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Service advice


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Ok crew I need some serious advice.

This winter I gutted the Skier and took it to a local (nautique) dealership to have them complete the stringer repair. They did a great job and I am really happy with it. It was mid-January and being winter they had extra room to store it and work on it as needed to cut some costs. When they finished they told me to bring it back in March so they can double check a few things, since I will be putting everything else back in. One thing I noticed right away is one of their modifications moved the exhaust pipe over about 2 inches in the bilge, which rubs the rubber exhaust tubing going out the transom to the point where you can't turn the rudder. I called them right when I got home and we agreed to wait for the March follow up to finish.

March comes, I call the service department and find out the service manager that told me all of these things was let go. Luckily the new service manager was in house and helped on the boat and knew what needed to be done. He had me bring it Wednesday evening. We got it inside and its all ready to go.

I call Friday to check on progress and the service manager said he would call back within 2 hours to discuss the boat. When he called back he said that something happened with the owner of the company and the city is coming in and starting to shut the company down (we were guessing taxes or other ordinances) The service manager was noticeable shocked and upset but called to suggest I come and get the boat in case they have to lock out the service shop and I did. Luckily they didn't get that involved with it....

Ok so what should I do? The services are already paid ( something I wont do again) but not complete. After walking through the shop there are some other guys way worse off than me. The service manager has been up front and gave me his personal cell phone number to call him later this week to see what is going on. He said he would be willing to fix the issue at no cost if the company closed, but that really depends on if he can go back and work for his friend that was formerly a tige dealer which allows him to work at the shop after hours.

I can certainly fix the issue myself, but its the point and money. I'm open to suggestions...... I know legally I should be able to do something, but affording a lawyer and the amount that would be disputed is not efficient, the lawyer would cost way more....

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It sounds like you are in line with a bunch of other creditors, and you will be behind the city and any other taxing authority in that regard. I don't have any helpful suggestions, other than to be thankful that the work is mostly done and that the service manager is willing to help if he can. Good luck, I hope someone has better advice.

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If that whole story is legit and it all plays out that they get shut down, then that sucks for you but it sounds like the new service manager is a stand up guy with some compassion. I would certainly take him up on his offer if it comes to that but keep in mind he's doing you a favor. I would let it play out and see what happens, I'm from Ohio, I know you don't need that boat for a while still :Tease3:

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Very true, no boating in Ohio for a while. I'm also having rotator cuff and bicep surgery at the end of the month. The new service guy seems to be great so far and just as angry as I am, he wasn't given any notice except for the county sheriff telling him no parts or property of the dealership is to leave the premises. I can certainly fix the issues myself, its just the point that I didn't pay myself to do it. Like was mentioned, my problems are nothing compared to the creditors and city's if they had to go to these measures.

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martinarcher

Dang man. What a bummer. That really sucks. Cry.gif I think it is awesome that the new service manager is standing behind the businesses promise under the circumstances. I hope he takes care of you. Good luck! Looking forward to hearing about your first trip back out on the water. How long will you be down after surgery? Hope you have a speedy, quick recovery!

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I had a similar experience about 3 years ago. Not a dealer though. A guy who had worked on my previous boats was going to help me with restoring my Malibu. Lots of hull blisters to deal with. Anyway, he has me bring it in and starts work. He gets sick and find out it's brain cancer. Very sad. He still was working on it up until the time he died. I had paid him up front and had talked to his wife about getting my boat out before they came and cleared out the business. I ended up losing 1/2 my money as the guy was a great craftsman but not a good businessman and left her in the hole bad.

If your situation is taken to court you may get back some of your money. Hard things in bankruptcy is they will take the biggest creditors first and they get pennies on the dollar. Put your name in but don't expect much.

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The home run is that you got your boat back. Very easily, your boat could have been rounded up by the dealer's secured creditors and you would be talking to a Bankruptcy Lawyer about how to get your boat back. I have seen this happen with car dealerships that go under. If the dealer went out of business for money reasons, you are an unsecured creditor with an unliquidated claim, chances of getting any money out of this would be slim to none.

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The home run is that you got your boat back. Very easily, your boat could have been rounded up by the dealer's secured creditors and you would be talking to a Bankruptcy Lawyer about how to get your boat back. I have seen this happen with car dealerships that go under. If the dealer went out of business for money reasons, you are an unsecured creditor with an unliquidated claim, chances of getting any money out of this would be slim to none.

+1 on that. That service manager could have gotten in big trouble for making that call to you. Take him up on his offer, but you owe him a serious thank you, handshake, beer, etc. I'm guessing your boat wasn't in the "work pending" file, since it was already done and paid for, otherwise it would be history. That file was probably yanked to match the VIN's of what was in the shop/yard and a parts inventory was taken. Close one!

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If a going concern business BKs, the first thing the BK trustee is going to do is figure out which boats belong to which customers and then to call those people to pick up their stuff. There isn't a realistic chance that someone's boat is going to get sold as an asset of the business or that an owner will be deprived of his boat.

That said, the chances of getting anything from the defunct business are slim to none. As an unsecured creditor you've got virtually no chance of recovering anything in BK -- the secured creditors (those with liens on the assets of the business) will likely eat everything up and leave nothing for the unsecureds.

