Maiden Voyage........Update....`

[BigCoon]

Legally, the dealer is responsible because they sold a modified engine without notifying the new owner of the modification. He would win hands down in court, if it came to that.

[Montauk17]

Not sure if they are still responsible since it was under consignment

[BigCoon]

Originally Posted by Montak17

Not sure if they are still responsible since it was under consignment

If they had knowledge of the modification, the dealer is responsible, if not, the previous owner is liable.

[Montauk17]

yeah but i think he bought it in flordia that might be a pain

[Reverend Redfish]

Hands down - no doubt, Tim wins this lawsuit..... Makes no difference if the dealer knew about the engine modification or not... It's the dealers responsibility to know what it is they are selling.

[eman]

I would have to agree w/ the right rev. redfish, Especially since they told tim tim that they had gone over the motor to make sure it was ok b4 they sold it to him. I think a 10 yo kid could have seen a hose disconnected from the motor.
If you're going public w/ the problem Do it in the news paper where the dealer is located. Also outdoor web sites in Fla. Get the message out to there customer base,

[Dink]

I didn't sllep much last night thinking about this...........the old owner is an elderly gent......I'm not sure I feel right goin after him for this when it could be just a lapse in information...........I DON"T believe this is my fault though..........I'm going to call the dealership AGAIN today and discuss it w/ both the owner and the salesman........I'm not looking to rake anyone over the coals on this, but would like help w/ the bill..........maybe half?? Again........I DO NOT believe thisw is my fault..........Tim

[LittleRob]

Good luck with it

[Raymond]

Tim, bad luck on the motor but I would consult an attorney about taking this to small claims court in Lafayette. If your judgement holds up, the dealership will have to make it right. Judgements will totally wreck the dealerships ability to continue their finance program and most of them are on finance programs for their inventory. It will be in their best interest to take care of this before it gets to small claims court. My second course of action would be to visit some local dealers and find out if it is customary to inform buyers of used equipment about any modifications the equipment.
Under the Full Faith and Credit Clause of the Constitution, a judgment by a state court must be fully recognized and respected by every other state. For example, suppose the prevailing party in a California case knows that the defendant has assets in Arizona that could be used to pay the judgment. The prevailing party may docket the California judgment in the Arizona county court where the defendant's property is located. With the judgment now in effect in Arizona, the prevailing party may obtain a writ of execution that will authorize the sheriff in that Arizona county to seize the property to satisfy the judgment.