Lesson in Buyer Beware

Nitro Owners Forum

Help Support Nitro Owners Forum:

This site may earn a commission from merchant affiliate links, including eBay, Amazon, and others.

Teri C.

Well-Known Member
Joined
Apr 10, 2003
Messages
3,635
Reaction score
0
Well folks, the buying and selling has finally caught up with me.....



After my eneey-meeny-miny-moe game with myself over twp different Rangers, I chose to buy one from a dealer in Louisiana and paid to ship it here indtead of the one from the individual. I spoke at length with a salesman there and received several (27) pictures of the boat, compression check, video of motor running, I decided to pull the plug and by the 06 instead of the 04 and a 150 4stroke instead of a 150 2stroke, same price. I paid to have someone deliver it to me and received it on Tuesday. This "like new", "no issues, no surprises" Ranger I have dreamed of is now sitting in my driveway. My first impression....Oh did I make a big mistake. Not quite the feeling I was hoping for.



The issues....more than normal wear and tear for a used boat. Filthy, all drains clogged with mud and sand, non-divuldged scratches on the bottom of the boat, keel guard ripped off, scratches down the side of the boat, several scratches/scuffs on the trailer, trail plug wiring was inoperable on delivery with wire hanging, brake wires unconnected and hanging from trailer, both cranking battery and trolling motor battery arrived dead, will not take charge, severely stained carpet with oil and cigarette burns, trolling motor inoperable and rigged onto boat, missing seat pole, bottom posts on seats rusted and full of water, locks corroded, back light pole bent and unusable, prop has multiple dings and dents, skeg is scratched and paint off, bimini top has signs of wear, mildew and liner with snaps is torn all the way around, boat buckles rusted and non-functioning.



I was sent distant pictures and everything was conveniently hidden, carpet in front not in photos, back half of motor hidden by coke machine, no close ups. Wow, my fault totally stupid on my part. Taking people for their word.



I called the owner and discussed the misrepresentation of the boat. He called me a spoiled b!tch and said I should have bought a $30k new boat. This boat was like new and in his opinion in great shape. If I called and said the motor was spewing oil and fell off he might feel bad. He did agree to take it back for a refund and then declined the next day when I called him. After speaking with him several times, he is the most unreasonable, uneducated man I have ever dealt with regarding business.



I learned my lesson....never buy sight unseen. Just passing that on to those who are trusting like me.







 
oh GEEZ.. and I was pissed at myself for not inspecting and the seller for not divulging unmatched tires. seems pretty petty now :(





Is the guy you dealt with the top individual at the company? owner/manager? if there is a recourse to go higher up, GO HIGHER UP!



 
Teri,



Being that you purchased this boat in "reliance" upon his description, I would say that the defects are in fact "material". This seems to me like a clear case of breach of contract based on your material reliance upon the description and pictures.



What did you sign?
 
Teri, I'm with Bama Steve. I know a great lawyer in Nashville, he used to work with my wife when we lived there. I can get his name and number if you need it.



Steve
 
Tennessee Lemon Law does also apply to boats, but it may not be the best or even viable course of action since purchase was in LA. I;ve tried to find anything on "buyers remorse" laws or options, no go.
 
Other than it being unfit for sale, you've probably got a firm grip on it until you sell it yourself. If you can have a marine surveyor cite any problem(s) that will keep it from performing expected duties as advertised, you will have some legal leverage. "Like new" does not give the legal liability that a new boat has. (i.e.: lemon law) If you have an email or soundbyte of his acceptance to a refund, again there is a legal challenge possible. If there is any additional correspondance stating items included and their working ability, you have a "warrant of merchantability" with them if you take posession of the unit and said items are in fact not working. With the details given so far, that's all I am aware of available to you. Sorry you had this happen. Nothing worse than buying a "pig in a poke". :(
 
if you have records or copies of the original advertisement, perhaps there is a "thin" case for this:



A person commits theft if he obtains property of another by deception. A person deceives if he intentionally:



(1) Creates or reinforces a false impression, including false impressions as to law, value, intention, or other state of mind; but deception as to a person's intention to perform a promise shall not be inferred from the fact alone that he did not subsequently perform the promise; or

 
Geese Teri what a downer. I'd talk to a lawyer and see if you have case. You might want to post your situation on the Bass Websites and see if the genius's there have some useful thoughts. I'm sure you're not the only one that's been scalped on a deal. Good luck.

fatrap
 
Youch! Sorry to read this.



First off, start printing any correspondance. Build a file. Document everything. That includes listing and taking pictures of the defects.



