Bought a boat and need legal advice

[nmytys]

I recently bought a used boat from a Marina. Directly after paying in full, I started loading the boat in the Marina parking lot, to take it out on the water for the day when I noticed the lower unit of the outdrive (that had just been replaced the week before by the marina) was leaking oil. The owner of the Marina took full responsibility for the faulty unit and sent it to another Marina for repair. The first Marina he sent it to, would not work on the unit. We never got an explanation why they wouldn't but that was what we were told. After that, they sent the unit to another Marina. Over a month later, we finally got the call that our boat was fixed and ready for pickup. The owner of the Marina assured us that everything was fixed and gave a us a verbal 60 day warranty on the unit. That weekend we used the boat. The next two weeks the river went into "No Wake" status and then was closed because of an abundant amount of rain. The boat sat for those two weeks unused and then sat for another five days after the river re-opened because we were out of town. I mention this because our boat was parked at the same Marina we bought the boat from over this period of time. Finally when we got back, we used the boat for two weekends in a row which totals 4 days of use. The third weekend, Saturday we went out for three hours. On our way towards home, we heard a tremndous banfg and the motor died. We tried starting it back up and the motor would run but it would not shift into gear. I had a friend and fellow boat owner check it out after we got towed back and sure enough it was the lower unit AGAIN! We are within the 60 verbal warranty and I brought it back to the Marina. They said they would send it out and see what happened. He called and said that what happened was in the lower unit but it muct have been something I did to cause it. Wel it wasn't. The boat was used less than ten times since we bought it. We have owned it less than three months and only had it in our posession for exacly 6 weeks of that time because the other 6 weeks it was in the shop. I want to know what my rights are. The lower unit outdrive issue was discovered before the boat even left the lot. Technically wouldn't it be their responsibility to fix the boat properly?

 

[FlaRiptide]

Unless you have something else in writing, just like buying a used car the purchase is "As Is". It is up to the buyer to verify everything is in working condition prior to making payment.

You were lucky that the Marina agreed to have the motor fixed the first time. A 60 day verbal warranty, as you have found out, is worthless.

I would expect that whoever the Marina had sent it for repairs would have given a written warranty on the repair.

I'd suggest asking the Marina if you could pursue the situation with the entity that repaired the motor. Ask them directly why they would not honor warranty for their repair. Inquire directly with them as to what makes them believe there was fault on your part.

Hopefully you will have success.