MarineMax of Ohio loses $1.9 million lawsuit

PORT CLINTON, Ohio – MarineMax of Ohio, Inc. has been ordered to pay over $1.9 million in damages after an Ohio county court judge found the company guilty of “deceptive acts and practices” and having engaged in “fraud and deception” in connection with the 2002 sale of a 51-foot Sea Ray to a local businessman.

The 2001 Sea Ray yacht hit a reef during sea trials, then was repaired and put up for sale again.

While the buyer, Douglas G. Borror, president and CEO of house builder Dominion Homes Inc., was informed that it had been damaged, the plantiff alleged “he was not informed as to the nature and extent of the damage to his vessel,” which he said included significant damage to the boat’s stringer system and structural integrity, according to court documents.

In fact, several months after the sale, a marine surveyor hired by Borror determined the boat wasn’t seaworthy. After he was informed of the full damage, the buyer attempted to “revoke his acceptance of the vessel,” which was denied by MarineMax. The boat, which was purchased for $784,151.83, was later sold by Borror for $350,000, according to the court.

Judge Paul C. Moon of the Common Pleas Court of Ottawa County found actual damaged suffered by the plantiff to be $484,591.27, and treble damages permitted under the Ohio Consumer Sales Practices Act to be $1,453,773.80, for a total award of $1,938,365 in favor of Borror, plus attorney’s fees and costs.

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