say there was a $60 difference in the price of the kicker. I simply asked him if that was enough to lose the whole sale over. Many comments have already been made on the having a contract end of it. This is the important piece of the puzzle. When I purchased my truck the same thing happened to me. They wanted more money for it when the truck arrived at the lot. The contract I had when the deal was made saved the day. There's alot of good advice here so good luck to you and have fun this summer!!

Rookie

[Driftr]

Howdy Frank,
I am from western Pa also. You wouldn't happen to be shopping near the Butler area would you?
Good Luck,
Driftr

[FrankfromPa.]

A special thanks to everyone that responded. I went to the dealership and the owner explained to me the special circumstances. He showed me on his price sheets, where a 1700 Angler price was directly above the price for a 1775 Pro-V. He was obviously one line off. I can see how this could happen, it was another honest mistake. Since I was already stretched to the limit on the price that he originally gave me, and I wasn't very happy at the moment, I requested my down payment back, and cancelled the deal.

This dealer has helped me in the past, and I hope he will continue to help me in the future. We cancelled the deal on good terms, I left there not with a smile on my face, (a little bummed-out), but feeling content that I didn't start the fire under the bridge.

Thanks again, Frank.


P.S. Those new Mercury's that he will have to pay interest on sure looked pretty sitting in his shop today. hehehe

[STUMP]

The purchace contract you signed is a legal binding contract.Its his responsibility to know the merchandise he is selling.worst case scenario...you would have had to pay a $110 filing fee for a court date to make him honor the contract,that leaves $3,390 left in your pocket(thats a lot of tackle)Bet those Mercs would have looked a lot better on your boat then in his showroom!Oh well, good luck on your next deal and stick to your guns!

[NDRON]

FrankfromPA,
Thanks for being a gentleman and allowing for a simple mistake.
You are as asset to society and the sportsmans world. You could have stuck it to the dealer like everyone on the thread urged you to do but you are too good of a person. Sometimes people make HONEST mistakes and that person shouldn't be crucified for it. I am disappointed in the narrow minded posts from everyone. Frank You will reap benefits from your actions one way or another. Good luck to everyone sprong is only 2 weeks away.

[curt quesnell]

well frank, i think you did the right thing too. like ndron
said you took the high road.
i think the guy was trying to "boost" his deal (like so many
other posters on the thread) but you dont KNOW that. at least
you didnt have trouble getting your downstroke back.
the dumb mistakes cost the dealer a deal instead of
costing you about 4 grand.

good luck boat hunting

curt quesnell

[Steve Richards]

If you have a contract that specifies the equipment and indicates your downpayment you should be okay, however you may have to sue the guy. I would first hire a lawyer for a couple of hundred to at least show him that you are serious and that you will make sure that all of the local media outlets hear of your problem.

Now as far as the oral agreement, anything of value over $500 has to be in writing or the guy wanting to back out of the deal has a defense of what they call in law as the "statute of frauds." This does not mean you need a written contract to sell something over $500, but if you do not you will have a problem in a situation such as this.

I hope this may help you and others out who read this.

[Mean Mike]

LAST EDITED ON Mar-09-01 AT 07:39AM (CST)[p]Frank,

Glad you got you $$ back without a hassle. Also, glad to see we still have people like you and Marty here in Western PA.

[fisher]

>Howdy Frank,
> I am
>from western Pa also. You
>wouldn't happen to be shopping
>near the Butler area would
>you?
>Good Luck,
>Driftr


Could be BW boat sales.................

[ddt]

Frank.=====Just one word for you.
(CLASS)

[FrankfromPa.]

Hello Fisher and Driftr! I'm not trying to avoid you guys,Ijust didn't want to mention any names.Yes I do live just north of Butler.Where are you from, and where do you usually fish? We caught a few keepers on the allegheny last Sunday.Nothing big.I had fresh walleye and eggs for breakfast late Sunday morning.mm mm .I also drove out to Lake Arthur and saw the main lake is open water.Still some ice in the bays.We haven't been out since we got pounded with the snow this week.We will be back on the Allegheny Sunday. Good Luck,Frank.

[Tallmike]

Frank, You did the right and honorable thing. Quite often doing what is right and proper does not necessarily feel the greatest but does show that there is room for compassion in us as humans. It didn't turn out really well for either you or the dealer but compare it to the mess that might have taken place. Not so much money but still a bummer for me recently: purchased a really nice Loomis steelhead rod from a lady out in Oregon, paid her, she shipped it through UPS ( gorillas ) who broke the thing getting it to me. Lady only insured it for the purchase price, not the replacement cost. I got my money back but would rather have had the rod so I was bummed. However, the lady was at least honest enough to refund my money. She probably lost the $10 shipping cost because I don't think UPS would refund that though they most likely honored the insurance claim on the purchase price. Be very wary of UPS, I had a really bad experience with them in trying to ship a trolling motor. The bums dropped the thing and broke the prop, then blamed me for improper packaging. You are not dealing with an individual (where you have greater luck, perhaps) you are dealing with a big cumbersome beauracracy. They have plenty of lawyers to tie things up in court. You lose! Been there and now I think twice about ever shipping through UPS again.

[219guy]

Frank
About 12 years ago, I ran into a similer situation with a large dealership in White Bear Lake Mn. I was at the Minneapolis Boat Show, found the boat/motor combination that I had chosen before going to the show, negotiated a price with the dealership's top salesman, signed a purchase agreement, made a down payment at the show, got my loan 2 days later and went to pick up the boat.
At that point, the owner of the dealership informed me that the purchase aggrement was NOY VALID unless signed by an officer of the company and that they were not going to honor the price. After I had contacted the Better Business Bureau and the Minnesota State Attorney Generals Office, the dealership agreed to sell the package at the original quoted price, minus the no charge accessory package that had been offerd as a show special. Take this "dealer" to the wall and make them honor their original aggrement. If they fight - fight back. Nothing worse in the world then theives disguised as business people.
219guy

[fisher]

Hi Frank
I'm just south of butler. Fish pyme after ice out, tried the allegheny once just north of franklin a while back,and just figuring out how to troll on erie. C'mon haymaker!! lets get the boats ready!!!!!

[IaCraig]

Good job Frank.

I hope the dealer appreciates your morals and I wonder if he would do the same for you if you signed a contract quoted $3500 high???

IaCraig