hours

[kls]

We had our boat at a consignment shop to sell, and dropped it off with 245 hours. We removed boat 4 months later to find 210 hours on boat. Consignment shops insists hours cannot be "rolled" back. Any truth to that??

[selle92]

I'd say good deal for you. less Hours!! just kidding.

I think you can disconnect and roll them back-tricky-yeah? unethical-YES! probable-??. See if the numbers align without one higher/lower than the others.. Usually a good way to tell if it's been tampered with if nothing else. If you know for a fact it was 245.. well then, no need to look further I guess.

Don't think you probably have a leg to stand on, unless you have pics documented proof to go back on...

bum deal if that's the case. Who knows how many hours got added.

[kls]

Thanks. The crazy part is they wrote the hours in their own paperwork when we dropped the boat off. They tell me Supra says there's no way to roll the hours back. Thankfully I work for a lawfirm.

[selle92]

WOW. if they have it in writing...well. take mouth, insert foot.

so, they say it can't be rolled back... but did they mention it can't be changed out with another hr meter?

Good luck with that. That just really sucks.

let us know the outcome.

[Diggs]

There is a post on another board that a guy bought an SSV from a consignment or non supra dealer and the boat showed 21 hrs and then when plugged into a machine it said 200+.....

[selle92]

Can they do that or tell on an older boat?

[msutoad]

I think they can only tell the hours on the computer controlled motors which would mean on the newer boats only. That is what I was told anyway. So the hour meter is only a mere visible item. It is not the end all be all, since the newer boats have it hidden away in the computer .

[kls]

we have a 2001 Supra SSV Launch. there was other damage by the consignment shop we are having fixed now. the repair shop plugged their computer to the engine and it showed 330 hours. shady.

[msutoad]

I would be going after that consignment shop. That is horrible that they were using hours on your boat like that!!!!

[Diggs]

I agree. Drag them through the mud and also drag their name through the mud on the internet......

[msutoad]

I just can not believe that they would be nieve enough to run yoru boat, turn the dial backwards, and then lie to your face.

I smell a decent lawsuit coming here. One that might not cost you any out of pocket to get started. And I hate lawsuits, but this one is decent given that the shop basically "stole from you".

Just my opinion.

[kls]

The only thing that worries me is that we bought the boat used, so who's knows if they messed with the hours too. From what I'm hearing, it's a common practice. Looking for an "expert" to prove it can be done since the consignment shop is saying it can't. We've already filed a demand and don't want to give too much more away. I can see the consignment shop getting on this website and using what I say against me. I'll keep you updated.

[DKJBama92Mariah]

kls,

I would suggest contacting your local better business bureau and letting them know. Also, i would contact the district attorney for your local jurisdiction and see if he can prosecute this joker for theft and throw his butt in jail. If you have retained an attorney for this, ask him about that first and have him check out the possible effects of criminal charges on your pending civil suit. I'm not an attorney (yet, just one more year)), but i would think that a guilty verdict or plea in a criminal theft action would be pretty good evidence for your civil suit.

Cheers,
DKJ

[kls]

Looks like we are not alone! Our boat was also trashed not just including the hours. Cracked speaker cover, etc.

