boat buying procedure/rules/sop

BTW, I've just got to know who this dealer is so I nor anyone I know ever deals with them, ever. PM if you'd prefer to instead of making it public.
 
There is not doubt that this is not common practice and that this dealer is out of line. This really smells like the dealer is having financial issues. There are a few details missing in this situation:
  1. Who has the title right now? Dealer, lender?
  2. Is the dealer the lender? ouch....
Your friend should not be having to make loan payments if the title has not been secured as the loan funding and title transfer would have to be executed. Hopefully if the lender has title (you should check) then your friend "owns" the boat and has full rights to it regardless of delivery. The boat is only in the custody of the dealer until the dealer makes good on delivery. "Delivery" is a very different event from "purchase". Additionally, if this is the case, the dealer can't undo it. Loan docs are signed and title has been transfered. If this is not the case, then he has no obligation to the loan. You have to review his loan papers and ask the lender where title is.

When I bought my current boat, I paid cash for the purchase, got title but didn't take delivery until 5 weeks later as we had to wait for the ice to thaw. However, I owned the boat immediately and was responsible for insurance, etc even though it was sitting in the dealer's lot awaiting delivery to me. The dealer wrote into the contract the exact date I wanted for delivery, with only one contingency (the ice on the water needed to melt in order to be safe for in water delivery). In exchange I witheld a smaller final payment to ensure at delivery all was as expected.

The only motivation that would seem reasonable for a dealer to not guarantee a delivery date, is that they can't guarantee they can produce title. Why can't they produce title... money trouble? Get legal on them in a hurry... or your friend might become an unwilling creditor of theirs.
 
One more thing, if it's something other than title and money issues with them (I doubt), then they are just a...holes that do not deserve to be in business anyway. I'd contact SeaRay and get them all over this either way.
 
IN some respects, buying a new boat is easier t hen buying a used one. The cost of a new one is pretty much a known value in the equation, that means it is up to the buyer to do his homework and negotiate a deal that is acceptible.

Really? I guess the *cost* is known. What I found to be an unknown was the *value*. Sure. . the MSRP was published, but given that one typically sees 20-30% or more discounts. . the actual value is a bit more nebulous. Especially when there NO competing dealers selling that boat. I felt like a cow in the slaughter house when it came to talking money.

I personally found the "value" much easier to determine buying used. Although, admittedly, by the time I was shopping used, I was a bit more knowledgable about boat values in general.

It couldn't hurt to have your friend call an attorney who is familiar in marine stuff and/or written contracts and explain his situation. Without a delivery date in the contract, it could possibly be considered invalid.

Heh. Wouldn't that be nice? One could dream about arguing that since delivery was not specified, then immediate delivery is implicit and that the dealer is now in material breach.

More likely, the contract is written such that actual delivery is at the discretion of the seller, and not required before the term of the loan expires. The seller probably will have rights to all assets of the seller (including his dog) in the meantime.

- - - - - -

Overall. . .good thing this is only a $26K deal. If this was a $150K deal, I would be really nervous.
 
One more thing, if it's something other than title and money issues with them (I doubt), then they are just a...holes that do not deserve to be in business anyway. I'd contact SeaRay and get them all over this either way.


Just to be clear. Correct me if I'm wrong, but this is not aboat a Sea Ray boat????
 
While I happen to agree that used boats are the better value, the original question was about a new boat purchase. I mentioned the contract variables in new vs. used only to highlight the fact that a new boat purchase is easier from the standpoint of negotiation. We all learn, but in this instance, on a $25K boat, the buyer didn't have a big $ purchase for leverege and the contract terms were about all he had to reach agreement on. Writing or scratching over a boat sales contract is certainly an area where you need to apply the Murphy's Law principle of agreements.......i.e. "What can go wrong with this and what are the risks I take with this agreement when they do go wrong?"

At this point, I would probably pick my time, like when the dealership sales floor is full of potential customers and loudly discuss the delivery with my salesman being sure that everyone could hear me. Don't leave the showroom when they ask you to come into an office......instead, say: "why? are you afraid for these fine potential customers to hear that you have had my money for 2 months, you have my boat on the property and refuse to deliver it or even tell me when you will deliver it?" Do you really think they will have a customer arrested for tresspassing? In fact, I'd make a project out of making the dealer realize he screwed the wrong guy........complain to the better business bureau, complain to Sea Ray, complain to Brunswick, write a letter to the editor of your local paper, file a complaint with Boat/US (call Carolyn Ajootian), etc.

And, no the delivery process this buyer is experiencing isn't standard practice in the industry. Our dealer is an independant Sea Ray/Whaler dealer and they only require the boat sale be closed when you take delivery of the new boat. They realize they must finance their inventory until it is delivered and those few days thay own it are part of their overhead. Furthermore, a sold new boat customer is a priority and they deliver a new boat in a matter of hours, not weeks after it arrives.........in fact, many times on larger boats, the buyer will go to the factory with the dealer's delivery captain and help run the boat home which gives him some real sea time and a ton of knowledge about their own boat.
 
All great post. Bottom line the contact has no delivery date and dealer says nobody doeas that in the business

While not in the sales contract itself as the dealer was just the broker in the deal, everything had a schedule backed up with paperwork-- from the sea trial to the tune up work to the delivery. And that was for a 24 year old boat only costing a couple grand, in the middle of the broker's busy time getting his marina ready for the summer...
 

Forum statistics

Threads
113,346
Messages
1,430,838
Members
61,195
Latest member
Polski
Back
Top