1% Sales Commission

When we were selling our last boat the Marina (Somewhere in Chi Harbour) tried the same ploy. Mrs Mate asked what they proposed to do for this money. They seemed at first not to have an answer to this question, but after some thought said that they would have the responsibility of handing the boat's keys to prospective purchasers and checking the boat's security.

Mrs Mate who of course must be obeyed, (and who by this time had steam coming out of her ears) told them that we would escort any prospective purchasers over the boat and that since these services were not required, she did not see that they had any right to this charge. She also told them that since this was not in the contract, she would take advice from the RYA.

This had the required effect. With a parting shot of "Well you can't put a "For Sale" sign on the boat" they backed down and when the boat was sold nothing was said.

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Re: What contract

The yard offered a boat storage service and you accepted this offer by instructing them to haul your boat out, therefore a contract exists between you and the yard even in the absence of paper work.

So the question is what contract conditions can be enforced. I would say unless the 1% commission clause was present on any piece of paper you signed or is very prominently positioned in view of customers then you are in the clear.

I think it was a mistake to debate this on the Internet prior to the launch date.

p.s. I am not a legal professional but I once had to pay an expensive commercial lawyer for advice when I nearly committed myself to a business venture even without entering into a written contract.

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I have a terrible admittance to make ;in a recent life I was an estate agent and contracts of engagement and small claims courts were my bread and butter until I sold last year.In essence the court will ask for written evidence--no signature-no case to pay.However ,the acceptance of conditions can imply that all conditions apply unless you can prove otherwise.A judge in the district court will (or so I have found to my cost ) always takes the side of the private defendant ,as long as they appear ! honest ,reasonable,up front and bewildered by nasty business people and agents. From your comments you seem to be well advised by our boating bretheren---------dont pay but appear to be fair.Always have the payment note for the 'other' sums 'in full and final payment for all outstanding sums' then when they cash the cheque the matter becomes final.Most staff just BANK THE CHEQUE without looking at the enclosures.

Happy sailing

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There would only be an encumbrance if the commission charge itself resulted from a proper contract. If the yard immobilized the boat unlawfully they would be liable for damages.

John

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boat arrest

I think they'd be hard pushed to arrest: I'd like to arrest a boat cos his insurers are playing silly games and I was advised that this is equivalent to high court action and don't bother.

Good luck

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Will be able to let you know in a few weeks as have instructed my solicitors to issue a court summons to a boatyard for damages. They are hiding behind their T&C's which I never received, and for work that was never authorised! And to top it off the company has changed hands too! /forums/images/icons/smile.gif

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The contract - which was verbal - was to haul out and store the boat for 3 months. At no time was I shown any terms and conditions, so could not have been aware of other contract terms. So I don't see how they could have a case.

Had I seen the terms, I would not have used the yard, as Premier - where I was afloat for the previous 3 months - do not include such a term, and I could have pulled out there instead. However - I went with the little local suplier - which I always like to support.

As it turned out - the Boat yard Hicked the prices this year, having told me they had had a small increase. Premier - a much better equiped place would have been cheaper!


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Where the hell does the name armybrat come from!!

I will always be fair. Indeed all bills so far have been paid by return of post.

I was really pissed off with this clause as If I had stayed at Southseas (premier) they would not have charged this. Anyway - we will get the boat away today and then tell them!


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No signature no contract is not always the case sadly.

For example, after being provided with a new contract of employment, it is assumed you agree to abide by it if you turn up to work the next day, unfair in my opinion, but that's the way it is.

So with this particular case, it may well boil down to whether the terms and conditions were provided, though this is an opinion not a statement of fact.


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There's a great RYA book called "Buying Your First Sailing Cruiser".

There's advice on this subject. It seems as though even if you have seen the T&Cs, signed the contract etc, there may be a way out. It seems as though all depends where the boat is actually is when the change of ownership occurs. In other words, arrange a mutually acceptible place for the exchange to take place outside of the marina. If it's a case of buyer seller paying for the launch, then add it to the price.

One broker based outside a marina also advised me of this giving me a negotiating point.

Too late for this one perhaps, but worth thinking about for the future.

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