Franzwa's Trailor & Boat

In response to your letter sent 6/23/2015, we would again like to apologize for any inconvenience.  However, there was a glitch on this particular listing that was uploaded thru YachtWorld who provide all of the listings for all Tracker [redacted] Group Dealers.   All of the listings on BoatTrader  for this particular make and model year had the same issue. Unfortunately, these things happen.  This was truly an error with no intent to deceive or mislead and was attended to in a timely manner.   You may call customer service at YachtWorld and they will be more then happy to explain the issue with you and assist you with any further questions or concerns you may have.  Their number is [redacted]  At no time was there a buyer - seller agreement or contract made or accepted.  We do not have any further information to provide on this subject.  Respectfully ~ [redacted]

Review: On 05-28-2015 [redacted] advertised a 2014 234 with the face page showing $3000.00. After opening the add, with discounts and options the final price was $14,430.00. This ad was placed in a well known and respected magazine, Boat Trader where many Mako and various other dealers advertise. I emailed [redacted] with a commitment to purchase said advertised Boat at said advertised price thereby creating the Business / Consumer relationship.[redacted] responded to my email stating the boat was listed for $74,425.00. In my response on 05-29-2015 I disputed said claim by providing a printed copy directly off www.boattrader.com on 05-28-2015. Furthermore, I again selected the ad for this boat and noticed the price in the full ad had been changed, however [redacted] failed to change the price of $3000.00 on the facepage of the ad. I have the screen shot of said ad and advised [redacted] of their failure to change all the prices which of course they have since then.Failure to disclose the accruate price through intentional misrepresentation is deceptive, Bait and Switch and false advertising to mention a few. Now include the internet, through interstate commerce and, well there you go, lets go Federal level.Desired Settlement: I want delivery of said product in original new condition as advertised and at the advertised price."Subject to prior sale" will be a false statement since [redacted] did not advise item had been sold in their original email and my commitment to purchase was made at the end of business day with 30 minutes prior to closing at [redacted] therefore providing adequate time for a response. Copies of Ad available upon request

Consumer

Response:

Review: [redacted]

I am rejecting this response because: I must point out several issues here. While you ([redacted]) claim the Tracker [redacted] Group is responsible for placing advertisement(s) in Boat Trader. The ad itself does not mention Tracker [redacted] Group nor Bass Pro within it leading any reasonable person to believe this advertisement is placed by [redacted] since it clearly states “OFFERED BY [redacted]”. Therefore [redacted] is responsible for ad content in its entirety. Furthermore, [redacted] states that there is an I.T. issue with Tracker [redacted] Group including acknowledging this is a recurring issue, thereby showing a pattern and practice of intentionally, knowingly and negligently placing deceptive and misleading advertisements'. [redacted] admits being fully aware of said alleged current and past issues in addition to having notified Tracker [redacted] Group of these alleged issues. [redacted] grossly failed to take necessary precautions in preventing misleading, deceptive and false advertisements placed in Boat Trader on their behalf. There is more than one action taken while placing an ad. Entering data, reviewing data, agreeing to terms of use and publishing therefore any errors should reasonably have been caught during this time. Not to mention immediate verification of information after publishing. Through the failure of quality control and verifying data, [redacted] is again responsible for contents of ad placed on their behalf. A “good faitheffort” by either party would be to cease placement of all advertisements until alleged I.T. issues are resolved. The State of Texas has legislation under the Business and Commerce Code, Deceptive Trade Practices Act (DTPA), chapter 17 that specifically addresses these issues including a consumers available legal remedies. I have sought to purchase this item at the advertised price of 14,430.00 thereby setting in motion the protections afforded in the DTPA. Might I suggest [redacted] contact Tracker [redacted] Group and negotiate the issue of pricing difference with them. My remedy still stands at purchasing the advertised boat, in original new condition with all options listed in said ad that I have previously forwarded to [redacted].Curtis H. Morgan

Regards,

Curtis Morgan

Business

Response:

In response to your letter sent 6/23/2015, we would again like to apologize for any inconvenience. However, there was a glitch on this particular listing that was uploaded thru YachtWorld who provide all of the listings for all Tracker [redacted] Group Dealers. All of the listings on BoatTrader for this particular make and model year had the same issue. Unfortunately, these things happen. This was truly an error with no intent to deceive or mislead and was attended to in a timely manner. You may call customer service at YachtWorld and they will be more then happy to explain the issue with you and assist you with any further questions or concerns you may have. Their number is [redacted] At no time was there a buyer - seller agreement or contract made or accepted. We do not have any further information to provide on this subject. Respectfully ~ [redacted]