Complaint Review: Captain Joe's Boat Rental Tour

I believe I am a victim of fraud. Captain Joe declines to refund me a $10,000 deposit I gave him to buy his 95 Gibson 65 Houseboat: It is unsafe, in poor condition & suspicious title. I always dreamed to buy a houseboat for pleasure and business. The main idea was to enjoy the houseboat some days a week, and rent/charter it the rest of the time. On June 23rd 2016 I saw a Craigslist ad about a houseboat for sale: In "Excellent" condition, cool photos, with a successful business story behind. The next day I went to Captain Joe´s Marina in 7904 Drive, North Bay Village. I met Captain Joe (Joaquin Ramirez) and his partner Luciana Ramírez. Both treated me excellently and showed me the houseboat. I was disappointed at first about the "look" of the boat, very different from the beautiful pictures they are featuring in their ads. However, I imagined that with some work I could make it look prettier. I asked many questions to Joe and Luciana about the boat´s navigability, safety, hull condition, potential repairs, etc.. Joe answered to all the questions emphasizing on the boat´s great condition, navigability (if we repair the engine, he claimed), durability, and business potential (if we charter the boat, he said ). We discussed only a few things about exterior repairs: Interior walls and floors, paint & seal the deck, a new hammock, etc...Joe and Luciana were very nice and amicable so I honestly trusted them with all my heart. So I was ready to purchase it. I rushed my decision and cashed-out my retirement plan with major early-retirement penalties. I did not care, because I truly wanted a houseboat. Joe and I agreed on meeting again on June 26th to show the boat to my husband and bring a $10,000 deposit (Total sale price is $45,000). We signed a "Boat Buyer/Seller Purchase Agreement" all contingent on Seller providing a clean title, Buyer getting an acceptable survey, and Houseboat being insurable. I gave the money in cash to Joe who signed all the terms in the agreement. He provided me with the Title and registration, and a Marine Survey. This survey was done in 2013, and claims that the houseboat was in "above average" condition and worth $75,000. I believed that all these documents were truthful. 

Then, the next day, the nightmare started. Like I was dealing with a completely different couple. The minute I called Joe asking about doing a new Survey and a Title Search, he got very agitated, rude, and impossible to talk to. He immediately threatened me about keeping my deposit. I was finally able to schedule a new Survey for June 29th with an independent company Patton Marine Surveyors. The Survey results are absolutely devastating. Worse than I imagined. To begin with this boat is NOT a 1995 Gibson Aluminum houseboat. The Title says the hull is wood, but the boat they showed me has an aluminum hull. I am afraid the Title they gave me does not belong to the houseboat they showed me. There is no doubt this transaction is completely fraudulent. I do not see how Joe was able to get his first Survey in 2013. Secondly, the Marine Survey done on June 29th portrays the horrible reality that this houseboat is UNSAFE, NOT INSURABLE, and NOT SOUND FOR MARINE PRACTICE. Renting this houseboat is dangerous and is a major liability for its owner and the Marina where it stays. There will be no reputable Marina in the world that would accept this houseboat in its current condition. There is lack of safety equipment, waste management system (it flushes directly into the ocean) hull is not sound for marine practice, corroded and pitting. Steering panel is not working. Hoses are cracked and rotted. Electrical system is not sound marine practice (potential electrocution risk) Black mold covers air conditioning vent hoses (potential health hazard) Many things are not working or rusting. It is very hard to believe that a Captain with more than 25 years of experience is trying to sell me (a woman with ZERO nautical experience) this houseboat for $45,000. I feel abused by this people. I canceled our agreement in a timely fashion providing supporting documentation. Captain Joe declines to refund my deposit. The authorities need to stop them from taking advantage of me (and other people) and siking the lives of people.

My Desired Resolution:

First and foremost, I want Captain Joe and Luciana to stop risking the lives of guests who are staying in their Houseboat like a hotel. It is dangerous and a liability. Secondly I want them to acknowledge that they are trying to wrongdoing me by selling me a Houseboat that has not a clean Title and it is in extremely poor condition (unsafe). This is fraud to me. They need to stop misleading and lying to customers. I want them to stop hurting people by cheating and deceiving us. I feel betrayed by someone like a Captain who is supposed to be an "authority" in nautical matter, and have the expertise about boats. With his experience he should know about the unsafe condition of his Houseboat. I DESERVE AN APOLOGY. Thirdly I want Captain Joe to refund me the $10,000 deposit as we agreed on plus $1100 I spent in the Marine Survey and Title Search. I would have not spent that amount of money if Captain Joe were not dishonest and indecent. He should know better. He knows he is selling me a wreck without a proper Title. Lastly, If Captain Joe and Luciana want to keep their rental business hosting guest in the Houseboat, I want them to make all the necessary repairs to ensure their Houseboat is safe and sound for marine practice. And PLEASE do not flush the toilet directly into the OCEAN. If they do not agree and correct their actions, I believe all kind of authorities need to be involved to investigate their business.