This case involves a 2018 Harris Cruiser 220 sold new by Tilly's Marine and later returned for power loss and low-speed performance complaints. The core issue was that the boat allegedly did not run as fast as it used to and could not maintain the performance the buyers expected from the vessel.
The dispute centered on repeated warranty-related service visits for the same speed problem. Even after dealer testing and a later on-water diagnostic with a Mercury representative, the owners continued to report reduced performance, and a later prop change still did not produce a clear lasting fix.
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What Allegedly Happened
- The buyers purchased a 2018 Harris Cruiser 220 new from Tilly's Marine.
- The boat was sold with manufacturer express warranty coverage, and the case also included implied-warranty allegations.
- The main complaint became does not run as fast as it used to, with the owners reporting a continuing speed and power-loss problem.
- At one service visit, the dealer performed a lake test, recorded 33 MPH at 5400 RPM, and said the boat operates as designed.
- A later on-water diagnostic with a Mercury representative found no stored codes and concluded the engine performed as designed, but suggested the boat might benefit from a different prop.
- At a later prop-swap visit, the new prop did not make much change, and the service write-up later noted 30 MPH at 5600 RPM after further testing.
Repair History
2018 Harris Cruiser 220 – Documented Service Visits
| Date | Mileage | Dealership/Shop | Complaint (summary) | Diagnosis | Repair Performed | Results/Notes |
|---|---|---|---|---|---|---|
| 01-18-2019 | — | Tilly's Marine, Inc. | Radio inoperative. | Faulty amplifier diagnosed at the customer's slip. | Dealer drove to the slip and replaced the faulty amp with a Harris-supplied part. | Warranty claim through Harris Boats. |
| 08-23-2019 to 09-20-2019 | — | Tilly's Marine, Inc. | Prop loose; boat does not run as fast as it used to; check pontoons for leaks; cracked ladder clip; LED light-track and under-seat light complaints. | No leaks found. Dealer performed a lake test and recorded 33 MPH at 5400 RPM, then wrote that the boat operated as designed. Under-seat light issue was traced to loose female connector ends. | Tightened prop; performed lake test; refit under-seat light track; tightened loose connectors; noted parts on order for ladder clip; vinyl repair noted as sublet. | Dealer video-taped RPM and speed during the lake test. |
| 06-2020 | — | Tilly's Marine / Mercury representative | On-water diagnosis for continuing speed and performance complaints. | Fuel pressure was steady at 60 PSI, no stored codes were found, the prop showed no damage, and live-data testing and power-balance testing were described as normal. | Performed on-water diagnostic testing with Mercury representation, including fuel-pressure testing, code check, prop inspection, live-data testing, and power-balance testing. | Dealer later said no repair order was opened because there was no warranty claim or customer charge. Mercury's conclusion was that the motor performed as designed but might benefit from a different prop. |
| 08-21-2020 | — | Tilly's Marine, Inc. | Replace prop supplied by Mercury Marine and lake test with customer as a goodwill gesture. | New prop did not make much change. Removing vent plugs increased RPM. | Replaced prop, lake tested, then refit the old prop and removed vent plugs. | Service write-up listed top speed at 30 MPH at 5600 RPM. Warranty claim through Mercury Marine. |
Pattern Summary
Apart from an earlier warranty visit for a separate radio issue, the later service history centered on the same basic complaint: the boat allegedly was not running as fast as it should. The owners brought that concern back more than once, and the dispute moved from a dealer lake test to a later on-water diagnostic with Mercury involvement, then to a goodwill prop change.
The notable pattern is not just recurrence, but recurrence without a clearly documented lasting fix. Instead of a repair entry showing that the speed issue was definitively corrected, the history repeatedly returned to some version of “operates as designed” or “performed as designed,” even though the later prop-swap visit still recorded that the new prop did not make much change.
Why the Power Loss and Low-Speed Allegations Matter
When a consumer boat allegedly loses speed and power after purchase, that affects ordinary use in a direct way. A boat that is expected to cruise normally but instead draws repeated complaints about reduced speed, lower-than-expected performance, and continuing power loss can change how owners use it and how much confidence they have in the purchase.