Next, doing your best to take the emotion out of it, write the head honcho at the dealership a letter. Contents should be:



1) Boat was represented as follows:



(list all descriptions, both verbal and written)



2) Boat was delivered with the following material defects that were not disclosed or clearly misrepresented:



(list all noted problems, attach pictures)



3) List the remedies you would be willing to accept (return for refund, payment for repairs, cash discount paid back to you for lost value based on condition of the boat, etc...whatever you are willing to accept)



4) Tell them that non-action on their part will result in:



- Filing a complain with the Better Business Bureau

- Filing a complaint with the Louisiana Attorney General's office

- Waging of an Internet public relations campaign to warn other consumers regarding his business practices

- Commencement of legal action to seek remedy



5) Let him know you would much prefer to work through the problem to satisfactory conclusion with him, but you will not hesitate to cost him as much money as possible through any and all legal avenues available.



6) Give him 3 business days to respond.



Send it by fax. Send a copy via overnight service with delivery confirmation, or via registered mail.



Don't yell. Don't scream. Just go about methodically making it clear that he's in your crosshairs, and you won't go away until you cost him more to wrong you than to do right by you.



And, finally: Don't use the boat. Preserve it carefully until this is settled.
 
:blink:



Sorry, and amazed, to hear about this.



Rich gives you great advice, my addition would be to emphasize to remain calm when speaking to them. Don't yell or call names, but make sure they know you are dissatisfied. Someone who makes a lot of noise usually isn't going to be as real a problem as the person who keeps it together and calmly gets the problem, possible solutions, and alternative routes if mutual solutions aren't found accross to them. Losing your temper usually means losing the battle. (even after they called you a spoiled B :angry: )



Also, my opinion - not that it matters - is that items dirty/scratched will more than likely be your problem, but items not functioning/broke should be their problem.
 
do a google search for "warranty implied louisiana" does your buyers order state as is no warranty. You need to talk to a La. attorney as he will be aware of the states laws. A warranty is implied by La state law unless other wise stated on bill of sale.
 
Rich's guidance is very good. i only recommend that in your letter you state (5) before (4). lead with a sugar cube and follow up with the pistol hammer.
 
Big question, how did you pay for it? May provide you some leverage???



Sorry to hear about this type of thing. For a purchase this big, ALWAYS either see it in person, or secondarily - find someone you can trust to look at it for you (thanks again TrepMan!).



Tex
 
terrible.



maybe a visit from the mafia....



 
Teri - WOMAN this STINKS!! And I assume since you mention it was a "dealer" it was a real dealer who should know better then to mis-represent something this pricey. All good advice, and let us know how it goes.



Tex - No problem brutha, I just wish I had more seat time in that Stratos it FLEW!



Trep
 
Sorry, but not amazed or even shocked. Miss Katrina probables been sitting on the bottom of some bayou since 2005 right beside a lot of cars and trucks.

I wouldn't spend any more on the Internet than I can afford to lose, to many scammers out there and a real pain to try to rectify, if at all.

It's sad but you can't trust any body any more. (even your Banker, Priest, President)

Hope everything works out to your satisfaction.
 
Good luck in getting this resolved. I don't know what part of Louisiana this came from, but it sounds like it may have been in salt water. If the trailer is a painted trailer look hard at it for signs of rust, if you end up resolving the boat issues, the trailer could be trouble down the road. Sounds like you have received good advice on everything else.
 
Ok, so I am looking pretty dumb right now.



Katrina was 05. Boat didn't exist then.



I inquired about salt water and was assured it was in fresh water only. Again, took someone's word.



Rich, I did alot of what you said minus the yelling part. I have been dealing with the owner of the place, how I have no idea, but there is no reasoning with this man.



It's all fixable but I didn't want a fixer-upper then sell-er.



I'm a big girl, I accept my mistakes and learn from them.
 
TERI:

I looked up a case that was similar to yours. Under Tennessee law you can file an out of state suit against the seller. It comes under Tennessee law as " Unfair business practice, Misleading or deceptive conduct". If there was any mail or e-mail correspondence there could also be a suit for Mail Fraud. You could contact an attorney and file suit against the seller and only pay if you get your money back. You will have to find out how much it would cost. It may pay to spend a couple of bucks to get some satisfaction.



Bill

By the way, what was the name of the seller. I'm sure that he wouldn't want his name on the internet.
 
Teri,



One additional thought... If he is a Ranger Dealer call Ranger and ask to be put in contact with THEIR area/district Representative... Then calmy explain to that person how you were "cheated" by "the Ranger Dealer"... keep calling it "cheated and Ranger Dealer". Get the idea... Ranger does not want that kind of publicity... They just might lean on the guy... And, if he isn't a Ranger dealer go for whatever he is...
 
Nothing to add but my sympathy. If worse comes to be there is a lot of talent here that can help you get it ship shape. If the seller is a dealer you have a better chance of coming through this better. Come at him from all angles, Better Business Bureau, States AG, Ranger and finally a Lawyer. We have been known to start a media campaign ourselves:lol:



TOXIC
 
Someone correct me if I'm wrong, but ....



