legal advice - contract question (nf)

[nel]

I bought a boat. A 2008 lund 1625 rebel sport.

I negotiated for $16000 with a 75hp optimax and complete top. And then I added a $300 onboard charger.

 

So the contract looks a bit like this:

boat+motor+trailer: $16000

 

Optional equipment:

complete top: $1000

charger: $300

Total optional equipement price: $300

 

Now the marina is billing me $1000 for the complete top, because the $1000 wasn't listed in the price of the total optional equipement. Basically they're double billing me.

 

Any advice? Since the complete top is on the contract, do you people think the courts would side in my favour? Or would it side on the favour of the marina, because the total optional equipment price only says $300 for the charger?

[charlesn]

I'd tell them to keep their boat and take your money and run. If they are going to do this to you while you're still in the process of buying a boat, what are they going to do when you need service/upgrades or whatever? Also, the rec boat industry is in trouble, might be a bit harsh, but let these dealers that wanna treat their customers like that feel the pinch or even go under. Plenty of really great used values out there for that kinda money. In this economy, that is a LOT of disposable income.

[hirk]

Have you taken possession?There is a law dictating a grace period were by the contract can be broken and goods returned/refunded if you have,I believe it's 8 days but not sure.If not taken yet tell them to correct the problem or you won't be completing the contract and your lawyer will deal with them,that will do it period!!!As Charles said,these guys may not be the type of dealer you want to have to deal with for warranty etc..If you have paid for and can't break the contract,simply file a claim in small claims court for the $1,000 you have documentation they will be judged against if the don't show and an order issued against them and if they show you should win judgement hands down for the $1,000 + your court costs.

[Reelpro]

I had a similar issue, but when I found the Marinas Price page, they had taped to the boat. It listed Boat, motor, trailor, and full top.

 

They ponied up and actually had to order one special, as it was missing from the boat.

 

If you could find anything written by the marina, for the boat,motor, top I think they would have to include it N/C.

 

If not, and you have'nt paid yet, try on another dealer, see if they will offer it for your price.

[Grimace]

They are probably paying lund for a floor plan right now on 2008's they want rid of that boat bad. you have leverage

[misfish]

Contact Lund . Send them a fax of the bill. My pop did this with a disagrement and got results.

 

I have to go with Charles here though. Lots of good buys out there for that kind a cash.

 

If Im not mistaken,my bro and pop payed much less, for thier new ones.

[JohnF]

Were you led to believe at the time you purchased the boat that the top was included in the package price, or did you realize they had made a mistake on the math?

 

JF

[forrest]

It is always good to have outs.

 

I do not know how bad you want the boat. You may want not to back out of buying the boat and they might use that to squeeze you for more money, Give yourself an out by going to another dealer and asking them to give you the deal you want if the other deal does not go through.

 

The Ontario government has a consumer line to call. Ask them about the validity of the bill, it does not sound right that they can hold you to a total that is higher than their calculated amount, its a bill not an estimate.

 

If you financed it contact the financing company and tell them what has happened (who wants legal hassles?) and that you would like to go through a different dealer.

 

forrest

[danc]

This is simply a lesson learned. Bottom line here is get it in writing.

[lew]

My brother had a similar problem with Boatland Canada a few years back.

 

He ordered a boat/motor/trailer package and agreed on a price, providing they included a spare tire & wheel for the trailer and had it written into the contract and gave them the deposit, but when he went to pick the rig up a couple weeks later and pay off the balance owing, they tried to renege on the deal saying the spare would cut into their profit too much and they couldn't give it to him and offered him a used, dirty spare instead.

 

It was only a couple days before the pickeral opener and he didn't have time to re-order a boat from another dealer. It took alot of arguing on his part and the threat of calling in his lawyer, but eventually Boatland decided to honor their part of the agreement and gave him what he payed for.

 

Just shows how some dealers will try to weasle out of a deal after they get your down stroke.

[Handlebarz]

Optional equipment:

complete top: $1000

charger: $300

Total optional equipment price: $300

 

I might be reading this wrong but it looks to me that they have the top listed in the optional equipment area of teh bill but the total you give for it is only $300 not $1300 that it would be if they were to charge you again maybe they just list it in that section so that you know what options you got with the boat.

[nel]

The boat's already been picked up and paid for.

I got the bill for $1000 3 months later.

When I negotiated for the boat, the top was included in the price, that's why the cost of the top wasn't in the total optional equipment price.

 

I'll contact lund and see what they suggest.

I'll also try to find that consumer support line.

 

Thanks for all the suggestions.

Edited December 12, 2008 by nel

[JohnF]

The boat's already been picked up and paid for.

I got the bill for $1000 3 months later.

When I negotiated for the boat, the top was included in the price, that's why the cost of the top wasn't in the total optional equipment price.

 

I'll contact lund and see what they suggest.

I'll also try to find that consumer support line.

 

Thanks for all the suggestions.

 

Why not just reply to their invoice explaining your understanding of the facts. This may well just be some clerk being hyper-efficient, thinking the top was missed in the final tally. May be a tempest in a teapot. If they pursue it then tell them to get ready for a battle. Tell 'em their next communication will be with your lawyer and negotiations will be in front of small claims court. Keep a paper trail and notes.

 

JF

[BillM]

If you have the boat, paid the $$$ and got another bill for $1000, I wouldn't be worried to much..

[nel]

I aready got the boat, paid the money, and then got another bill for $1000...