This pattern also matters because the service history did not show a clean, lasting resolution. The owners were told at different points that the boat operated as designed or that the engine performed as designed, yet the later prop change still did not make much change. That kind of unresolved performance dispute can leave a buyer stuck between continued use and continued uncertainty.
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California Lemon Law Basics for the Harris Cruiser 220
For a California boat case like this, the key questions often include whether the vessel was sold with express warranty coverage, whether the buyer gave the seller or manufacturer a reasonable chance to repair the problem, and whether the same performance complaint kept coming back without a clear fix. This case also involved implied-warranty allegations and repeated return visits for the same low-speed concern, which is why warranty-based boat claims are usually evaluated through the repair history and the response to those repair opportunities, not through one isolated service event.
Settlement Outcome
This case ended in a confidential monetary settlement and repurchase of the boat and engine. The settlement resolved disputed claims, and the defendants denied liability and continued to deny the plaintiffs' allegations.
Your California Lemon Law Rights
California warranty cases like this often turn on whether the seller and manufacturer were given repeated chances to address the same substantial problem and whether the same problem still remained afterward. The Song-Beverly Consumer Warranty Act is California's core consumer warranty law for cases like this.
- Repeated repair presentations for the same low-speed or power-loss issue can matter when the product still does not perform the way the buyer reasonably expected.
- A dealer or manufacturer saying the boat “operates as designed” does not automatically end a California warranty claim if the same performance complaint continues.
- Express warranty coverage and implied-warranty protections can both matter in a case involving a new consumer boat.
- When the finance contract was assigned, the finance side of the transaction can also become part of the dispute, depending on the claims involved.
In a case built around repeated unsuccessful repair attempts, the most important forms of relief often focus on getting out of the deal through a buyback (repurchase) or recovering money tied to the ownership burden through reimbursement of related expenses.
Depending on the warranty theory and case posture, some consumers also evaluate a replacement vehicle. California law may also allow recovery of attorneys’ fees and costs when the claim is successful.
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To explore California Lemon Law remedies that may be available, start with these pages:
California Lemon Law – Common Questions
What speed and power complaints were documented in this 2018 Harris Cruiser 220 case?
The main documented issue was that the boat allegedly did not run as fast as it used to. The service history and case summary focused on reduced speed, power loss, and a continuing performance dispute that led to repeated testing and return visits.
What if the dealer says the boat operates as designed?
That kind of response can become a major part of the dispute. Here, the dealer recorded that the boat operated as designed during one lake test, and a later Mercury-related diagnostic also concluded the engine performed as designed, yet the owners continued to report the same low-speed problem.
What did the later prop change accomplish?
The later service write-up said the new prop did not make much change. The shop then removed vent plugs, refit the old prop, and documented top speed at 30 MPH at 5600 RPM.
Can a new consumer boat qualify for California warranty-based relief?
It can, depending on the warranty coverage, the nature of the problem, and how the seller or manufacturer responded after repair opportunities. Cases like this usually turn on the repair history, the persistence of the problem, and whether a clear lasting fix was ever documented.
Does a finance company matter in a California boat warranty case?
It can. When the sale contract is assigned to a finance company, holder-related theories may become part of the case depending on the transaction documents and the claims involved.
Next Steps
If your vehicle is having issues of its own, start by gathering the documents that show what happened and how the dealer or manufacturer responded. In a case like this, the most useful proof usually includes the sale paperwork, warranty documents, every repair invoice, and the emails or messages that show what the shop or manufacturer said about the problem.
- Collect your purchase contract, finance papers, and any warranty booklet or written warranty materials that came with the boat.
- Save every repair order and invoice, including any visit where the problem was diagnosed on the water or discussed without a formal repair order being opened.
- Keep emails, texts, or messages with dealership staff or manufacturer representatives, especially anything discussing performance testing, stored codes, or statements that the product operated as designed.
- Write down the exact symptoms you experienced, including speed loss, power loss, RPM observations, prop changes, and whether the problem came back after service.
- Set aside receipts or records for related ownership costs if the ongoing problem created extra expense.
Call (888) 536-6628 or start your FREE Case Review — we’ll review your repair history and documents and explain next steps under California law.
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