Yamaha 40 Blown Powerhead / What to do?

[Disgusted]

I purchased a used 2008 F40 Four stroke from a Yamaha dealer in SC and after being told it ran fine found out not only did it not run but that the powerhead had been severely overheated and now after spending more money on carb work the powerhead is in need of replacement. The motor also had 2 years left of factory warranty but Yamaha has denied my claim and the dealer who sold me this motor will not help in the repair in anyway. Is there another venue to look into with Yamaha before I start legal proceedings? As of now I have a $4000 boat anchor. Disgusted!!

[Sparkieboat]

I am not sure why Yamaha has denied the claim, i would assume that they have a legitimate reason or you could sue them..I am not sure that the dealer can be sued, used motors are probably sold as is, which is why you test a used motor before buying, a good outboard mechanic would have spotted these problems for a $85 check-up. now it is your word against theirs, all they have to say is "it ran fine when it left our shop, he must have run it hot." Good luck..your best bet is to find out why Yamaha has denied your claim, if they do not have a legitimate reason then you could try to sue them I guess, But I am not a lawyer.

[Disgusted]

Sparkie I bought the motor online and the dealership told me the motor worked fine. Yet they failed to mention the severely overheated powerhead and the ownership history of the motor. How can a business operate in such a manner? They also said the motor had two years left on the factory warranty which can only be transferred if it is given a clean bill of health by an authorized dealership which they are. So I am not sure how Yamaha corporate can deny a claim.

[Sparkieboat]

I am assuming that there may be an issue with the clean bill of health part. If the dealership will give you some type of paper work stating they gave it a clean bill of health before selling it maybe you can get Yamaha to honor the warranty.

I am sorry to hear that a dealer would do sell a known bad motor, but there are dishonest people in every corner of the globe.

If the dealer says the they checked the motor out and it was fine they should give you paper work saying so.

next used boat motor gets a check-up from YOUR mechanic or you don't buy it

[Disgusted]

I have a feeling they are going to do little to help me from the stance they have taken. It looks like a legal matter looming; I would never have purchased a used motor if there was not a factory warranty involved. It seems fishy that the warranty is transferable to me yet I can get no warranty on the motor. I am sure a lawyer will make sense of it all.

[99yam40]

from what I understand A warranty normally does not cover damage from overheating or bad fuel, as they can not control what you put into it and how you run it.
How long did you run it?
If it would not run good when you first picked it up, why did you not just take it back at that time?

[200090tlry]

Mechanics dont have all answers except rodbolt lol

Just because the online dealer said the motor was running great doesnt mean a thing. If the warranty is still good on motor even though your the second owner i would go that route. Did you have the motor shipped to your location? They drain all fluids for shipping.

[Sparkieboat]

disgusted sent me a PM and I gave him a link for a brand new F40 for under $4k..not sure why he paid so much for a used motor, in his PM he told me that his mechanic had a $4200 estimate to repair his 2008..so i am wondering whats up. I am posting this because it is best to have this all out here in the forum so others can learn from our mistakes and they cant read our PMs. Yamaha Outboards Motors F40BTLR Price: $3995.00

[Disgusted]

How it all happened

I purchased the motor online and it was shipped to me that is why it was not returned upon finding it not running properly. I actually took it to a Yamaha dealer in my area and they could not get it to run and diagnosed it as needing the carbs cleaned at that time the burnt paint on the powerhead was pointed out to me. At this point I called the selling dealer and asked them to take them motor back and they refused said it was not an option.

There only offer was to have me pay to ship it back on my dime then they would clean the carbs and ship back to me. So I thought it would just be better to have the carbs cleaned locally and put the shipping charges towards the cleaning.

Anyhow the repair kits were put on all three carb and a leakdown test was done and cylinder #2 showed 12% which the tech said was on the verge being out of spec. The plugs had to be replaced because they were all fouled and the thermostat was stuck open so that also was replaced. He tank tested it and set it out with me for a river test and said he thought the motor was carboned up and running poorly with a slight miss. He hoped it would smooth out after putting some hours on it. I took it to the river a week later and ran the boat for about 20 minutes before white smoke billowed out of it when put in reverse and then it died and would not restart.

And yes there was both oil in the motor and the water pump was working fine pissing out the back with a strong flow.

Also the only reason I bought this motor in the first place was because I wanted the manual start till jet model which Yamaha discontinued when they went to EFI on the 40hp. Thus that is why the motor cost $4000 if you include the carb work done to it.

A new model 40hp with the jet and tiller is roughly $6000 I believe.