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If your boat got swept up by creditors or a bankruptcy trustee you probably would eventually get it back, you would likely have to pay a lawyer to get it released, it might take a phone call or a short court hearing, but it would cost you that expense, your time, and you wouldn't sleep until your boat was home

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+1 on that. That service manager could have gotten in big trouble for making that call to you. Take him up on his offer, but you owe him a serious thank you, handshake, beer, etc. I'm guessing your boat wasn't in the "work pending" file, since it was already done and paid for, otherwise it would be history. That file was probably yanked to match the VIN's of what was in the shop/yard and a parts inventory was taken. Close one!

Exactly, he was acting top notch and knew that it could be a while before I could get the boat back. I'm hoping he gets somewhere and can help out. I'm guessing a couple cases of beer will help.

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The home run is that you got your boat back. Very easily, your boat could have been rounded up by the dealer's secured creditors and you would be talking to a Bankruptcy Lawyer about how to get your boat back. I have seen this happen with car dealerships that go under. If the dealer went out of business for money reasons, you are an unsecured creditor with an unliquidated claim, chances of getting any money out of this would be slim to none.

HE OWNS THE BOAT...an asset owned by someone else is not "rounded up".

As for a solution, what was original price of work, was there a contract, was anything put in writing following your discovery of new work to be done?

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If your boat got swept up by creditors or a bankruptcy trustee you probably would eventually get it back, you would likely have to pay a lawyer to get it released, it might take a phone call or a short court hearing, but it would cost you that expense, your time, and you wouldn't sleep until your boat was home

:Doh:

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I need to clarify my post. Not that you wouldn't get your boat back, my point was I've seen places go under and everything is locked down tight, and a 24/7 security guard is there. That is, all inventory was locked down while banks and lawyers sorted thru what was owned and what wasn't, so that they didn't let an asset walk out the door mistakenly. Different industry than boating, though. Again, not that you wouldn't have gotten it back, it just could have been tied up for weeks or months. Point is the guy probably made very few calls, and you were one of them, and were able to avoid unnecessary BS.

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It was written up that I had to bring it back in the "spring" and follow up work should be conducted!

Well then depending on your state, there could be potential that you could have a "claim" for specific performance. If the value of the work is substantial to you then call a lawyer, you may be entitled to fees if things don't resolve, you don't know without asking.

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I would say follow that service manager wherever he goes and let him get work done on your boat. He doesn't owe you anything. Even though you paid for service, you did not pay HIM for service, unless he gets commission, then he may have gotten a small amount. Sounds like a stand up guy and someone you could trust for future work.

I would certainly not expect him to finish this for free, and the fact that he offered is pretty amazing. If it were me, I would definitely have some cash in my hand for him if he comes through.

Unfortunate situation, good luck.

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I would say follow that service manager wherever he goes and let him get work done on your boat. He doesn't owe you anything. Even though you paid for service, you did not pay HIM for service, unless he gets commission, then he may have gotten a small amount. Sounds like a stand up guy and someone you could trust for future work.

I would certainly not expect him to finish this for free, and the fact that he offered is pretty amazing. If it were me, I would definitely have some cash in my hand for him if he comes through.

Unfortunate situation, good luck.

I definitely agree. I plan on giving a generous tip. He has been great through this. He called to remove my boat because he figured it things get harry it may be awhile before I can get to it. Until then, it gets to stay outside in the elements. I am grateful he called. I highly doubt that I would never get it back, but it could be delayed.

To fight it with the written contract still would not be financially good. The cost that I would probably fight for the service would be nothing compared to the legal costs. Regardless, I plan to follow the service

manager and let him help as much as he can. He is really a stand up guy for even offering that up.

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I definitely agree. I plan on giving a generous tip. He has been great through this. He called to remove my boat because he figured it things get harry it may be awhile before I can get to it. Until then, it gets to stay outside in the elements. I am grateful he called. I highly doubt that I would never get it back, but it could be delayed.

To fight it with the written contract still would not be financially good. The cost that I would probably fight for the service would be nothing compared to the legal costs. Regardless, I plan to follow the service

manager and let him help as much as he can. He is really a stand up guy for even offering that up.

I'm not saying that he will fall through, but you have already been told this work would be done. Has it? No. Maybe the guy will come through but him saying he'll finish the work sounds pretty good when, as you describe the government entered and they are already dealing with a number of unhappy people. As for legal costs, you don't know until you ask whether attorneys fees could be their responsibility.

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I'm not saying that he will fall through, but you have already been told this work would be done. Has it? No. Maybe the guy will come through but him saying he'll finish the work sounds pretty good when, as you describe the government entered and they are already dealing with a number of unhappy people. As for legal costs, you don't know until you ask whether attorneys fees could be their responsibility.

I agree. I liked that he offered it up....it was the genuine thing to do. However, I am not sold on it, but will see where it goes. There is plenty of time yet. I have been looking into designing a fix myself just in case and still may go that route because I would rather do my own work, but the stringers and all of that jazz was needed to be pawned off!! I guess we'll wait and see!

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I agree. I liked that he offered it up....it was the genuine thing to do. However, I am not sold on it, but will see where it goes. There is plenty of time yet. I have been looking into designing a fix myself just in case and still may go that route because I would rather do my own work, but the stringers and all of that jazz was needed to be pawned off!! I guess we'll wait and see!

What's the shop/dealership?

-- Mike

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77-Marine Dayton Ohio. Its a Nautique dealership.....well, was!

And I filed a complaint with the BBB, not that it will help any!

Edited by skier_88
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