Since interstate commerce was involved in this transaction and some level of "fraud" is obvious, this could turn out to be much more than this dealer wants to get involved with.
 
That really stinks :angry:



I would do like everyone has mentioned and if that doesnt work then lawyer up and see what can be done legally. The threat of a lawsuit from a lawyer may get him to change his tune real quick.



If all else fails and you have to go with Mini's way count me in.
 
I can't tell you how much this kind of #$%^, pisses me off. I am sorry and I

also hope that you fry this guy. This is partly why this Country is in the shape

that it is. Greedy, F....in people, with no regard for other people. BTW... I am not

trying to change the subject to the economy, so please do not start commenting about

politics. To quote another angler, Mike Iconelli, "NEVER GIVE UP!!!"



Teri, If I could, I'd help you put this guy where he belongs, help you fix the boat,

whatever it takes. But, since I live in the frigid cold part of the Country, all I

can do is help pump you up. Do not let this poor excuse of a human being get away

with this!



Good Luck



KW
 
Man, I'm sorry about the problem.. Can you give us the name of the boat dealer here in Louisiana. Maybe I can look up some stuff on him that may help you.

Barry from Lousisana :(
 
methinks this individual in Louisiana has already got more mad polecats in a gunny sack than he will be able to deal with. what a great level of support for one of our "own".
 
Sure does, but in the end, Teri will need to woman up and deal with this guy ...



Very few "interested party" camapaigns solve a problem like this.
 
no doubt marty. but like the Verizon commercials, its comforting to have a big group, even if its "behind" you.
 
The place is called The Boat Yard Inc (www.theboatyardinc.com). The owner's name is Lawrence (Tracy) Palmisano. It's in Marrero, LA. You should call and talk to him just for fun. He is something else. Cell phone is 504-606-2312.
 
Please forward the pictures to me.



I think I am gonna call this guy this weekend.
 
Teri, I got some connections with a Police Department. I'll have someone do a background check on this dude and his company. I'll get back with you if I find out some info that my help you. Not all people in Louisiana are like this.

Barry from La. :(
 
Teri, I did a quick BBB check and The Boat YArd has a "F' rating. Go to the New Orleans BBB web site and see the info on that company.

Barry from La.:(
 
Teri, my heart sank to my feet when I read your post. I am so sorry, he is a loser. I live about 3 miles from the place. It should be called the junk yard. It is NOT a boat dealer, they only get what someone couldn't sell. It really is a junk yard. His own Father doesn't speak to him. As far as the salt water thing, it is all brakish down here, no true fresh water. Noone around here deals with them. Most of the boats he sells are on consignment. ( Don't know how to spell). They are mostly parts boats. He will not make it right. He is pure garbage. True low life. I only wish I had known, sorry to say never saw this boat, but you been had. People bring their boats there, because they are scared to sell them outright. Oh man, I am sick.



Bubby:(
 
Mini/Mafia,



I sent you their pics and some of mine. Enjoy my stupidity!:p
 
Carlos, Mini, Barry, et al...



He just might warrant a "visit"... But let's keep anything furthjer quiet and among friends...



I am sure that the level of unemployed in "Narlins" would make finding a collection specialist much easier and cheaper...

 
This is one time where a trip to the BBB might have helped. His company gets an F rating, for not resolving problems.



Teri - you should probably file a complaint with the New Orleans BBB, regardless (that's where the report came from).



Tex
 
Darn I'm sorry Teri.... But darn it girl, with the people we know here from Louisiana someone would have been more than pleased to have gone and looked at it for you.:eek: And had you even mentioned the place you were thinking of dealing with, Bubby could have warned you off right away! I would certainly expose this jerk over the fishing sites on the Internet. It's always nice people who get screwed and you didn't deserve it!



Uncle Billy



Ps: A visit to this jerk should be kept quiet. And, one of our friends who has posted here doesn't even have to get close to teach him a lesson..:p
 
I sure would have let Teri know about this place, Uncle Billy. He is a thief, knows how to use the law in his favor. The sad part about the whole deal is the only thing he had invested was for internet fees and storing it in his yard. Teri one thing you might try. If someone has connections to Wildlife and fisheries or a police dept. is run the serial #, find the owner and speak to him. My bet is he will probally be pissed at him too. He makes these folks sign contracts for 30 days, tells them what they should sell it for which is low, then ads $$$$$$ to it and makes big profit from it. If it doesn't sell he loses very little. Every law enforcement agent in the state has been after him. He is a crook, knows it, and don't care. IF I could help in any way let me know.



Bubby
 
Teri - sorry to be late to post. Very sorry to hear what happened. Can't help you much in the way of advice as this seems to be a Louisiana state issue, but if you end up needing a referral for an attorney, ping me off line and I'll see if I can help.
 

Latest posts

Back
Top