ComplaintsforBay Marine Of Sturgeon Bay Inc

• Initial Complaint

  04/08/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Bay Marine brokered my boat. They represented myself the seller and the buyer. I signed the sales contract stating that I would pay to repairs on the transom. This was based on several conversations with *********************** and *******************, both employees of Bay Marine, that limited the repairs to what was critical on a survey, and with the promise that I would be involved along the way with pictures etc. so that i could monitor the work being done so that it did not get outside the scope of the survey. I was also told that the specific work to satisfy the survey could be done for $4000. It wasn't until the work was complete that I recieved any photos, and an invoice for $7954.21, and with-in 40 days, recieved a threat of legal action by *********************** and Bay Marine. *********************** also attempted to make me pay for additional equipment that they installed. They claim that the sensors that came with the purchase of the boat (new in packages) were wrong and expected me to pay for new ones. Overall, not only was this transaction very unprofessional, verbal agreements were used to get me to sign an agreement that should have had a "not to exceed" amount on it. I have verified this through several other marine brokers. As far as I know the new owner was never contacted, they just passed the cost onto me. ******************* (the repairman at Bay Marine) even told me that they could have gone further and the new owner was not contacted. So the repairs weren't even done as well as they could have been, this is troubling as well.I just want Bay Marine, and *********************** to keep thier word. In an email to *********************** (broker at Bay Marine) and ************************* (owner of Bay Marine), I made it clear that I am happy to pay the $4000 plus the $500 that agreed to for fuel sensor installation, I just want a corrected invoice. I have discussed this with an attorney and will retain one if I need to.

  Business response

  04/19/2022

  April 18, 2022 Attorney ****************************
  **********************
  
  VIA E-MAIL
  *************************
  BBB of *********
  10019 *****************************************.
  *********, ** 53214
  *******************************************************
  Re: BBB of ********* / ********************* Complaint against Bay Marine of Sturgeon Bay, ****
  Identification # ********
  Dear ********************:
  Our law firm represents Bay Marine of Sturgeon Bay, **** (Bay Marine). We were retained by Bay
  Marine on Friday, April 15, 2022 for the purpose of litigating several causes of action committed by
  ******************* against my client.
  I understand ************ filed a complaint against Bay Marine with the BBB of ********* on April 8,
  2022. The complaint relates to the subject matter of the parties on-going dispute. I further understand the
  BBB of ********* has requested a response from Bay Marine, if any, by April 18, 2022.
  Please be advised that Bay Marine intends on issuing a formal response to the BBB of ********* that
  categorically denies ************** unsupported allegations and his frivolous complaint. We have significant
  and persuasive corroborating evidence that we intend to present in Bay Marines response. However, due
  to our recent retention, we will be unable to submit a response by todays deadline. We need additional
  time. As such, Bay Marine respectfully requests an opportunity to submit a formal response with the
  assistance of counsel by the close of business on Thursday, April 21, 2022. Please advise by e-mail to
  *************** if you are agreeable to our request.
  Thank you for your time and consideration. Bay Marine looks forward to providing an informative
  response.
  Very truly yours,
  *********************************************************************

  Business response

  04/22/2022

  This letter is a follow up to our April 18th correspondence. As discussed, I represent Bay Marine
  with respect to civil claims against *******************. This letter serves as Bay Marines formal
  answer to ************** BBB complaint.
  Bay Marine opposes ************** BBB complaint and disputes his factual allegations contained
  therein. ************ filed his BBB complaint on unsubstantiated grounds that Bay Marine
  misrepresented the cost to repair the transom to be $4000. In reality, Bay Marine informed Mr.
  **** that the transom repair would cost a minimum of $5,000 and not likely to exceed $10,000.
  This communication was witnessed by multiple parties, including Bay Marine employees and the
  boat buyer. ************ was further informed that Bay Marine could not provide a precise estimate
  because there would be no way to specify the extent of the repair until the rotten area was opened
  up for further investigation. Lastly, Bay Marines estimated range was corroborated by a
  professional and independent surveyor, *****************. Bay Marine is prepared to offer several
  sworn affidavits from the foregoing witnesses that attest to the foregoing facts, if necessary.
  In addition, strong circumstantial evidence arising out of the negotiations supports Bay Marines
  position. During the negotiations over who would pay the repair costs, the boat buyer offered to
  assume the cost of winter storage and the necessary canvas repair if ************ agreed to pay for
  the repairs of the rotten transom and the replacement and installation of the faulty fuel senders by
  Bay Marine. ************ stated that he was only willing to cover up to $4000 in repair
  costs. After that was explained to the boat buyer, the buyer decided to decline the purchase of
  ************** boat. When Bay Marine advised ************ of that decision, ************ replied with
  Ok, he wins and ************ subsequently agreed to pay the entire repair and replacement costs
  of the transom and fuel senders. This agreement was memorialized in a written amendment to the
  
  April 21, 2022
  Page 2
  
  sales agreement in December of 2021. Attached is a true and correct copy of the Sales
  Agreement and Amendment.
  Based on the foregoing, it is plainly evident that ************** BBB complaint against Bay Marine
  is frivolous and unsubstantiated. It is likely the byproduct of sellers remorse and made in
  anticipation of litigation, which ************ is now facing. Ultimately, ************** BBB
  complaint is an attempt to besmirch the reputation of Bay Marine without evidence or facts. We
  ask that the BBB of ********* reject these unfounded, unsubstantiated allegations and dismiss
  ************** complaint forthwith.
  Thank you very much for your time and consideration.
  Very truly yours,
  *********************************************************************

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