Looking for opinions

[jroberts]

All,

If you have a moment, I would like a 2nd opinion from some impartial bystanders on a controversy that has arisen between me and the local Moomba dealer.

Last fall I took my ’03 Moomba Mobius LSV to be winterized and have some odds and ends fixed. It was sitting in my garage, and when I called the mechanic told me that there were a few boats ahead of mine and so it would have to wait outside for a while before it was serviced. It was already cold, so I wasn’t crazy about that idea. So, I asked him to let me know when no one else was ahead of me. He called, I took it in, and everything was good. He told me that it would be indoors while it was being serviced. A few days later he called back and told me that the winterization was finished but that several parts needed to be ordered for the other work.

I said that was fine as long as the boat wasn't left outside. This place has a new storage area, and a large inside show room, and so he said that he would stick it in the corner and call me when it was ready. I jokingly told him that he could keep it stored out there until May if he wanted to, as long as it was ready for the summer.

We have had a number of conversations since then, always the same: telling me that parts were still ordered, confirming what kind of work that I wanted done, etc.
A couple of Sundays ago it was warm, so I took a drive by the dealership. What I found was that my boat had sat out in the back of their facility all winter long with no cover, no wrap, nothing. It was obvious that it had snowed in it, melted, frozen, etc, etc. I almost fainted on the spot.

Every one of their boats on the lot was covered. Only mine was left out. These people walked by my boat every day with snow in it and everything else and never once thought to even mention it to me. To top it all off, the owner became very belligerent when I asked him to look at it with me to determine if any damage was done as said “if you are implying that I might have any liability for anything that happened to your boat, we can end this conversation right now.” Then he told me “I learned a long time ago that no one is going to take care of my [expletive] the way that I will, and I’m sorry to be the one to deliver that message to you.” Until that point, I had been trying really hard to be civil. I am a huge Moomba fan, and I have no desire to have a bad relationship with the only dealer that is close to me. But that was too much to take. Perhaps he mistook my courtesy for weakness. The rest of the conversation went predictably downhill from there.

The question now is how do I determine my damages from this? Obviously, the boat suffered from all the exposure, but how do I put a price to that? My seats are covered in grime, the bilge area has water standing in it, etc, etc. I still owe him my repair bill, and unfortunately, I think we are heading to court with this one. I believe that he had a duty to treat my property with reasonable care while it was in his possession, and that by allowing it to deteriorate he was negligent in his responsibility. Small Claims has a limit of $5,000 here in Cincinnati, and so I will probably file there. What figure would seem reasonable to you, if no major issues are found? How do I get an estimate that would seem credible to a judge?

Thanks for your ideas.
Sick in Cincinnati

[mustangairchair]

that is a wild store i would have ripped him a new a///// hole.go down and get the boat do not pay the bill. they can't hold your boat, if they will not blet you take it call the police and they will make them give it to you. go to a interior replacement place and see if the seats are damaged. tell the police that damages that they caused is worth a way more then the bill.

[jmvotto]

If he won't clean, fix it and make it 100% right, then the court system is your only alternative. They should have insurance on boats in service that are on the property and the neglect that has occured is just dreadful.

Might want to hire an attorney as well.

my .02

that kinda of crap give the manufacturer a bad rap.

[jroberts]

I did take the boat. It was Sunday, no one was around, and I wasn't going to let it sit out there for one more night like that. I wondered how long it would take him to call me. Answer: about ten minutes after they opened. Once it was their money at risk, they figured out how to dial the phone. It was almost funny. I answered the phone, and he said that he had "an update for me." I just let him talk about wheh the stuff would be in, etc. Finally, he just asked me "by the way, did you pick up your boat this weekend?"
This is one reason that he is so angry. He said that my contract states that I would not remove the boat without authorization, and that what I did was illegal and that he would call the sheriff on me. I told him that I would take my chances.

Frankly, I think the place is about to go under. The owner seems nice enough when he is trying to get you to buy something, but the moment there is any controversy... wow. I don't think he knows how to handle conflict without absolutely flying off the handle.

Since this is an authorized dealer, I also write to the Regional Sales Manager to ask if arbitration was available before I start filing complaints with the BBB or in small claims. I don't know if they get involved with stuff like that, but we'll find out.

