nuttyprofessor
New Member
My jurisdiction is: Ky
My jurisdiction is: Kentucky / USA
We have recently purchased our first boat going on 3 months ago and has been a night mare. It is to the dealer for the same issue, 3 times now. The
1st time he claimed "operator error" and did nothing (we didn't exactly agree but as mentioned were new to this), the 2nd time (10 days later & only the second time taken out since brought to him the first time) he claimed to have replaced the "EMM" or "brain of engine", the 3rd time was on the "same" day we had just picked it up from our dealer and only 30 minutes on the lake. We called him from the lake when we first were stranded because we feel our dealer doesn't believe us that something is wrong. He was unable to assist and so we called for a tow. In the short time (10 min) we had to wait for the tow boat to rescue us, we found the anchors that our dealer sold us did not hold our boat in place at all. It didn't help that we were in the channel area and fellow boaters (none of which stopped to see if we needed help after trying to wave some down) were racing by, forcing our boat (pontoon) up to the channel rock bank. We struggled to keep our boat from being destroyed by using a pole we had on board to keep us off the rocks. The tow captain said we were in a very dangerious situation ..... not to mention he also said a bardge was coming into the channel. The tow captain himself was a bit nervous he may end up in the rock that is how close we were. Another 5 minutes or so we believe we would have had to try and jump out onto the steep rock bank which I am not sure we even could have done without majorly hurting ourselves or killing ourselves. Our other choice would have been to stay on board and I don't know ...go down with ship? They say you can't sink a pontoon ... I say talk to the survivors of the titanic. We dropped off the boat to the dealer (about 2 hours after we called him from lake & yes after hours - they live on premises & never seem to care if you can't make it before they close, they just come down and help) they (husband & wife team) were convienently gone ..... went grocery shopping, we'll ya gotta eat - but couldn't he wait for us because he knew we were a bit disturbed and we found that odd .... he just never did that before. This rose my suspecion and the next day we started asking questions to the manufacture of the engine. We found our dealer lied to us .... he never changed out the part he said he did or any for that matter. The manufacturer sent our dealer a "test" EMM whatever that is, but assured us that it was a test part only and that no part was replaced. and spoke to the dealer about getting work orders from the previous 2 times the boat was in for service .... and the dealer told him "no, I am not giving you any work orders from those times, because the 1st time there wasn't anything wrong and the last time neither because it wasn't the EMM so I took it back off because the manufacture will want it back (????) But, 'll give you one for this time, by the way the problem is the fuel pump and it's on it's way". We are working on getting some proof of work order elsewhere, hopefully we can. I know right now it is here say.
Our problem: We don't trust our dealer, he knowingly put us at risk; we don't feel safe on the boat; we have the "fear" factor playing with our minds; we don't want the boat back from him, would the "Lemon Law" apply here? If not, at what point would it? Our boat is still at the dealer, he called this am and left a message saying it was ready for us to pick up, what should we do.
Question: Is this grounds for a law suit ..... negligence? I would think so, but we weren't killed or seriously injuried, just some bruises. I'm not looking for money ..... I'd rather see this company loose their license to operate ..... that should be fair. I am sure there are others whom this type of thing has happened to.
I have a call into an attorney but been waiting a few days for a reply. Any Advice? I just can't seem to sleep in the past 6 days now since all this has happened. Is anyone attorneys that read these? I've never been to this site before, new to this too
Thanks So Much
Sorry I babbled ... but alot to explain.
My jurisdiction is: Kentucky / USA
We have recently purchased our first boat going on 3 months ago and has been a night mare. It is to the dealer for the same issue, 3 times now. The
1st time he claimed "operator error" and did nothing (we didn't exactly agree but as mentioned were new to this), the 2nd time (10 days later & only the second time taken out since brought to him the first time) he claimed to have replaced the "EMM" or "brain of engine", the 3rd time was on the "same" day we had just picked it up from our dealer and only 30 minutes on the lake. We called him from the lake when we first were stranded because we feel our dealer doesn't believe us that something is wrong. He was unable to assist and so we called for a tow. In the short time (10 min) we had to wait for the tow boat to rescue us, we found the anchors that our dealer sold us did not hold our boat in place at all. It didn't help that we were in the channel area and fellow boaters (none of which stopped to see if we needed help after trying to wave some down) were racing by, forcing our boat (pontoon) up to the channel rock bank. We struggled to keep our boat from being destroyed by using a pole we had on board to keep us off the rocks. The tow captain said we were in a very dangerious situation ..... not to mention he also said a bardge was coming into the channel. The tow captain himself was a bit nervous he may end up in the rock that is how close we were. Another 5 minutes or so we believe we would have had to try and jump out onto the steep rock bank which I am not sure we even could have done without majorly hurting ourselves or killing ourselves. Our other choice would have been to stay on board and I don't know ...go down with ship? They say you can't sink a pontoon ... I say talk to the survivors of the titanic. We dropped off the boat to the dealer (about 2 hours after we called him from lake & yes after hours - they live on premises & never seem to care if you can't make it before they close, they just come down and help) they (husband & wife team) were convienently gone ..... went grocery shopping, we'll ya gotta eat - but couldn't he wait for us because he knew we were a bit disturbed and we found that odd .... he just never did that before. This rose my suspecion and the next day we started asking questions to the manufacture of the engine. We found our dealer lied to us .... he never changed out the part he said he did or any for that matter. The manufacturer sent our dealer a "test" EMM whatever that is, but assured us that it was a test part only and that no part was replaced. and spoke to the dealer about getting work orders from the previous 2 times the boat was in for service .... and the dealer told him "no, I am not giving you any work orders from those times, because the 1st time there wasn't anything wrong and the last time neither because it wasn't the EMM so I took it back off because the manufacture will want it back (????) But, 'll give you one for this time, by the way the problem is the fuel pump and it's on it's way". We are working on getting some proof of work order elsewhere, hopefully we can. I know right now it is here say.
Our problem: We don't trust our dealer, he knowingly put us at risk; we don't feel safe on the boat; we have the "fear" factor playing with our minds; we don't want the boat back from him, would the "Lemon Law" apply here? If not, at what point would it? Our boat is still at the dealer, he called this am and left a message saying it was ready for us to pick up, what should we do.
Question: Is this grounds for a law suit ..... negligence? I would think so, but we weren't killed or seriously injuried, just some bruises. I'm not looking for money ..... I'd rather see this company loose their license to operate ..... that should be fair. I am sure there are others whom this type of thing has happened to.
I have a call into an attorney but been waiting a few days for a reply. Any Advice? I just can't seem to sleep in the past 6 days now since all this has happened. Is anyone attorneys that read these? I've never been to this site before, new to this too
Thanks So MuchSorry I babbled ... but alot to explain.
