Legal Advise on used MC..- Long rant!

[SammamishMC]

O.K. so here's the deal - I've been reading TT for about a month now ever since I bought a used 1997 MC Maristar 200VRS. I need a little help and hopefully you'll be able to give me a little insight.

When I bought the boat the dealer sold it to me for the price I told him I would give him for it "out the door" including sales tax and registration. I have the bill of sale which breaks down the price of the boat, sales tax, registration, etc. from the dealer. The day after I brought the boat home, the dealer called and said, "oops we screwed up" but we didn't mean to sell it to you "out the door" and need more money from you. At this point I told them the deal is done and I'm not sending anymore money. I have a bill of sale from your company that states exactly what I paid for the boat.

I bought the boat around a month ago and I'm still being called by the owner of the shop asking for the money. He threatened legal action today, "he said I commited fraud" but I don't see where I did anything wrong. At this point they have deposited my check I gave them for the boat but I still haven't received the title and registration.

What recourse do I have so I can get the title and reg? Is there a time frame in which they have to send it by? Do you think if this ends up in court that they have any kind of case? I don't think so but please let me know. Thanks

[SDmc205]

Seems to me that you have a valid executed contract. They provided you with a detailed bill of sale, delivered the boat and have failed in their contractual duty to provide title.

Now I do not know all the facts, but if the situation is how you spell it out. I recommend that you file your own small claims action for specific performance and demand that they provide you with title. His accusations of fraud hold little weight, mainly unless you did something really strange, he has the business background and will be held to a higher standard. Further, he prepared the bill of sale and cannot easily claim that you somehow misled him.

I do not know where you are located but stand up for yourself. Small claims is usually cheap. The main thing to remember is to have as much documentation as possible, be concise and direct in your reasoning to the court, do not get caught up or angry over the lies the other guy is saying (think of the lunatics you see on the people's court, that is what you do not want to do.)

Good luck

[BriEOD]

I'm not a lawyer but I would assume since you have a bill of sale that is a contractual agreement between two parties and they have to honor their end. They agreed, and if their wasn't any undue pressure or extenuating circumstances I don't see how they can get out. Call the news desk and the better buisness bureau on their @ss.

[BriEOD]

Small claims is usually cheap.

Good luck

It's like $250 to file a case. This might be what you have to do.

[SammamishMC]

Thanks for your reply - I did exactly what I said. I went in - bought the boat - signed the check and towed the boat back to my house. Now they are coming back and saying that I owe them more money because they weren't suppose to sell it out the door (That's not my problem!) I'm in Washington State by the way and I bought the boat out of town so it's not like I'll have any kind of relationship with the dealer. How long do they have to legally send the title? Anyone know?

[stevo137]

If everything that you have stated is correct, the deal is "done".
If they don't produce the title, you are the one that has recourse.
It's too bad that things started out this way with your dealer.
It's important to maintain a good relationship with them and they are being short sighted if they don't honor the deal.

[X2M]

At this point they have deposited my check I gave them for the boat but I still haven't received the title and registration.


Your title and registration could be at your DMV. I know that with the State of CA. DMV processing take 4-6 weeks.

Doesn't sound like you are in the wrong here. Contact a lawyer for some advice. Good luck! :)

[SammamishMC]

I'm not a lawyer but I would assume since you have a bill of sale that is a contractual agreement between two parties and they have to honor their end. They agreed, and if their wasn't any undue pressure or extenuating circumstances I don't see how they can get out. Call the news desk and the better buisness bureau on their @ss.

What's the news desk? I thought of calling the BBB but haven't done it yet. I looked them up on the BBB website and they have 2 other complaints in the past 3 years.

[BriEOD]

The news desk as in the local news channels. Make that owner a movie star. I'm sure that would do wonders for his buisness.

