What would you do?

[Kdawg1966]

I bought a new boat at the sportsmans show at the end of March. I asked the salesman and the owner if the boat would be here by opener. They both assured me that it would. The owner even told me, "we tell folks six weeks, but we expect it here in five". This was a BIG determining factor in me buying a new boat this spring. I only get to go on two trips this year, once in spring and the other in late fall. I called the salesman almost 3 weeks ago and asked him again about the arrival date, as I had heard from the factory that my build date wasn't until May 4th. I also told the salesman that if the boat wasn't here by opener, that I would NOT be interested in buying the boat. He told me that he sent an email to the manufacturer that stated this as well and to let him know if it was going to be a problem. Their only response was to ask for a confirmation on the boat colors, with no mention of the delivery date being a problem.

I'm leaving on my spring trip this Wednesday and I called my bro-in-law to let him know that in all likelihood, we'd be fishing out of his boat. I plan on calling the salesman Monday (I called this morning but he wasn't there, nor was anyone else who could tell me the skinny on delivery) and letting him know that if the boat isn't here by Wednesday that I'll be asking for my deposit back (6K), and would be backing out of the deal.

There's no way I would have bought a boat if I knew it wasn't going to be here for spring fishing, and I'd have to pay to store the boat until I was able to use it again this fall. I can't see where I would be in the wrong here, but I know that it becomes easy at times to have tunnel vision. Am I being unreasonable? What would you guys do?

[MN_Moose]

Originally Posted by Kdawg1966

if the boat isn't here by Wednesday that I'll be asking for my deposit back (6K), and would be backing out of the deal.

Do you have it in writing on the sales contract that the boat would be delivered by a certain (opener) date?

If not you might risk loosing the deposit or they could even force you to buy the boat as signed.

[Jerryv]

That is cutting it too close for me. You would have a hard time even getting in a shakedown cruise let alone breaking in the engine before your trip.

I would ask him to either refund your deposit or give you a loaner for your trip.

Jerry

[yarcraft91]

I'm with JerryV- the clock has already run out for your spring trip. No way would I take an untested boat on a once-a-year trip- I'd want to put 20-30 hours on it before I'd depend on it. But, you say you bought the boat at the end of March and were promised 6 weeks delivery. IMHO you didn't allow enough time between purchase and your trip that starts Wednesday, May 19, only 7 weeks from the end of March. Let's say the boat had been delivered last week. You only needed to have one problem requiring a warranty repair and you wouldn't have the boat next week, anyway. On a new boat, one problem is quite likely. I know this isn't what you want to hear, but it's also just my opinion.

If you have a sales contract with an agreed delivery date and that date has past, you may be able to back out of the sale without penalty. Read the sales contract. If you can't back out, ask the dealer to store that boat indoors at his expense until your fall trip.

[jokerjim]

As has been said, if you don't have the deal, depending upon the delivery date, in writing you are at the dealers mercy. The dealer is going to blame any delay in delivery on the boat mfg.

[rockpt]

I don't think you're being unreasonable. Sounds like you made time of the essence and hopefully you have that in writing either in the contract or in emails with the dealer. If not, I wouldn't get too hung up on that. Small claims courts are courts of law but also courts of equity, meaning they have wider latitude to look for a fair resolution of the dispute than does a state or federal court that has to rigidly follow the law. If delivery before the opener was a material term of the contract, then they're in breach if they don't deliver by Wed. and you're entitled to your deposit back. I would ask for a copy of the order from the dealer to the manufacturer and also any emails or any other correspondence between the dealer and the manufacturer. Those documents should show that you made time of the essence. Good luck.

[stumper1300]

I think you might as well try to get the deler to store it for you.


Am I the only one that thinks its crazy to spend that much on a boat for 2 trips a yr?

[popo]

I agree with the others. If you have a contract with the delivery date stated, you probably can get your deposit back. If it is word of mouth, you can ask for your deposit back, but more then likely, you won't get it refunded. Then you will have to decide weather to wait for the boat, or lose your deposit. My 2 cents.
Let us know the outcome.

[Kdawg1966]

[QUOTE=stumper1300;1200712


Am I the only one that thinks its crazy to spend that much on a boat for 2 trips a yr?[/QUOTE]

I don't do 2 trips a year. Because of my daughters graduation and many other "events" happening this year, I will be limited to 2 trips this year. Most years I make about 5 to 8 trips. I haven't been without a boat for the last 9 years or so, but because of the way things were shaping up, I knew that I was going to have a limited year this year. If I knew that I wouldn't be able to have the boat for my first trip, I would have waited to buy. I guess this is just one of those times that I took people on their word, and got stung by it. Oh well, it isn't the first time and sadly enough, probably won't be my last. Thanks for all the input.

[counterguy]

Most manufacturers, not just boat, are pretty good about keeping to the delivery dates they promised. I own a countertop company and am dealing with deadlines all the time and I keep them as best I can. But sometimes I miss deadlines due to unforseen ciscumstances. Materials not on time, employees missing work, overscheduling just to name a few. Bottom line is you decided to order a new boat six weeks before opener and believed a salesman who would probably say anything to get you to sign on the dotted line.

Personally I would have waited til next your to buy a new boat if my summer were as busy as yours sounds like it is going to be.

I think the only leg you have to stand on is if you got it in the contract. If not, the ball is in there court.

Good Luck!