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  1. #21
    Join Date
    Nov 2009
    Location
    Southampton
    Posts
    35,422

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

    Quote Originally Posted by Rocksteadee View Post
    Unfortunately the marina claimed their cut from the refund of the berthing fee which had been paid a year in advance
    Did the annual berthing contract allow for early termination? They typically don't, in which case he wasn't entitled to anything at all back. Bit cheeky of the marina to confuse matters by talking about a cut of the sale, but if they gave him a partial refund on an annual contract that didn't provide for it, then he actually came out ahead.

    Pete

  2. #22
    Join Date
    Jul 2011
    Posts
    349

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

    Quote Originally Posted by prv View Post
    Did the annual berthing contract allow for early termination? They typically don't, in which case he wasn't entitled to anything at all back. Bit cheeky of the marina to confuse matters by talking about a cut of the sale, but if they gave him a partial refund on an annual contract that didn't provide for it, then he actually came out ahead.

    Pete
    Don’t know anything about their contract. My contract with the same marina allowed only for refund of full months remaining so I arranged to leave the day before the end of the month thus I only lost one days mooring, which pissed them off

  3. #23
    Join Date
    Apr 2005
    Location
    Shoreham - up the river without a paddle.
    Posts
    1,199

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

    Distafff of this, I just got charged visitors rates for the week or so that I left my new to me boat in Portishead after the Marina refunded to the previous owner the 'paid up until the end of June' mooring fee and put me on visitors rates.

    Fortunately a weather window appeared which made it a no-brainer to leave much sooner than planned or I would have had a really nasty surprise, rather than a merely irritating one.

  4. #24
    Join Date
    Jun 2007
    Location
    Home: North West, Boat: The Clyde
    Posts
    3,564

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

    I spotted a similar clause in a marina contract several years ago. The marina said that it was part of the standard Marine Federation contract.

    At that time I had no intention of selling but in interest of reciprocity I amended the clause to “non-exclusive, no sale, no fee”. They agreed to the amendment. When I eventually sold the boat in question, a deal was brokered by an external business and the tied Broker did not ask for a kick back.

  5. #25
    Join Date
    Jun 2017
    Posts
    574

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

    I bought my boat through a private small ads in YM some years ago. No contact with the marina or resident brokerage. The marina made life as difficult as they could with petty tricks.
    1/ they claimed that the travel hoist was fully booked for the foreeable future so we couldn't haul out for a survey. [we eventually came to a clandestine arrangement with the foreman for an hour while he went to lunch]
    2/ Although the berth was paid for another 4 weeks, they said that it didn't include electricity and came to cut it off while we were aboard.
    3/ Use of the berth did not entitle us to use the toilets and showers, or water.
    4/ If we weren't gone by midnight on the last day we would have to pay for another full year, no option to pay for a daily rate.
    5/ Wanted the full brokerage fee to hand back the spare keys that they held.

  6. #26
    Join Date
    Aug 2007
    Location
    Me Glasgow, boat Kip in winter, Craobh in summer
    Posts
    265

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

    Good morning,
    I happen to have an unrelated letter from my local marina on my desk here, and on the back ate the "British Marine Federation terms of business edition 14 Scotland". I have read all 14 clauses and can find no mention of a claim on brokerage fees.
    Angus

  7. #27
    Join Date
    Nov 2009
    Location
    Home UK Midlands / Boat Croatia
    Posts
    19,407

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

    Quote Originally Posted by Dan Tribe View Post
    3/ Use of the berth did not entitle us to use the toilets and showers, or water.
    That's a very interesting stipulation. My response would be to tell them that I've coincidentally invited a load of my rugby club mates to spend a few nights on the boat with me and the amount of shiss and pit which will shortly be overwhelming the marina will be apocalyptic.

    Richard

  8. #28
    Join Date
    Nov 2007
    Location
    Boat Orwell - Me Norwich
    Posts
    7,870

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

    A lot of guesswork in this thread. Unfortunately, some posters have not read the thread that Old Harry links to. Here is post no. 14 from that thread:

    Quote Originally Posted by Fr J Hackett View Post
    To the best of my knowledge I am the only forumite that has pursued this issue through the Small Claims Court, I have advised others on the details on which to base the action though. Mine was brought against Shotley Marina who after many months of argument eventually conceded two days before the trial. The case is universally regarded as unenforceable, I am aware of one case against a South Coast marina that went to court and was successful the marina did not appeal.
    Posts #2 &3 really sum it up. The clause is a hang over from the small boat yards when boats were on moorings and they effectively acted as brokers rowing prospective purchasers out to the boat, which is why it seems still to be included in East coast marinas and others that have their roots in such operations but today there is no justification and they are trying it on, sometimes successfully.
    (emphasis added)

    There is, I think, an even earlier thread when Fr J Hackett (who at that time had a different forum name I have forgotten) recounted his experience in more detail.

    IIRC:
    - Earlier versions of the BMIF standard contract had this clause in but it is not in the current one. Some marinas have continued to use the clause through either inertia, or the hope that punters would pay up rather than challenge it in court.
    - Marinas can be bloody minded, as some of the tales above recount. Fr. Hackett suspected that, having won his case, he might have had trouble getting another berth at the same marina, and possibly even the other marinas in that same river, but was in any case giving up boating.

  9. #29
    Join Date
    May 2007
    Posts
    37,265

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

    The thing is, the clause is in there, and you have to either pay up, or take your chances on whether the marina will pursue it.
    If the marina pursues it at all, it might be better to actively challenge it, rather than wait for them to start debt collection proceedings. Personally I would take proper advice on how best to challenge it.

  10. #30
    Join Date
    May 2013
    Posts
    414

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

    Quote Originally Posted by RichardS View Post
    That's a very interesting stipulation. My response would be to tell them that I've coincidentally invited a load of my rugby club mates to spend a few nights on the boat with me and the amount of shiss and pit which will shortly be overwhelming the marina will be apocalyptic.

    Richard
    Haha amazing!

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