Pontoon Boat & Deck Boat Forum

anyone who has advice for me, chime in. we just bought a bennington boat in saratoga ny. we have it docked at the marina too. well, we were told our 2075 came with a tandem trailer and i have that in writing both on the quote and on our receipt for deposit. well, low and behold when we picked our boat up on mem day weekend, they launched it w/a single axle trailer that they had registered to us. well, i arugued w/them then and there but i'm still fighting it with no results. they just don't call us back at all. I contacted the ny state attorney general's office and i can file a complaint but i'd want that to be the last resort.
any thought?

I would in person tell the manager that you belong to a few boat forums which you will post how you were treated...

ardcp wrote:any thought?

Yeah. Nothing short of legal action is going to get their attantion.

You were DEFRAUDED.

Sick the AG on 'em.
Or, you could drive the trailer through their front window, and take a tandem.
Make sure it has brakes too!

Work your way up the managment chain, salesman to owner, go there in person, make sure you have lots of time to wait, it is much easier to ignore somebody via phone or email (however email is very nice for documentation purposes should the need arise). They also should be informed that you have talked to your Consumer Protection Agency, sometimes the idea of legal action can motivate resolution. If no satisfaction, it is time to get legal, they are currently in breech of contract.

-ron

It is time to get your state consumer protection agency involved. Send them copies of your contract and a picture of the trailer. This is a simple breach of contract and depending on how aggressive your consumer agency is, it should get fixed with one letter. They have the ability to lift the dealer's license and that is a big hammer.

Do you have any lawyer friends who can send them an official looking letter on company letterhead? My in-laws did this to their pool contractors when the ground started to settle. The percieved threat of the letter was enough to get them to react.

Ron Burgundy wrote:Do you have any lawyer friends who can send them an official looking letter on company letterhead? My in-laws did this to their pool contractors when the ground started to settle. The percieved threat of the letter was enough to get them to react.

I had problems with my pontoon after buying it (used), I should have employed this technique.. I have a neighbor and one of my wife's in laws that are lawyers..dang.. I will keep this in mind if I have any future issues.
-ron

If it were me, I'd go to the dealer and hang out all day until I got my trailer. Order pizza, eat lunch there..pull up a chair, etc. I guarantee I'd leave with what my contract stated.

badmoonrising wrote:If it were me, I'd go to the dealer and hang out all day until I got my trailer. Order pizza, eat lunch there..pull up a chair, etc. I guarantee I'd leave with what my contract stated.

I'd be doing that AND talking to ALL the prospective customers...if the dealer wasn't 1,100 miles away!

If I'm not mistaken, the State of New York has some of the most consumer friendly and strictest such laws in the country.
I'd write the dealership a letter, send it registered, return receipt, with a copy to the relevant state agency and tell them if you don't have the trailer you paid for within some time period you (say 14 business days) will be filing a claim of fraud.
If you have a local TV station, you might contact them as well. Nothing a business hates more than to have their name on TV with a negative connotation.
Good luck.

First of all NEVER take delivery of any vehicle, car or boat, until you are satisfied that every thing that was promised or written is ready.
That said.....you have a pretty good case of consumer fraud........wanna own a boat dealer? Get after them now and find a good ny lawyer that will bite them hard!

In Texas we have small claims court-a few bucks to file with a Justice of the Peace. If they dont show-you win-a judgement will be filed against them-which they may have to satisfy to conduct biz-get loans, etc.

If they show-you will still win---not sure what NY has but is prob a lot more consumer friendly than Tx. Good luck.

I would start talking by to the owner in person. Don't go threatening legal action--yet--as it won't get you anywhere. And, don't talk about fraud, as it's a criminal action--not civil law. You just want a new trailer--not put anyone in jail.

If you're not satisfied, send a certified letter demanding replacement of the trailer within 7 working days.

Then, get a lawyer to write a demand letter--threatening legal action. Might cost you $100.

If it's gone this many steps, it's time to file a civil suit. This can usually be done in small claims court, which doesn't require any attorneys. It's pretty informal and inexpensive for the filing fee.

I would not let them get you to upset, that's what Lawyers are for. They obviously don't care about your feelings or pocket book, so why should you care about them.

I would also call Bennington and let them know what kind of dealer is selling their products. Then call the BBB and let them know also.
See a Lawyer and see what they have to say, if they have to sue them they will lose and they will also have to pay your legal expenses.

ronb wrote:Work your way up the managment chain, salesman to owner, go there in person, make sure you have lots of time to wait, it is much easier to ignore somebody via phone or email (however email is very nice for documentation purposes should the need arise). They also should be informed that you have talked to your Consumer Protection Agency, sometimes the idea of legal action can motivate resolution. If no satisfaction, it is time to get legal, they are currently in breech of contract.

-ron

the sad fact is that it's the owner that originally said to my face when we picked the boat up, "that's a 20 ft boat. you don't get a tandem trailer with a 20ft boat" when i pointed out that we were promised a tandem not single. my sales guy insisted the 2075 was a 22ft boat and we were charged dock fees for a 22ft boat not a 20 so one of them is lying.