So here I am left with a boat anchor sold to me by an unscrupulous dealer who cares nothing for the customer because they will not help with the repair even though this motor had issues long before they pawned it off on me without disclosing the true condition the motor was in.

So here I sit without a motor; when I thought purchasing a Yamaha even though used that had been inspected and worked on by a Factory authorized
dealer and they assured me that it ran great and the carbs had been cleaned before shipping it to me, I end up with a smoking crater and a lot of pain and suffering. Not to mention a huge financial loss.

Sorry for the long drawn out reply but that is the way it happened.

Now my only choice looks like a lawsuit since it appears no one wants to step up and do what is right given the situation.

[Sparkieboat]

now it makes more sense..I understand why you searched online for a motor now..those models must be hard to come by. but still $4200 for a repair?? that seems very pricey..I would think that you could get that motor rebuilt for about half that price.
What reason did you want a jet prop motor for? Maybe you run in the real shallow water??
I think 99 mentioned that the warranty does not cover over heating, this must be the reason for the warranty denial..if this is true I do not see where a lawsuit would help you, but then again I am NOT a lawyer. but you would have to sue the dealer for selling you a bad motor and it would be hard or impossible to prove it was bad when you got it. You could consult a lawyer and see what he has to say but I would be careful about shucking out a lot of money on a law suit unless you were really sure of the outcome.
I regret to hear of your awful experience. Your motor should still have some value for parts..about the only bright side I can see for you.

[rodbolt17]

you bought a motor online.
first mistake.
12% leakage is acceptable.
15% is the limit.
leakdown should have ben done FIRST then a decarb and a second leakdown.
second mistake.
a tech that tells you it runs good,has a slight miss, run it and maybe it will get better, that tech is an idiot.
it NEVER gets better it NEVER heals itself.
next time use the yamaha dealer locator function and find a dealership with at least a master tech employed.
a dealership is NOT corperate yamaha nor is it nessasarily employing trained techs.
5 star certified means someone at the dealership actually passed a video course and watched 3 webinars.
first thing you should have done was a COMPLETE cooling system tune up.

[robert graham]

Well, you bought a pig in a poke and got a bad pig! Some well-worded letters to Yamaha with copies to the dealership MAY create some pressure and/or embarrassment sufficient for them to step up and offer you some help on this. Letters from you as an individual to start with, then a bit later with the attorney. You want to be factual, as pleasant as possible, try to appeal to their sense of "what's right and fair", first. A few phone calls along the way can stir things up some. Just think,"steady, even, unrelenting pressure". I have 30+ years in collections from dead-beat clients, and you can really stir things up without a lot of threats and anger, even though I'm sure you'd love to have their heads at this point! Good Luck!

[rodbolt17]

what robert says

[dboyd351]

Yes, Robert is giving good advice. Try to convince Yamaha to somehow make things right or at least meet you halfway. That's your best bet.

If, after trying the reasonable route without success, you decide you absolutely have to sue them, I have a suggestion.

Find what the jurisdictional status is and consider taking them to small claims court without a lawyer. You'll need to collect all the written documentation you can (copies of sales receipts, any documentation you can show about the dealer's claim that the motor was in good running condition, any warrenty representations, etc.) You'll probably also need to subpoena the mechanic you took it to. Try to find out if he is really willing to stand behind what he told you.

Keep in mind court is ALWAYS a crap shoot. There is never a guarentee you'll win or lose, no matter what the facts are. Very seldom are court cases black and white, so the judge can almost always find something to hang his hat on to rule one way or the other.

You may well lose, or you could win. The difference in doing it this way is you won't be out another couple of thousand in legal fees. I'm NOT kidding. Lawyers often charge a couple of hundred per hour. If you've ever heard one talk, they can go on almost forever because they are billing by the hour. And court cases often involve lengthy waits, both to get on the calendar and to wait for your individual case to come up on the day you get to court. All this costs you by the hour.

Yamaha, and probably the dealer, too, have a lot deeper pockets than you do, I'd assume. That's why it pays to talk nice, but firm and try to get them to work with you. If not, the small claims court route will at least keep you from going a great deal deeper in the hole.

Good luck, sounds like you need some.

[Disgusted]

The End

Well for about $2500 my motor is being rebuilt with no help from the dealer or the manufacturer. My lawyer told me it was a waste of time and would cost too much with no clear chance of winning in court.

A special thanks goes out to John Dendy and Coastal Marine of Myrtle Beach SC you are one class act outfit. Good luck with your business model!