When Jose Ortega pulled into Broward Motorsports in West Palm Beach with his personal watercraft, he believed he was doing exactly what responsible owners are told to do. He had purchased the watercraft in November 2022, along with a prepaid maintenance plan that cost thousands of dollars.
The pitch was simple and reassuring. Bring it in for service. The dealership would handle the rest. Records would be kept. The asset would be protected.
Nearly three years later, Ortega says he is still making $441 monthly payments on a machine that vanished from the dealership’s property.
According to a lawsuit filed against Broward Motorsports, Ortega dropped off the watercraft in September 2023 for routine service. The facility, located off Okeechobee Boulevard in West Palm Beach, accepted the unit for maintenance. Weeks passed. By October, Ortega says he was told the watercraft was no longer on the property.
The Disappearance and Police Report
At first, he thought there had to be a mistake. He says staff told him they would look into it and call him back. Three days later, he claims, the dealership informed him the watercraft had been stolen. A police report was filed with the Palm Beach County Sheriff’s Office.
That explanation has not ended the financial obligation. Ortega continues to pay the lender because stopping would damage his credit. The watercraft loan remains active. The asset tied to it does not.
His attorney, Robert Gonzalez, filed suit seeking more than $38,000 in damages. The complaint alleges that Broward Motorsports knew or should have known that watercraft stored on its premises were at risk of theft and that the dealership failed to take reasonable precautions to protect customer property.
The case raises a larger issue that many powersports and automotive consumers rarely think about: What actually happens, legally and financially, when an automobile (or watercraft, in this case) disappears from a dealership lot.
Bailment and Dealer Responsibility
In the retail automotive and powersports world, when a customer leaves a vehicle for service, a legal concept known as a bailment is created. The owner temporarily transfers possession, but not ownership, to the business. In most states, that creates a duty of reasonable care.
While the business does not automatically become an insurer of the property. it is generally required to take reasonable steps to safeguard it.
What counts as reasonable can become the central battleground in court. Security cameras, gated storage areas, key control procedures, and overnight storage policies all come under scrutiny.
In Ortega’s case, Gonzalez argues there has been no adequate explanation of how the theft occurred. He says he has not been provided with security footage or a clear account of the circumstances.
A representative for Broward Motorsports declined to provide detailed comment but confirmed that security cameras monitor the area where a theft would have occurred. The representative also stated that the company does not carry a specific insurance policy that would automatically cover a loss like this.
Insurance Gaps and Who Pays the Price
That detail is significant. Contrary to popular belief, dealerships are not universally required to carry broad insurance policies that cover every customer vehicle stored on their premises. Many carry garagekeepers insurance, which can cover customer vehicles in their care.
However, policies vary. Some cover only damage resulting from negligence. Others include broader protection. In some cases, coverage limits, exclusions, or deductibles can complicate claims.
If a business does not have applicable coverage, liability can hinge on proving negligence. Without proof that the dealership failed to exercise reasonable care, recovery may depend on litigation.
Consumers often assume that once a vehicle is dropped off at a franchised dealership or, in this case, large powersports retailer, risk shifts entirely to the business.
In reality, many retail installment contracts require the owner to maintain comprehensive insurance until the loan is satisfied.
That means even if the vehicle is stolen from a dealership, the owner’s personal insurer may be the first line of recovery. If coverage is insufficient or disputed, the financial burden can linger.
Accountability and the Road Ahead
Ortega’s frustration isn’t just about the money but also about accountability. He says he trusted the dealership to maintain and protect his purchase. Instead, he says, he has been left paying for something that no longer exists.
The lawsuit will likely turn on familiar but complex questions. Were reasonable security measures in place? Was there negligence? And who ultimately bears the risk when customer property disappears behind the gates of a commercial lot?
Until those questions are answered in court or through settlement, Ortega remains in a situation that many financed vehicle owners fear but rarely imagine will happen to them. Three years after the alleged theft, he is still writing checks for a watercraft that cannot be found.