help with difficult dealer

[The_Hellbilly]

here's the other part of the problem, i was sold this boat as a 22ft boat not a 20ft. the reasons i paid 6k more for this boat(2075gl) vs the 20sl was it was 2ft longer and it had a tandem trailer with brakes. the sales guys sold me an upgrade that i'm not getting.
the dealer is point breeze marine in saratoga ny. i dealt w/Rich Oniel and the owner is tom ?...as they love to tell me, they are the largest bennington dealer around so i thought they would be on the up and up. guess not.

Did you finance the purchase? If so, I may consider contacting the lender and getting them involved. If they made a loan with the collateral based on the 22', and now their collateral is worth 6k less, they've got a pretty significant dog in the fight.

[ronb]

here's the other part of the problem, i was sold this boat as a 22ft boat not a 20ft. the reasons i paid 6k more for this boat(2075gl) vs the 20sl was it was 2ft longer and it had a tandem trailer with brakes. the sales guys sold me an upgrade that i'm not getting.
the dealer is point breeze marine in saratoga ny. i dealt w/Rich Oniel and the owner is tom ?...as they love to tell me, they are the largest bennington dealer around so i thought they would be on the up and up. guess not.

Did you finance the purchase? If so, I may consider contacting the lender and getting them involved. If they made a loan with the collateral based on the 22', and now their collateral is worth 6k less, they've got a pretty significant dog in the fight.

My bank was worthless in this aspect, and here is what they told me..

The credit application was filled out at the dealership, they looked at my credit score and decided it was a good person to loan money too. They did not appraise the value of the purchased item, nor do they care if the item I bought was worth what I borrowed. They do have the boat, motor, and trailer listed as collatoral. However their policy is that if there is a reposession the physical items will be sold and any remainder of the original loan value that was not recuperated through the sale will be billed back to me, to either pay off directly, or to be restructured into a smaller loan through them. They would not intervene on my behalf as they 'have no dog in that fight'.

Your state's Consumer Protection Agency and legal action are your only real recourse. You are in a much better situation than I was because you have it in writing (contract) as to what you were expected to receive, my problem was a 'defect' after purchase of a used vehicle/boat that was bought 'as is'.

good luck.
-ron

[BobG]

Your dealer sounds like a real scumbag to me!! Selling you an underrated trailer is dangerous and very unethical.

Wow, that sounds EXACTLY like my dealer!

[The_Hellbilly]

Back to the bank issue... If the boat, motor, & trailer don't match on the security agreement of the loan docs as the pledged collateral that you signed, the bank may not have a claim to the property in the event of a repo. Yes, you borrowed the money and you still owe it, but for them not to care that they may very well have an uncollateralized loan should get their attention.

FWIW: I am not a lawyer, but I used to be in banking and did a lot of repos & legal action. I've seen people fired over security agreement errors.

[GregF]

The bank loaned money on the HIN, they don't care what the boat looks like.
There is always a lot of conjecture about how long a boat is.