I put a complaint to the bbb, but they closed the case as "disputed" after the marina ignored replying to them.

I was planning to ignore the invoice, but then they sent me another bill this month, with 2% interest (an extra $200) and they said they'll keep charging 2% every month.

 

I spoke to the manager of the marina, this whole billing me and charging me interest is his idea, and he says he plans to take me to small claims court to get the money.

 

I'm thinking I need to take him to small claims first, before this whole interest thing blows up...

[LeXXington]

I aready got the boat, paid the money, and then got another bill for $1000...

I was planning to ignore the invoice, but then they sent me another bill this month, with 2% interest (an extra $200) and they said they'll keep charging 2% every month.

 

I spoke to the manager of the marina, this whole billing me and charging me interest is his idea, and he says he plans to take me to small claims court to get the money.

 

LOL, I would send him a bill back for 1200 for harrasment.. or every bill the send too you put return too sender on it.

 

If your paper work does not include the 1000. his loss.

 

wait till you see the court papers form the marina if they lose it cost you nothing.

[bullybass]

This whole thing sucks.... especially cause $200 is 20%/month.... ouch... I say talk to a lawyer and see what they say... probably worth the couple hundred to talk to them.

Good Luck with the whole thing!! Have you talked to your salesman about the extra charges??

[EVINRUDE-DUDE]

THE WAY I LOOK AT IT YOU ARE THE ONE TAKING ADVANTAGE OF THE SITUATION.IS HE SUPPOSED TO GIVE YOU THE TOP FOR FREE WHEN IT SAYS ON YOUR CONTRACT $1000 BUT HE FORGOT TO WRITE IT IN THE OPTIONAL EQUIPMENT ??? NEVER MADE AN HONEST MISTAKE LOL.ALWAYS SOMEBODY TRYING TO GET SOMETHING FOR FREE

[Fisherman]

And which Marina would this be so the rest of us can avoid this place like plague.

[Big Cliff]

First of all, send him a letter telling him you are disputing his claim and that he is not to contact you further unless it is to advise you of a court date. He will not be allowed to harass you any more with bills or phone calls! If he does, let me know! It is against the law!

 

If he wants to take you to court, let him but when he files a claim, you get to file a defence (and a counter claim if you wish and I would do it claiming lost wages to appear in court and any costs incured ie. filing etc.). It will cost him money to file the claim, he (and you will have to attend a settlement conference) at which time a judge will advise: him to drop the claim, you to pay him, or the two of you to try to work out a settlement. (You don't have to do any of the above).

 

Then it if goes to court, that will cost him more money and time, and then the court will set a date and you will both have to attend. You can ask for delays if you want (I'll fill you in if necessary) Now, what I would do is wait until he files the original claim with the court, then I would talk to a paralegal (less expensive than a lawyer) and file the defense and counter claim. Worst case senario the case goes to court, a judge agrees with his claim, you have to pay the claim, pre trial intrest, and some costs (typically small claim court is capped at $300.00 but it could be more, it's up to the judge).

 

What is likely to happen: He drops the claim. ( It was supposed to be a simple remedy but it has turned into a nightmare) If he doesn't, you end up in court, Small Claims Court is supposed to be all about fairness and fair in this case would seem to me to be "were you promissed something for free and then later billed for it"? That would be my impression BUT would a judge see it the same way? Only the judge can answer that question and it is a crap shoot. I have seen lots of cases that should have been a slam dunk go the opposite way just because the judge didn't understand what was going on.

 

Short case advice: Fight it! Talk to me if you need help! Oh ya, I'm not a lawyer, or a paralegal, I don't charge anything, I've just been through the system a few times trying to collect money and to be honest, I wouldn't bother doing it again. It is a farce!

[BillM]

THE WAY I LOOK AT IT YOU ARE THE ONE TAKING ADVANTAGE OF THE SITUATION.IS HE SUPPOSED TO GIVE YOU THE TOP FOR FREE WHEN IT SAYS ON YOUR CONTRACT $1000 BUT HE FORGOT TO WRITE IT IN THE OPTIONAL EQUIPMENT ??? NEVER MADE AN HONEST MISTAKE LOL.ALWAYS SOMEBODY TRYING TO GET SOMETHING FOR FREE

 

Um, don't you think the dealer checked the paper work over when he paid in full? I am sure he also has a receipt that states the balance has been paid in full...

 

Because they made a mathematical mistake, he should pay for it?

 

Learn how to add properly and this wouldn't have happened.

 

I'd tell the dealer to go pound sand.

Edited December 12, 2008 by BillM

[Fisherman]

Um, don't you think the dealer checked the paper work over when he paid in full? I am sure he also has a receipt that states the balance has been paid in full...

 

Because they made a mathematical mistake, he should pay for it?

 

Learn how to add properly and this wouldn't have happened.

 

I'd tell the dealer to go pound sand.

How about pound snow, we've got lots to spare up here.

[BillM]

Snow works We don't have much in Barrie, lol.

[nel]

Thanks for all the advice.

I'll fight it, as Big Cliff suggests.

 

Sorry, but I'm not going to mention the marina's name. I'm not out to screw them (even though they're doing that to me...). I just want to fish.

[walleyemen]

Nel was the cover with the boat when you picked it up or did you receive it afterwards, if you got it with the boat then in my unexpert opinion is it's payed in full, and even if it was picked up afterwards why wasn't payment asked for then, fight it!