What to do next.

Hello all. i am in need of some help.

I bought a 7m boat at the beginning of september from a dealer in Mandurah. The boat has a 150 hp Mercury 2 stroke on the back that i was told was stripped down and re built in 2010. The engine was sold to me with 48 hours on the clock since the rebuild. I was told by the dealer that the engine was mechanically A1 and would serve me well for the next 5-10 years if looked after.

Last sunday we broke down and i have been told that the cylinder block is cracked and i am looking at a $5000 + repair bill. I have put no more that 6 hours on the boat since i have had it and to be honest i am gutted. After buying the boat i did every thing properly, bought an epirb, flares, life jackets etc etc. I joined fremantle sea rescue and insured it with club marine so i have no spare money to repair my boat that is now usless.

I have spoken to a guy called James from Collings marine who says that he has a second hand cylinder block but has quoted about $5000 to do the job. I was wondering if anyone on here has used Collings marine in the past and do i have any comebacks on the boat dealer. I just thought i would ask as i am all out of ideas.

Leighton


Sammy the Salmon's picture

Posts: 229

Date Joined: 24/12/11

Receipts? Do you have them

Thu, 2013-01-03 15:38

Receipts? Do you have them for the work previously done, or do you know/did you ask and confirm with a phone call who did the work on the motor in 2010?

Or was it all based on the dealers word?

Posts: 5981

Date Joined: 17/06/10

talk to consumer affairs ASAP

Thu, 2013-01-03 15:58

talk to the people at consumer affairs and have all the paper work on hand no matter how sparce it is it all helps

Posts: 5

Date Joined: 26/08/12

Stupidly i took his word. But

Thu, 2013-01-03 16:03

Stupidly i took his word. But he gave me the number of the people who did the work.

 

carnarvonite's picture

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Date Joined: 24/07/07

Consumer affairs

Thu, 2013-01-03 16:07

Get on to Consumer Affairs and get back to the dealer and demand something be done about it , if he doesn't want to know then ring up one of the TV stations and give them your story, they are always after one like yours.  That way the dealer will be more or less forced in to recognising that he should provide some sort of warranty

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Date Joined: 17/06/10

word on word is ok

Thu, 2013-01-03 16:10

when a person makes a verbal discription of an item that person can some times be held to the accuracy of their discription unfortunatly "buyer beware" also comes in a bit but you have nothing to loose by talking to consumer affairs and naming the dealer so that all readers of this forum can be aware of who not to deal with. but wait untill after you have exhuasted all avenues of redress

chris raff's picture

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Date Joined: 09/02/10

Sorry to hear

Thu, 2013-01-03 16:12

that really sucks big time ...did you do a compression test prior to purchase ...so it was running ok prior, just on your last outing I presume it overheated and thus the block cracked ...I know my insurer SGIO stated that my motor would be covered if .. eg a plastic bag was accidently sucked on to my water inlet therefore causing my motor to overheat and become damaged , maybe that was what happened to yours

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Fish guts's picture

Posts: 318

Date Joined: 20/07/12

yeah that sucks mate

Thu, 2013-01-03 16:26

perhaps some "good will" should come into place from the dealer. even a 50/50 split or something. no harm in asking.... especially if he wants your repeat business. dont take it lying down cozzycozzy....

 

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Posts: 5

Date Joined: 26/08/12

I have documentaion that the

Thu, 2013-01-03 16:30

I have documentaion that the engine was sold as Rebuilt 48 hours ago. I have spoke to the dealer and he just said it was down to bad luck. I have just got off the phone to consumer affairs and they have said that if i can get a report from an outboard engineer to say that the engine should have lasted longer than it has, with the written documents i have i should have a case for them to take on.

I am absolutely gutted this was supposed to be a great family purchase that we saved about 6 years to buy and i am left with nothing.

Posts: 5981

Date Joined: 17/06/10

go the mile

Thu, 2013-01-03 17:54

go the mile and get the report tell the person who is going to examine the engine the whole story hope to hear you have had a good outcome. most of the dealers out there are good honest people wait for the report and then take it to consumer affairs.

sea-kem's picture

Posts: 14992

Date Joined: 30/11/09

 You have definately got a

Thu, 2013-01-03 17:07

 You have definately got a case mate. I know the law states that even without warranty an item such as a car etc should give you a reasonable amount of use. Call a lawer i have heard similar cases before. They won't charge you anything unless you proceed and they think you have a chance of winning.

