Targa 17 Help!

[Barry Cheeseman]

I purchased a Targa 17 on 6/21/02 from R&W Marine in Elizabethtown, KY. The boat had roughly 18 defects. I took the boat in for repairs on 6/24/02. I picked the boat up on 6/28/02. 13 out of 18 defects had been addressed. The boat still has five defects which are: five stripped screws, cut rubber on bow gunnel, passenger console cracked in two places, R&L stereo speakers defective and the boat lists to port 15-20 degrees. The service manger first said Tracker shipped the wrong prop with the motor. The boat still lists to port 15-20 degrees after a prop change, adjusting the trim tab and moving the motor up one bolt hole. I think the hull is defective. At this point I want Tracker to give me my money back or put me in another boat. Does anyone have any advice on how to proceed with Tracker Marine?

 

[Greg Meyer]

Barry,



Communicate with your dealer...in writing..document everything.



I got a suggestion from my lawyer...His advice is that on written purchase agreement with the dealer for a new boat...you add...(printed neatly or typed and attached with a written reference to the attachment) "Notwithstanding any other written term of this agreement...Dealer agrees to deliver the boat, motor, all accessories and components to the purchaser in new, good, operable condition, without any defects in material or workmanship. Further, the buyer may water test the boat after delivery to determine the condition of the boat, motor and all accessories and components. In the event that the boat is not delivered as specified in the first sentence, the buyer may cancel this agreement by notifying the dealer in writing within 5 days of delivery and all moneys, payments, deposits, etc. will be fully refunded to the buyer. Failure to refund moneys as specified will subject the dealer to additional damages of attorneys fees and costs of suit if such is required to collect. These terms are binding on any assignee of the dealer."



His, my attorney's, opinion is that any dealer willing to sign this is going to make it right...any dealer not willing to sign it...isn't woth dealing with...



Then have the dealer initial that addition.