About 2 weeks ago I bought a Johnson 5.5hp (1964) Seahorse at this place called Maritime Exchange. $150 dollars. They guy made it understood that he could not guarantee the motor. He said I was rolling the dice. OK.
Got it home and it sputtered for a minute and that was all she wrote.
So I called the Johnson repair place. I asked him if he could have a look at it. He asked what size it was and he said bring it down.
Saturday, I took it there in my car. I told him it wouldn't run and for him to have a look at it. He gave me a form and I printed my name and phone on it. (He didn't give me a copy) He said "give me a call on Wednesday.
Monday my girlfriend told me the mechanic called and he's got the engine fixed...but the bad new is it's expensive.
What???!!!! It's fixed.@%****
I called him. " Yea, I worked on it for seven hours but I'm only charging you for 4hrs. plus parts." The total parts and labor is $428.00 dollars.
I slept on it, but all along it bugged me. He should have called me before doing such a repair. I told him I had other options.
I spoke to him again and suggested that he consider reducing the price. He explained that he wasn't going to work for free. Parts arent free, he said.
Turns out that outboard motor shops are not a regulated industry in Hawai'i. So he's got the motor and I'm wondering what next?
Get a load of this!
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Gerald Gordon
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- Location: O'ahu, Hawai'i
Whether there is a legitimate mechanics lien is likely the issue... Might call a few attornies in your area to find out. Some will not want to talk to you over something so cheap. But, keep trying until you find one who will... You just need to describe the situation and ask them if, under HI law, there would be a mechanics lien. If not, you can call the guy and tell him "my lawyer said 'x' and I want my motor". He should work with you on the price, then. If he doesn't work with you, sue him. If there is no legitimate lien, he has your property, which he improved on his own authority. That's likely his problem...Catigale wrote:Especially if you didnt sign a work order acknowledging a mechanics lein....
If there is a lien, and you want to motor, pay him. You can always sue later.
Filing suit doesn't require a lawyer. Most states have real easy to deal with small claims systems... But, you are burning a bridge...
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Tony D-26X_SusieQ
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Worst case... If you walk away he ends up paying $428.00 for a $150 motor and you are only out $150.00. Try going through your local Consumer Affairs Office. Sometimes a call there will make them a little more willing to work something out with them. Just good business practices would dictate that he give you an estimate up front. A complaint with the Better Business Bureau would be in order at the least. 
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Lloyd Franks
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waternwaves
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Mark Prouty
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On occasion there are situations like this that are actually kind of sporting. Treat this situation like a hobby - a kind of game with you against the mechanic. Document the happenings and report back to us so we can follow the blow by blow.
The mechanic has far more to loose than you do. First, challenge him with a consumer protection agency call. If that doesn't yield the desired results, challenge him with small claims court; follow through if necessary. It will cost you some time but consider the time spent as part of the challenge. Even if you lost in small claims court, you are sending this guy a strong message - don't mess with the consumer.
If you take this to small claims court, you won't ever get punitive damages but hopefully the guy will hire a lawyer. The lawyer will cost him. He will also not like to have taken part of his day to spend it in court. You might witness his anger at this. You also will know that he will have to explain (lie) to someone about how he is spending his day. This is not pleasant for him. These things are punitive in themselves.
Pursue this. You might find the challenge gratifying. This guy is a menace to the public.
Desired results? I'm not sure. In these parts, a mechanic gives a rough estimate and has the customer initial it. If the repairs go beyond 50 bucks or so above the estimate, the customer is notified for consent. The customer might be out the $50 for the estimate if he turns down the job.
I don't think the guy should be charging you more than $50 without your consent. Offer him $50 to $100 to get you motor back. Explain that in addition to what you have already invested, the retail value of the motor is not worth more than that kind of investment; this is being truthful. If he doesn't go for it, tell him to keep the motor but explain to him that it is your goal to get it or the cost of it back. Follow the steps above. In small claims, sue him for $150 - the cost of the motor.
Clearly, putting $428 in a 40 year old 5.5 hp motor is questionable. You can buy them cheaper on Ebay
$70 dollars per hour * 4 hours = $280. 428-280=148. $148 or more in parts. What did this guy do?
