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  1. #1
    Join Date
    Sep 2015
    Posts
    898

    Default Marina charging a fee after I sold a boat privately

    Hi Ive recently sold a boat privately via personal ads on facebook marketplace. However the marina where I have been keeping the boat have stated that I owe them 10% plus vat. Even though they did nothing in regards of the sale. I didnt even approach them to attempt the sale and just put it on facebook marketplace personally. Is this even legal 🤨🤨🤨🤨

  2. #2
    Join Date
    Sep 2017
    Posts
    1,049

    Default Re: Marina charging a fee after I sold a boat privately

    i think a forum search will save you many s

  3. #3
    Join Date
    May 2001
    Location
    UK East Coast
    Posts
    36,070

    Default Re: Marina charging a fee after I sold a boat privately

    It isn't legal, even if your marina contract specifies it. The courts have ruled that it's an "unfair term" and can't be enforced.

  4. #4
    Join Date
    Aug 2006
    Location
    NE Coast
    Posts
    1,589

    Default Re: Marina charging a fee after I sold a boat privately

    Yes seen this tried before, however as I understand it if you have not advertised the boat through or at the marina they have no legal claim, BUT if you stuck a notice on the boat say in the window 'FOR SALE' they can say you used the facilities to sell your boat,

    Either way agree with others its a rip off by any marina
    Archivist for the Colvic Watson Owners Group

  5. #5
    Join Date
    Sep 2015
    Posts
    898

    Default Re: Marina charging a fee after I sold a boat privately

    Pvb is there a precedent case I can check.

  6. #6
    Join Date
    Sep 2015
    Posts
    898

    Default Re: Marina charging a fee after I sold a boat privately

    Quote Originally Posted by Caer Urfa View Post
    Yes seen this tried before, however as I understand it if you have not advertised the boat through or at the marina they have no legal claim, BUT if you stuck a notice on the boat say in the window 'FOR SALE' they can say you used the facilities to sell your boat,

    Either way agree with others its a rip off by any marina
    No nothing of the sort. Simply marketed on facebook marketplace and the buyer came to view under my arrangement the yard did didlt squat just suppose i have to figure out if i want to use them again

  7. #7
    Join Date
    Sep 2017
    Posts
    1,049

    Default Re: Marina charging a fee after I sold a boat privately

    Quote Originally Posted by thesaintlyone View Post
    Pvb is there a precedent case I can check.
    http://www.ybw.com/forums/showthread...n+private+sale

  8. #8
    Join Date
    May 2007
    Posts
    37,269

    Default Re: Marina charging a fee after I sold a boat privately

    Quote Originally Posted by thesaintlyone View Post
    Hi Ive recently sold a boat privately via personal ads on facebook marketplace. However the marina where I have been keeping the boat have stated that I owe them 10% plus vat. Even though they did nothing in regards of the sale. I didnt even approach them to attempt the sale and just put it on facebook marketplace personally. Is this even legal ��������
    Just to play Devil's Advocate, I presume you used their premises to show the boat to prospective buyers? So they have such people turning, using their car park, using the facilities?
    In the limit, it would degrade the place for other berth holders if too many people were trading in used boats at the marina.
    It would be like living next door to a used car lot.

    10% seems like a very big commission though, unless it's 10% of a small price.
    AIUI, in some marinas, a brokerage pays a stout fee for sole rights to broker boats in that marina.

    It may be significant if you've implied transferring the berth to the new owner or not.

  9. #9
    Join Date
    Oct 2014
    Location
    Keswick, Cumbria
    Posts
    1,843

    Default Re: Marina charging a fee after I sold a boat privately

    Devils advocate away, it doesn't change the fact that it's a sharp practise that they are not entitled to use.

    It's a con on their part.

  10. #10
    Join Date
    May 2007
    Posts
    37,269

    Default Re: Marina charging a fee after I sold a boat privately

    Quote Originally Posted by steve yates View Post
    Devils advocate away, it doesn't change the fact that it's a sharp practise that they are not entitled to use.

    It's a con on their part.
    It's a common condition people sign up to when they don't read the small print of their agreement with the marina.
    Whether it's enforceable or not is likely a matter of whether they can be bothered to pursue it and/or whether it's worth the cost/risk/effort of defending it.

    If the new owner wants the berth and thinks the old owner has already paid, then the new owner will be dragged into the dispute when the marina either sling him out or send him a bill for the rest of the year.

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