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Fish guts's picture

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Date Joined: 20/07/12

 Keep us informed. It would

Thu, 2013-01-03 17:58

 Keep us informed. It would be good to hear the outcome on this one. Hopefully a win for you mate. 

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All men are equal before fish.... 

Posts: 5

Date Joined: 26/08/12

I will keep you informed.

Thu, 2013-01-03 23:27

I will keep you informed. I have a guy coming on saturday morning to look at the engine and the paperwork sold with the boat. He is going to let me have a full report on the engine and i will then start proceedings with consumer affairs. Would like to thank all you guys who have given advice, good on you fellas. hopefully see you out there soon.

soupster51's picture

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Date Joined: 29/11/06

Good Luck

Fri, 2013-01-04 05:41

It'll be a bit of a journey but I'm hoping it all works out well for you.

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Ric's picture

Posts: 83

Date Joined: 21/11/10

 Sorry to hear about your bad

Fri, 2013-01-04 11:42

 Sorry to hear about your bad luck mate, I hope it works out for ya 

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Date Joined: 18/01/12

I'll just be the devils

Fri, 2013-01-04 11:53

I'll just be the devils advocate and say that its pretty unlikely that the block was cracked before as it wouldnt have run 6 hrs like that.

Maybe more likely its overheated for some reason and the alarm didnt go off?

Wheres Strike Zone when you need him? Change the thread heading to "Mercs are rubbish" and he will pop up, he has a wealth of knowledge and confidence in these engines

 

Seems a little odd that they sold it to you with any safety gear-was it a consignment sale or something?

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The older you get the more you realize that no one has a f++king clue what they're doing.

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Lastchance's picture

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Rob H, I was thinking the

Sat, 2013-01-05 16:43

Rob H, I was thinking the same thing - poor old Strike Zone. Whats the old saying - If it looks like shit, smells like shit.....it must be shit.

 

Unfortunately mate, it may seem that you have been taken for a bit of a ride.

 

However, the advice already given is the best way to go - generally, laziness is the way these people get away with dodgy work.

 

Keep onto them.

 

 

Sammy the Salmon's picture

Posts: 229

Date Joined: 24/12/11

You say he gave you the

Fri, 2013-01-04 13:09

You say he gave you the number of the people that did the work.

Have you contacted them to see if in way the work was carried out and get some paperwork off them?

If the dealer is lying about that part, and you can catch them out. Then you will have more of a chance of getting some cash from them than just a "he told me it had only 48hours since a overhaul"

Justo82's picture

Posts: 482

Date Joined: 17/10/11

 I've worked as a car dealer

Sat, 2013-01-05 16:27

 I've worked as a car dealer for 10 years, its the same with boats. If a dealer sells you a product it must be fit for its purpose.  By telling you it's good to go he's entered into a legal contract with you, and from there you purchased the boat. I would draft up a letter to the dealer principal stating who you are, what you have purchased, what clubs you are apart of (ie sporting clubs, fishing websites, boating groups etc). You also need to request that the engine be fixed or you will contact the ACCC. You need to follow through on this, and possibly get a letter drafted up by a solicitor.  

 

The dealership will generally not allow it to go to court, and will try and make a compromise agreement with you.  

sea-kem's picture

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Date Joined: 30/11/09

 Nice and clear Justo. Good

Sat, 2013-01-05 16:40

 Nice and clear Justo. Good to see a car dealer on the other side ;)

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Justo82's picture

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Date Joined: 17/10/11

 I hate seeing people get

Sat, 2013-01-05 18:29

 I hate seeing people get screwed over because they trusted someone that is a professional and should know better.  Problems happen, and are unavoidable, but the dealer should do the right thing.  

sea-kem's picture

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Date Joined: 30/11/09

 

Sun, 2013-01-06 16:48

 If I tried to do it in my industry it would probably kill a lot of people. As you say the same should count for any proffesional business person.

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Date Joined: 26/08/12

I must say you are the most

Sat, 2013-01-05 19:38

I must say you are the most helpfull bunch of guys i have ever met. Once again i thankyou for all of your advice. I will not let this go. I realise that i should have asked for more paper work to prove what the dealer had told me but i was very nieve and took him at his word. I have spoken to several outboard engine guys and they have all said that this guy is well know for ripping people off. I am having a report carried out by a well know outboard engineer tomorow and will then supply consumer affairs with all the paper work that i have. I will also go to the media if i need to. I will not let this lie, i paid good money for the boat and engine under the pretence that the engine was in "near new " condition. I have used the boat 4 times since i bought it and allways flushed the engine with fresh water after each use. Once againe thanks people and lets hope the little man wins. CHEERS