Ask A Maritime Attorney: I purchased a “lemon.” Can I sue them to enforce the warranty after they contended my repurchase request?

Question: I bought a new boat early last year and I’m having a dispute with the dealer and manufacturer regarding repairs that should have been performed under the boat’s warranty.  The boat has been out of service for an extended period of time, and I have asked them to repurchase the boat as required under the California Lemon Law, but they contend that the Lemon Law does not apply because I purchased the boat through an “offshore delivery” to avoid sales tax.  Can I sue them to enforce the warranty?  If they can’t be forced to repurchase the boat, can I sue them to unwind the purchase, or at least to reimburse me for my loss of use of the boat?   Answer Boat warranties vary considerably between manufacturers, but regardless of the features of your warranty, the laws that govern a boat warranty differ considerably from a car warranty.  Our reader will have a fight on his hands because he did not buy the boat in California, and even if he did, the “California Lemon Law” won’t help him because it is designed generally to protect car buyers rather than boat buyers. Unlike a car warranty, the warranty for your boat will cover only...