Legal Question in Consumer Law in Washington

Re: Brand new boat almost sinks.

In my experience, it is the buyer's responsibility to arrange for a survey before agreeing to purchase a boat.

But here, you say it was a brand new boat. The dealer fixed the issue. I'd need to look at the contract you signed, because your request for a different boat could be reasonable (if the dealer wants you to be happy) or they could say, "No, we fixed it".

If I were advising the dealer, I'd probably recommend they offer you a different boat.

But again, I am not looking at the contract or the boat, so I can't really tell.

Washington has a Consumer Protection Act and has statutorily adopted the UCC and those laws provide remedies and outline what is called the implied warranty of fitness for particular purpose.

Boats with holes are not fit for the purpose for which they are intended.

It isn't so much whether you have a "case" it is that you have a remedy, but you need to say what you want.

Getting what you want may be as simple as writing a polite but sternly worded letter to the dealer and cc'ing the State Attorney General.

I generally don't write letters, but that's just my policy. Other lawyers may write in situations like this.

Hope this helps. Elizabeth Powell