Oh, yea. If you don't pickup the motor, he'll challenge you with a storage fee. You'll have to consider this. I don't feel this is a valid argument in court.
Just speculating...
Let us know how it turns out.
The mechanic has far more to loose than you do. First, challenge him with a consumer protection agency call. If that doesn't yield the desired results, challenge him with small claims court; follow through if necessary. It will cost you some time but consider the time spent as part of the challenge. Even if you lost in small claims court, you are sending this guy a strong message - don't mess with the consumer.
If you take this to small claims court, you won't ever get punitive damages but hopefully the guy will hire a lawyer. The lawyer will cost him. He will also not like to have taken part of his day to spend it in court. You might witness his anger at this. You also will know that he will have to explain (lie) to someone about how he is spending his day. This is not pleasant for him. These things are punitive in themselves.
Pursue this. You might find the challenge gratifying. This guy is a menace to the public.
Desired results? I'm not sure. In these parts, a mechanic gives a rough estimate and has the customer initial it. If the repairs go beyond 50 bucks or so above the estimate, the customer is notified for consent. The customer might be out the $50 for the estimate if he turns down the job.
I don't think the guy should be charging you more than $50 without your consent. Offer him $50 to $100 to get you motor back. Explain that in addition to what you have already invested, the retail value of the motor is not worth more than that kind of investment; this is being truthful. If he doesn't go for it, tell him to keep the motor but explain to him that it is your goal to get it or the cost of it back. Follow the steps above. In small claims, sue him for $150 - the cost of the motor.
Clearly, putting $428 in a 40 year old 5.5 hp motor is questionable. You can buy them cheaper on Ebay
$70 dollars per hour * 4 hours = $280. 428-280=148. $148 or more in parts. What did this guy do?
Oh, yea. If you don't pickup the motor, he'll challenge you with a storage fee. You'll have to consider this. I don't feel this is a valid argument in court.
Just speculating...
Let us know how it turns out.
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Gerald Gordon
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- Location: O'ahu, Hawai'i
Outboard motor repair is an unregulated industry in Hawaii. I offered him two deals:
1) buy the motor from me for $150.00 dollars.
2) I would pay him $200.00 dollars and get pick up the engine.
He laughed at both offers.
I called small claims court and they said it was a case of he said she said.
It is somewhat time consuming to file a claim. I ended up calling him and turned the motor over to him. He said he would return any amount over $428.00 from the sale to me. I shall see.
Lesson?????
Get it all in writing and be clear in what you want done. This is not automotive repair!!
1) buy the motor from me for $150.00 dollars.
2) I would pay him $200.00 dollars and get pick up the engine.
He laughed at both offers.
I called small claims court and they said it was a case of he said she said.
It is somewhat time consuming to file a claim. I ended up calling him and turned the motor over to him. He said he would return any amount over $428.00 from the sale to me. I shall see.
Lesson?????
Get it all in writing and be clear in what you want done. This is not automotive repair!!
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Mark Prouty
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RandyMoon
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Gerald....
Of course I would never recommend this but I remember one person who had a similar problem.
His solution was to go buy an epoxy glue applicator where the resin is in one tube and the hardner is in another parallel tube. The type that mixes the two together when you push on the plunger and it squeezes both out and mixes them in one stroke.
Go glue his door shut. The guy is a snake. The cost to get a locksmith out will compensate for you loss. You will sleep better at night.
Like I said, I would never do this......
Of course I would never recommend this but I remember one person who had a similar problem.
His solution was to go buy an epoxy glue applicator where the resin is in one tube and the hardner is in another parallel tube. The type that mixes the two together when you push on the plunger and it squeezes both out and mixes them in one stroke.
Go glue his door shut. The guy is a snake. The cost to get a locksmith out will compensate for you loss. You will sleep better at night.
Like I said, I would never do this......
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Mark Prouty
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Light a bag of dog poop on his porch. Hide in the bushes...RandyMoon wrote:Gerald....
Go glue his door shut. The guy is a snake. The cost to get a locksmith out will compensate for you loss. You will sleep better at night.
On edit: don't forget to ring the doorbell
Last edited by Mark Prouty on Tue Oct 04, 2005 6:50 am, edited 1 time in total.
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Gerald Gordon
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