A friend of mine did it while I was stationed in Hawaii. He bought a truck and had some big issues with the dealer and was getting jacked around. He called the news and all the Public Affaris at the various bases in Hawaii (Hickam, Pearl Harbor, etc) and bascially got a story going that this dealer was ripping him off because he was military and not a local. He got his car fixed, especially after he sent a letter stating he was going to ask the base commander to place his dealership on the off limits list for base populace. Oahu has like 1.25M people and about 500K are military or military dependents.

[ski_king]

I am guessing by the book value of your boat and 7% tax you are talkig somewhere between $1000 and $1500.
My guess right now, he is bluffing with the legal action. Might be time to threaten him with legal action if he dosn't get the title processed soon.
Sounds like you have a ligit bill of sale.
Did anybody from the dealer sign the bill of sale or temp registration papers?


Now that I said all that, I know somebody here in PA who had a simular transaction, and he got stuck paying the difference. Except the dealer screwed up and he knew it and didnt say anything. The dealer had a copy of the quote at a higher price.

[SammamishMC]

yep, they signed both. Any dealers out there know how long this usually takes or know of the legal ramifications of not sending the title in a timely manner?

[krra1]

Did the dealer say why you owe more money?

Each state should have a consumer protection agency. They hold more weight then the BBB and can pull a business licience if the retailer is very bad. I would file a complaint with them so it is on the record. Also, find out what the other complaints the BBB have on record, it could help in a court case.

[jrbrown]

Find an attorney that is licensed in your state and in his. Buy 1 hour of the attorney's time (about $200 I'd guess) for his advice and the worlds shortest letter that he will mail to the very boneheaded dealer. Based on my experiences with attorneys and contracts, the attorney that can write the shortest letter usually wins. I suspect it will be very short...see the copy of the bill of sale, mail my client the title for the trailer and boat....end of story.

Small claims court etc is okay, but that takes time and I'd guess that you would have to go to his county to file. I like the consumer news stuff, but some knuckleheads like that stuff so you might not win that one. Some attorneys do the first 15 minutes free but be very specific with the time limit.

I had a bad good experience with a dealer a year ago. Agreement on price of used boat, deposit left etc. 6 hours later, phone call that the owner of the boat was so upside down that he couldn't afford to sell it. Almost got an attorney but would have lost several months skiing over nothing. Got my deposit back. Lots of good used boats out there. The good part was I took my money and business to a much more reputable dealer and ended up buying a new boat and have loved it ever since.

Hope you don't need it, but Good Luck anyway!!!

[SammamishMC]

This should explain a lot...the dealer is a Malibu dealer, not MC. The boat was a trade-in on a new boat. I'm going to call the DMV tomorrow and get them involved. If I don't get any answers I'm heading for the BBB and then to an attorneys

[bigmac]

It varies from state to state, but in this state buying from a dealer of any kind requires that they execute a purchase agreement, and that instrument is most definitely a binding contract. In this state, the exact terms of the contract relative to state statutes are spelled out on the back of the form.

Even so, if you have a bill of sale in your possession, that's an executed contract and they have to give you the title. Small claims court for sure...

[6ballsisall]

Based on the info you wrote, they don't have a leg to stand on. If there was a signed contractual agreement clearly showing prices and no "IOU's" were signed and documented by all parties you are a free man. I wouldn't waste my time, if they want to press it, let them rack up hours with their attorneys at their expense. As for the title I am not certain in Washington, your best bet is to call the local registration office and ask, there will be a legal timeframe in which they have to complete the transactional paper work (title release) If they dont have it done, file a complaint and make some noise with whatever state entity in the state you purchased the boat from. Enough noise could cause them to loose their dealers license, they won't want to jeapordize that.

[Kell]

For Washington State, and provided the transaction took place in Washington State, you may want to take a look at RCW 88.02.070 (5) or http://www.leg.wa.gov/RCW/index.cfm?section=88.02.070&fuseaction=section, as well as Title 46.12 et seq. or http://www.leg.wa.gov/RCW/index.cfm?fuseaction=chapterdigest&chapter=46.12, for some general information of vessel certificate of title and registration, and time frames for submission of transfer of the same. Best of luck.