Bargain Hunters

My favorite place to buy shackles and cleats sells them by the pound. A few years back, my husband, Robin, and I would go to a boat junkyard where they would let us run wild with a screwdriver, gleefully pulling hardware off a few dozen dismantled boats. At the end of the afternoon we'd take our laden canvas bag to the cash register for weighing.

Like many boaters, I can't resist the thrill of a good deal. Much of our boating equipment is secondhand, from outboards to anchors to satellite phones, and we do most of our shopping on sites like Facebook Marketplace, Craigslist, and eBay. In general, we've been happy with our purchases, but there have been the few occasions when the exhilaration of finding a good deal has caused us to miss red flags.

Perhaps the costliest example of this was a few years ago, when we decided to go bluewater cruising and spent $1,800 on a 1970s era secondhand windvane only to discover that it was deemed potentially unsafe by the manufacturer. (The vane had been made by a company that preceded it.) By the time we realized this, the seller had already spent the money and there was no hope of a refund. As 20-something penny-pinching bluewater cruisers, this was a major blow, but also a valuable lesson. While we may have fewer consumer rights when we buy something secondhand, there's a handful of good habits that can lower the chance of winding up with a lemon (or a worrisome windvane).

Consumer Rights

A buyer's rights are limited when buying used goods in private sales, however a seller has an obligation not to misrepresent or defraud the buyer. If he or she does, the buyer can sue to rescind the transaction or seek compensation. For example, if a seller advertised a 2012 outboard on eBay, when in fact it was a 2002 model, that could constitute misrepresentation and the buyer could sue to unwind the contract. The problem of course, is that even in small-claims court, there are expenses in money and time, and hiring legal counsel may cost more than the purchase price. In the end, it's still buyer beware.

A consumer has additional rights when buying from a merchant (e.g., a used parts dealer or online store). Most states offer some protection under the Uniform Commercial Code (UCC) in the form of an implied warranty of merchantability, which means that any new or used product sold by a merchant should work when used for its intended purpose (e.g., a working 65-hp outboard should run).

However, in the case of used goods, most states add a caveat saying any item is expected to work when used for its intended purposes, given the item's condition at the time of resale. In essence, consumers can expect it to work, but they shouldn't expect the same quality as if it were new. For example, if I bought a secondhand canvas enclosure, I shouldn't expect crystal clear visibility through the vinyl panels as they tend to become hazy with age.

Some states allow merchants to avoid a warranty of merchantability through use of disclaimers, but they must be in writing and conspicuous. Watch out for language that sells something "as is" or disclaims the warranty of merchantability in the sale contracts or in the website's terms and conditions.

Tips For Buying Used

Given the limits of consumer rights for used goods, the best option is to avoid buying faulty items in the first place. Here are some ways to reduce the risk.

Before You Buy

• Ask for recent photos of the actual item. Don't buy based on product shots that may be taken from other online sources as they won't give you a good sense for the condition of the item.

• Ask the seller to point out any faults and list any known problems with the item. Keep a record of their answers. Phone conversations are easily forgotten and hard to prove; if you correspond via email you'll have a record.

• Find out the exact age of the item. A chartplotter listed as "a few years old" may be much older than you think. Ask for specifics or research when that model was made.

• Look up model and serial numbers. This will tell you important information like when the item was manufactured and if there have been any recalls. Visit cpsc.gov/recalls to check.

• Find valuation by looking at similar items that recently sold on eBay. Asking prices on Craigslist or other online forums don't necessarily correlate to actual selling prices.

• See if there's a transferable manufacturer's warranty. It's much easier to seek repairs or replacement from a manufacturer than from the previous owner.

• Hire an expert to look over big-ticket purchases. When purchasing big, expensive, and complex items (e.g., an engine), consider hiring a mechanic or other marine expert to give you an opinion.

When You Buy

• Keep a copy of the seller's information including name, phone number, and address. If things go wrong you'll be able to contact them.

• Ask for a receipt. Something as simple as the details scribbled on a piece of paper or sending an email creates a trail that proves the transaction happened.

If Things Don't Work Out

• Contact the vendor. Let the seller know if you've run into a problem with the item. In some cases, they may voluntarily offer to refund you in part or whole.

• Contact the manufacturer. Many manufacturers will honor reasonable requests to repair or replace items even if you're not the original purchaser, especially if the warranty expired recently. A manufacturer once repaired our secondhand VHF radio at no cost. All we had to do was pay for the shipping.

• Report spam or scams. Websites like Craigslist and eBay allow you to file complaints about suspicious posts and unscrupulous vendors.

• While we may have fewer consumer rights, there are plenty of good reasons to buy used. With the right precautions, bargain hunting can make boating more affordable, keeps parts out of the landfill, and even provides some good entertainment value — if cruising the classifieds for that elusive boat part is your thing.