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Ok guys, I need your opinion. I will be as truthful and complete as I possibly can so that you can give me solid advice to act on.
I recently sold my old boat (19ft Hewescraft) because I found a heck of a deal on a 20' Pacific Skiff. I am a youth worker in Alaska and I wanted the safest on the market to take kids out fishing in.
The boat was factory blemished, with a chine imperfection. The selling price was 9k. The same day I found the boat my bank pre-approved me for a loan that would cover the puchase price and the purchase price of a motor and trailer.
The first thing I had to do was to get the boat registered in my name, so that my bank in florida could give a loan on it. Then the process started to slow down drastically as my loan officer kept needing more signatures and other things to complete the loan. It takes time to mail things from Alaska to Florida. The reason why I went with my credit union in Florida was that I had had a good experience getting a loan from them before, and they had a good interest rate and terms.
I kept in good communication with the dealerships as I completed the loan process. Over a week ago we finished the loan and the loan officer assured me that the checks were mailed overnite delivery. I called the dealerships (1 for the boat, the other for the motor) and told them to expect a check in a few days. I checked back in a few days and it had not arrived. I called the bank and my loan officer said that he had mailed them regular mail because he couldn't overnite to a PO box. I was a little upset he didn't tell me, but I told the dealerships to expect the checks in a few more days. A few more days rolled around and I called the dealerships again. The checks still hadn't arrived and I was getting mad. I called the bank back and my loan officer did some digging. He found out the bank hadn't mailed the checks at all because they hadn't recieved a lien recept, which Alaska doesn't issue. He promised me he would overnite them. He also promised me that he called both dealerships and explained what was going on. He claims that the bank never called, but I think from the conversation I had with my loan officer that he did call, but might not have spoken to the salesperson.
So, today I get a call from the Pacific Skiff dealer and he says that someone came in and paid cash for the boat, and it was gone. I have all my electronics, the boat registered in my name, and insurance on the boat I needed to get the loan. The checks should be arriving at the dealerships today or monday.
I realize that this is a crappy situation for all and I'm not one to get enraged or get dramatic. The dealerships were patient with the extremely slow bank and their mistakes. But to sell a boat that has been spoken for without a 5 minute phone call? What do I do now that the checks are arriving at the dealerships? The insurance? Electronics? I'm currently paying interest on the 18k loan for the package.
I very nicely explained to the dealership that I had all this stuff in place to get the boat. The salesperson told me he would call pacific skiff and see if they had another factory blem. I think the odds of them having another one is slim, and I certainly can't afford a 19k price tag on a new, unblemished hull. I'm a youthworker and I could barely afford a blemished one. I also am paying on this loan, it it would take time to get a boat from washington to Alaska.
Guys, I ain't crying, but I'm a little bit at a loss of what to do. Any advice?
Did you ever sign a contract with the dealer? It would seem that you would have to to get the boat registered in your name. If you did, then the dealership is in a world of trouble, if you didn't you then I don't understand how you got a loan and a registration...
An official contract was never signed, as the dealership is on another island from me. I told them I needed to register the boat for the loan, so they faxed me some sort of document/invoice to act as a bill of sale to get the registration. The document was kept by the DMV.
I would go to the DMV and get that invoice pronto. If there was an agreement then the dealership has no right to sell the boat out from underneath you. If you look under the Vendor forums here on THT you will see Perry's Pro Bono. He is a maritime lawyer and you might post there and explain the content of the invoice and ask him if it will stand up as a bill of sale in court. If it will, you defintely have a case.
Thanks for the advice. I'm not looking to make a huge case about this, I just would like to keep a cool head and make educated decisions on how I deal with this. I just want what is right to happen, whether I or the other guy who bought the boat with cash gets the boat.
I will get a copy of the document pronto. Thanks for the advice.
No problem, I'm not one for advocating law suits, but the dealership has no right to sell the boat out from underneath you if you have a binding contract. They should reimburse you for your time and efforts if nothing else. In truth, they owe you a hull. If your contract was no binding then you may be out of luck. If so, I would suggest that you keep the electronics and the motor and try and find a lightly used or leftover hull to put them on. Good luck!
Bonzai - 5/7/2005 2:05 PM they faxed me some sort of document/invoice to act as a bill of sale to get the registration. The document was kept by the DMV.
Bonzai, 10 to 1 that the dealer is in a world of trouble because they did send over a fax (a legally binding document) on their letterhead with your name to act as a bill of sale. This was done and accepted by the seller and you in good faith. And it was accepted by the DMV. I would seek legal advice.
If no cash has changed hands, and the checks did not arrive when promised, then this is going to be a tough one.
I would expect that when you show everything to the dealer and Pacific, they will do their best for you, as I have heard nothing but good about their people and products. The least you can expect is first chance at the next blemished hull.
And I would think that the bank cannot charge you anything if their uncashed checks are returned. The insurance may be a problem though, but it will be prorated at the very worse.
The Salesperson assured me that he was holding the boat for me, and gave me no indication that he was getting ready to sell it. He didn't ask for a deposit.
He could have called me and demanded a deposit if he had another prospective buyer.
why did you not insist on putting a deposit on the boat?
as you know a used or otherwise discounted pacific is a very, very rare occurance...you knew the boat would be in high demand, didn't you?
$500 would have held it if the dealer is to be trusted
i bet if we got the other side of the story, the dealer would say he did what he had to do...unless he's just a an a-hole he shouldn't have sold a boat that in his mind was truly spoken for
bullshipper used the phrase "cash talks, bullship walks"...maybe that seemed cold or flippant to you, but put yourself in the dealer's shoes. he's got a boat that he can sell to the next guy on the lot, with cash in hand, or he can continue waiting with no deposit, for "the check's in the mail"...
sorry you lost the boat...i have one and i would be heartbroken if that happened to me
Checks in the mail don't put no beans on the table.
Sounds like the credit union down in Fl. ain't done such a good job either.
Just how long did you expect the dealer to wait. Myself, the first time you would have told me "checks in the mail" and it didn't show up. I would have disregarded any "deal" we made.
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I don't understand how you can register a boat prior to buying it? ?
me either...
for a new boat in louisiana a manufacturer's statement of origin and an official bill of sale, proving the taxes have been paid, is required to register a boat
maybe it's different in AK...they don't have a sales tax do they?
bonzia, get ready for some fun phone calls ,if you really want to have fun report it stolen if its reg. in your name .just keep a cool head and it will work out , maybe call p.s. direct. and tell them your story maybe they can help. ya'know taking the kids fishing
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AK does not have sales tax if you are shipping a boat to a rural area, which I qualify for. The bill of sale was needed to register the boat. The bank needed the registration to cut the checks. One of the hang-ups of the bank was that it was trying to figure out the differences between Fl and Ak in boat purchasing.
I emailed a copy of my post to Jay, at Black Lab Marine, to get his opinion on the situation. He gave me his word via email that he would do everything in his power to make this "right". I trust he will honor his word, and that he will give it his best effort, even if I don't end up with the boat.
Pacific Skiff boat puchasing problem 
