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Bad Repair of boat at service

Discussion in 'Consumer Law, Contracts, Warranties' started by Yana K, Jan 4, 2019.

  1. Yana K

    Yana K Law Topic Starter New Member

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    Hello.
    In summer 2017 my boat engine got stuck and I found service for repair. They asked $5000 for engine replacement to brand new. We agreed that I pay them $2500 and give them my bike as a half of the repair cost. I brought them my boat and then it took them 5 months to finish the repair. In first he promised 5-6 weeks, then more 2, then more 3 and provided different reasons why it takes so long. Finally, 5 months later they said it had been done and I was able to get it back. In spite of we agreed only for the engine replacement they also replaced other details and accessories besides the engine and they were not new. They persuaded me it was necessary. I took the boat to water to check it and it was working but I never could get more than 3K RMP which isn't right for that type of the engine. So after I got back to that service with the complaint. He (the owner) tried to persuade me it was normal or I did something wrong or didn't know how to rule the boat. Finally I made him to take the boat back for 2nd check and repair because he gave 1 year warranty. Again it took him so looong to do smth with it (nearly 2 months). He said the reason it wasn't working properly was in dirty tank and filter so he suggested to replace it and we agreed for $200. When it was done I picked up the boat (it was late night so I couldn't check it there). Next time I had a chance to check it was at home but the boat didn't even start! I called him and he said may be you need to change filter (again? were not you supposed to do that?), do this, do that but the boat didn't start. I replaced the filter which appear to be old and dirty. That means they didn't do anything they got money for. And the boat doesn't want to start because the pump is dying. That one he replaced within the engine replacement. Put it instead of mine working. So it's been a year and a half since I brought him the boat for the first time. And there was no a day it was working properly or working at all since then. All he can offer me now - bring me the boat again and I'll take a look. But I don't want it. It will take another 2-3-4 months for him and I'm not sure if he'll fix it or break it even more. I'm not even sure he placed a brand new engine in it as he promised. I can't check it. He didn't provide me with any docs for the engine that it was new or smth.
    I have text conversation with him (we were almost all the time texting), I have my not working boat. That's actually all proofs I own. He also says my bike was bad and it got broken soon that's why I can't complain now but he saw what he took, it wasn't a new bike and could get broken.
    I don't like the service and refuse it.
    Do I have chances to get back at least $5200 I spent for both repairs?
     
  2. KatDini

    KatDini Well-Known Member

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    You're only out $2700 and a motorbike that was on its last legs seemingly. o_O
     
  3. Yana K

    Yana K Law Topic Starter New Member

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    I never saw the bike broken. Everything according to his words. When I gave it to them it was in good working condition. I could sell it for $2000 easily.
     
  4. army judge

    army judge Super Moderator

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    No one is smart enough to answer that question.

    You can sue the business in small claims court.

    That is all you can do in a legal attempt to recoup any monies expended.
     
  5. mightymoose

    mightymoose Well-Known Member

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    It sounds like you choose a shady business and you did not see io did not heed the warning signs. This is the result.
    Do you have any of the agreements in writing? If so, that is what you will use to make your argument in court.
    If you don't have any documentation then your argument will be harder.
    Any reputable company would have provided you a detailed cost estimate with contact terms.
    These days you can't even get your tires changed at Walmart without producing 10 pages of documents.
     
  6. Yana K

    Yana K Law Topic Starter New Member

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    Yes, we have an agreement signed, stating he would have replaced determined parts and gives 2 years warranty for the engine.
     
  7. mightymoose

    mightymoose Well-Known Member

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    Hopefully the documents you have are detailed enough and sufficient to support your claim. If you can't work it out with the business then try your luck with the court.
     

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