What can I do about the purchase of a bad boat engine and the lack of a replacement?
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What can I do about the purchase of a bad boat engine and the lack of a replacement?
About 1 1/2 years ago, I ordered a motor for my boat online for $2600. When I received it, it was the wrong year, did not come with everything it was suppose to, and the compression in the motor was too high. I sent them a email explaining the compression issue and that it can only have this problem if built incorrectly and they agreed. I was told that they would send me a new motor. I sent the first motor back but now can’t get them to send me a new one. When I can get them to answer, they just tell me it’s been shipped or that they have it right in front of them and it’s about to get shipped. It’s been 1 1/2 years that my boat is sitting at a marina where I’m being charged fees. I reported them to BBB and nothing what’s next?
Asked on June 3, 2015 under Business Law, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
What's next is that you sue them--that is the only way to recover money (and/or finally get an engine shipped) when someone will not honor their contractual obigations. You can sue them for the $2,600 you sent them plus the additional costs (e.g. marina fees for an unusable boat) you have incurred due to their failure to send you an engine. You would sue for breach of contract (violating the agreement to send you a working motor in exchange for your money), fraud (lying about what they could or would do), and unjust enrichment (taking your money without giving you anything in return). You could act as your own attorney and get instructions and forms from your court, or hire a lawyer to represent you. With some luck, once you file a suit and they are served with the court papers, they will then agree to settle with you.
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