To be fair, he says that I was stupid to think that they would store my boat for me, and it was my responsibility to check up on such a valuable boat. The guy that originally took the boat from me was "let go" for "failure to follow up with customers" (his words. He also said that he "would like to punch him in the face" for getting him into this situation). Nevertheless he would tell you that he doesn't think the guy ever told me any of that, and that I am "just trying to get something for free." I'm sure that's what he will say in court. My response is that regardless of what may or may not have been said, the Moomba Manual clearly describes how a boat should be stored, and that as an authorized dealer he failed to meet that standard, or to notify me that those standards were not being met on property in his care. This constitutes negligence for which he is liable. I feel good about that position, but honestly I am sorry it has come to that.

[zabooda]

Take a lot of pictures at the dealer as they are worth more than your story or the dealers. Get any pictures taken before the boat was taken in. Businesses have a responsibility to take prudent care of people's property. I take it that no cover was left with the dealer but your instructions were to not leave it outside. Was there an agreement to leave the boat there over the winter?

It may look bad now but you will be surprised after it is dried out and cleaned. I had a cover go bad one winter and leaked water into the boat and filled the bilge and it cleaned right up.

When you get your boat back be sure to put repeat listings into Craigslist with a picture trashing their place. That seems to be the best way to get the word out.

[jmvotto]

Its not your fault he hired an idiot who left the boat outside, his employee his responsibility.

good luck.

[kennedy]

I am in the retail business, but in a different field. I have seen the ball dropped at the dealership I work at and there is simply two choices that can be made.

The 1st is that you as the owner can be un-willing to work with the dealer.

2nd, the dealership should step up to the plate and simply trade you into a new boat. A new boat is the only thing that is going to make this right for everyone. Simply put, your old boat will always have flaws that will remind you of the expericance with the dealer. And the times we are in the dealerships should be glad to sale a new boat.

Selling you a boat at cost is cheap, compared to the out come of going to court.

So buckle up and go make a deal on a new boat.

I would get a new XLV!!!!

[jester]

First off i am sorry to hear about this. Just to think that someone would do this makes me mad and sick. I know when dealing with my dealer that every time i take my boat in for service that if they dont have room to store the boat inside they let me know before i even bring the boat in.

So your dealer needs to step up and make this right. They should have noticed your boat outside and atleast let you know. If they where waiting for parts they should have given you a real time line and let you pickup the boat and bring it back later. How i see it is if your boat is in their care then they need to care for it. What would they do if the roof in their service department fell in on your boat. To me this is the same thing. This is just my imput.

[jroberts]

There is no way that these folks are going to step up to anything. This is part of an email that I just received:

"As we discussed, the boat was removed from our facility without our knowledge and without paying for the services provided. Under Ohio Revised Code, that removal without payment is violation of the Garage Keeper’s Lien provision and is classified as theft. We have reported a claim with local authorities for the removal of the inventory and violation of said covenant as required, and demand payment of the attached Work Order Balance within 72 hours. Upon full payment, we will release the repaired propeller and rescind the charges filed.

You are welcome to present us with the list of damages that you purport were enabled to occur while the boat was left at our facility and pursue civil proceedings accordingly if warranted and you so desire. However, the criminal aspects related to the non-payment and unauthorized removal will prevail if that balance is not paid in full by March 30, 2008."

He is also now claiming that he told me to pick up the boat in December, and that he has the right to charge me for storage. Obviously he is either spoiling for a fight, or hopes that he can intimidate me into compliance.

[svtjones]

Sad to hear. I think this should involve Moomba Regional Sales. You trust a place that has the same name hanging up in their shop as is written across your boats transom, because you trust the brand. In other words... you don't take your Cadillac to Jiffy Lube... You take it to a Cadillac dealer because you know they value it like you do. I am sure you towed your boat past plenty of capable shops. This guy is not just trashing his shop... because he is an 'authorized dealer' he is poorly representing Moomba as well. I agree with kennedy, the boat will never be the same. He should give you full trade value of your (pre-abused) boat on cost of a new model. And if not... its 2009 and Moomba is a close-nit community... like zabooda says... we can make sure his boat sales take turn for the worst. This is a shop Moomba should get their name off immediately! Is this Lakota Watersports? Keep us updated.