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Originally Posted by jroberts
answer should have been "no", followed by "why where is MY boat".
It is vehicle theft to remove your car from a repair shop without paying the bill.(in florida), we have had to call and report a car as stolen before.
I think you will be suprised at how it will clean up, back home i would see boats left out uncovered on purpose and get full of snow, but in the summer after a good cleaning they would look fine.
I wouldn't clean the boat or anything. You really shouldn't have to do anything. I would contact somebody high in Moomba and tell them all about this. I think you have a good case and people like this guy get me so angry!
I live in Indiana and I am quite familiar with Indiana law....with that being said I am not sure how it may help you where you live. In Indiana this would be considered a civil matter and Police will not get involved unless ordered so by a judge. Most times people will still call the police because it "intimidates" those that dont understand the law and when they see the police they assume that they will be arrested. Police try not to get involved in civil matters for obvious reasons. Here all they can do is put what's called a mechanics lein on the vehicle which means you cant sell the vehicle until the mechanic bills have been paid. If the police come knocking on your door for your boat I would ask them what the consequences are for not returning it. If they tell you that you can be arrested ask them what you can be arrested for. This will help because later in court you can state that you were coerced by the Police to return it therefore hold the department liable as well....this is the reason why most police departments dont get involved in civil matters. Or when the Police show up you can just deny that you even have the boat and that the shop owner is making up a story because it is his word against yours....that would at least buy you some time but it might be little tricky in the long run. Hope this helps.
Thanks everyone for your advice and your support. I wrote a couple of letters to our Regional Sales Representative, and one to RickT, the admin of the board. They never replied, but the dealer in question wrote to tell me that SC was willing to arbitrate for us, so I think that something has been going on in the background. The dealer asked that I send a check for the balance of my repairs to SC, and that they would give an opinion as to how it should be disbursed after doing some fact gathering. In some ways, this may be another naive move on my part, but I'm going to do it. I'll keep everyone updated.
With the laws and all, that is the right move and unfornunately really the only move. You have something in writting so that will help. The third party sometimes helps when it starts getting hot under the collar.
I also bought my boat from the only Moomba dealership in Cincy. I have had some significant service done and fortunately, I have not had the experience that you have had. They always did a good job of following up on anything they said they would do. Although it often took several trips to get it right. With that said, I truly trusted the salesman I purchased from and he was involved in all service as well. Unfortunately, he has left the dealership. I don't know if it is the same employee you mentioned, but I can't believe he would be 'let go for not following up with customers'. Good luck with your boat. I personally hope they aren't going under, but more importantly, I hope you get resolution.
This sure sounds like a bailment situation where liability on the part of the dealer is obvious. You should have had an outside neutral investigator document the condition of your boat before you picked it up. By not doing this you have created a question as to how and when any damage was caused. Next time you have a problem like this consult your lawyer before you take action. You wouldn't make an incision in your chest without consulting your physician, would you?
Kaneboats,
Yes, if I had it to do over, that is certainly what I would do. I tend to be the old fashioned type that doesn't carry his lawyer's card around in his shirt pocket, but I'm learning. I'm not sure that even that would have prevented controversy, however. I'm sure that they will claim that every fault is pre-existing, and that, in fact, leaving the boat outside all winter was really GOOD for it, and that I should pay extra for the favorable climate that exists behind their garage.
I did take pictures, and have preserved the boat in the exact condition in which I found it. I haven't even dug around looking for problems yet. I'm setting up an appointment with an expert to go through it with me the first time, and document the condition then. If SC arbitrates, I will wait for them. Really, I didn't go into this looking for a fight, or even anticipating one.
one word:
FUBAR!
Well Jeff,
Thanks for the PM but I’m buried right now so I think I’ll sit this one out. In 4 years George has had one other complaint filed here. I took a rather lengthy “let’s hear both sides” stand and all in all I probably should have sided more strongly with George.
The last issue was resolved about the time I posted, with luck this will work out the same. Rick and the SC folks have stepped in here before when needed. Usually because emotion has overcome logic.
As an aside, I charge my friends with Supras $50 a month for indoor storage. I ride with them a lot! The going rate is over $100. It sounds like your boat was there from fall to spring and I know his new boats are outside. Wrapped, but outside. Mine was also outside when I bought it (and under a foot of snow).
You are not going to have any structural damage from water or ice in the bottom of the boat. You might have some mildew. If he said the boat was inside, it should have been inside. If he fixed your boat, you should pay him. I should go to bed.
In the future, I always pull the plug when the boat is on the trailer. I bought the plug with a eye at the end so you can tighten with a bolt - and tie the darn thing to the stearing wheel. $7 at BassPro
Good luck,
SD2