Article from Fox 7 News - 7 on your side. Austin, Texas

Responsibility for Consignment Items


When you place something of yours with a consignment business... do you have the right to expect they'll take reasonable care of your things?
Vicki Flinchum thought so.
She took her Jet Ski to BryStar Marine Group.
Because she wanted to sell and they said they could help her.
Vicki says the ski was in pristine condition.
But it never sold.
So Vicki went to get her jet ski back.
Vicki says when she picked it up... the Jet Ski was in horrible condition... cracked , chipped, and filthy.
She approached Bryan Ferguson, the owner of BryStar, about the bad condition of her ski... but says he was abusive and rude and said he would pay for nothing.
According to the contract between them, he may be right.
It says "not responsible for damages, theft, fire, or acts of nature."
It also says "seller must maintain insurance or bear loss of risk".
Bryan says he offered to work with Vicki but she refused.
He says he does the best he can to keep all of the boats and skis covered.
Bryan says he even provides tarps himself... which he pays for with money out of his own pocket.
But when you take items to a consignment shop... should you expect them to be reasonably cared for?
Bryan says it's the boat and ski owners responsibility to periodically stop by and check on their merchandise... because they store it here for free.
Bryan says it's in his best interest to sell all of the merchandise so he can make his commission.
But the contract's very clear about his responsibilities.
And because Vicki signed it... it appears she and her damaged jet ski are sunk.

[DKJBama92Mariah]

Originally posted by kls
According to the contract between them, he may be right.
It says "not responsible for damages, theft, fire, or acts of nature."
It also says "seller must maintain insurance or bear loss of risk".


In every contract there is an implied duty of good faith and fair dealing. I would say that the dealer probably breached this, thus giving the consignor the option to rescind the contract. This clause is intended to protect the dealer from loss due to no fault of his own or simple negligence on his part. i.e., the shop burning down or someone stealing the boat. It is NOT intended to allow the dealer ot beat the piss out of someone else's property. That might give you a avenue for recovering for damages to the boat.

The hours present a totally separate issue. If you can prove that the dealer put the hours on the boat (remember, a jury can infer this from the circumstantial evidence that you have), you could probably have a case in tort for conversion to chattel. Even though you wilfully gave custody of the boat to the dealer, that custody was limited. If he used the boat (beyond allowing potential buyers to test drive it) he breached his authority and could probably be held liable. Im not completely sure about this, but you might be able to get punitive damages on top of the compensatory damages for the dimmunition in value of the boat if you can prove that the act was willful.

This remedy is completely separate from a claim for breach of contract and thus, the provisions of the contract would probably have little bearing on a suit in tort. One CANNOT, in any way shape or form in any jurisdiction, contract to disclaim liability for an intentional tort, and conversion is an intentional tort. You can only contract to disclaim liability for negligence. For example, if go skydiving, you will usually have to sign a release of liability for the skydiving company. This means that if you are hurt b/c of the company's negligence (e.g., the company breached the duty of care that should be exercised by a reasonable person under the circumstances) you cannot recover. However, the waiver DOES NOT release the company for liability for intentional acts of itself or its employees. i.e., if the instructor gets pissed off on the plane and punches you, breaking your nose, you can still recover from the instructor AND the company for the intentional tort of battery (not to be confused with assault/battery in criminal law).

DISCLAIMER: I am not a licensed attorney and this post should not be construed as legal advice. It would be advisable for you to consult a licensed attorney in your jurisdiction regarding your legal options.

Sorry bout that, i gotta say that or i could be prosecuted by the bar association for the unauthorized practice of law.

And to everyone, please dont bash me for discussing litigation. Even as a law student, i am not a fan of litigation (tax is my forte), and I only advocate litigation as a last resort. Unfortunately, kls may end up having to either litigate or just take it from behind judging from the way the dealer treated that woman in the news article. I'm about as anti-litigation as a law student can be, but if this guy did this to my boat and acted the way he has, you can bet that i'd have a complaint filed before the end of the week.

Also, I beleive the above posters are correct in that the federal law governing odometer fraud/discrepancy only applies to automobiles and not boats.

Sorry bout the long post. I guess its just an excuse to put off studying a little longer. Wills & Trusts is about as boring as it gets.

Cheers,
DKJ

[kls]

Thanks. I work for two litigation attorneys, so they are working on an arbitration for us since it was in the contract.

[DKJBama92Mariah]

Very cool,
Sounds like you got it got it under control. Arbitration gets a bad rap, but in many cases, the parties involved end up getting treated fairly, and without the huge cost of litigation.

Good luck,
Cheers,
DKJ