Boatyard won’t release boat

(If the wording has been altered it's a legal minefield because bills of sale are legal documents defined by specific legislation)
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Please show the specific Legislation that an RYA Bill of sale comes under and is upheld by.

The RYA Bill of Sale is a document offered to be used to set out a sale and to cover most items. It is a document to assist in formulating a sensible transaction.
It is not a document defined or written by anyone other than RYA persons with advise from their Legal Dept.

The Legalising aspect is not the wording - but the putting of signatures to it by the two parties involved. It can also be connected to and / or subject to an agreed contract between the two parties affecting its actual implementation date.
 
Poignard said:
Do you think I don't know that?

JumbleDuck, in post #181, referred to an apocryphal saying attributed to Sam Goldwyn. I deliberately misquoted it for humorous effect, ie I made a joke.

Sorry you didn't get it. Next time I will try to remember to add a few grinning emojis to give you a clue.
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I was not trying to be rude and your post did not read as a 'joke' ... sorry.

Given some of the posts in this thread - your 'joke' is nowhere near as laughable as some of them ! ;)
 
Refueler said:
Actually not quite true.

If the Verbal Contract is given with witnesses or the parties involved confirm to others the existence of such agreement - then it can be pursued as binding.
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Mark-1 said:
I can understand why both parties would be a bit jumpy but there really is no reason to think this will blow up in either's face.

We all buy/sell stuff on eBay - that could go wrong yet it usually works fine. I've bought stuff/sold stuff on forums that have involved me trusting a stranger with a few hundred quid and vice versa.

Most people are basically honest. In this case I'm pretty sure both parties have the other's address.

Sooner or later we'll all get stung, but most likely this time won't be the OP's turn. Apart from anything else the Seller has every motive to pay the yard fees - if he doesn't his boat is going to be unsold and he'll have someone chasing him through the courts.

(Having said all that the whole idea of 10pc of the value of the boat being determined after the sale seems almost designed to create a "It needs this job done" "No it doesn't " argument. Would have been much simpler to share the risk and knock 5pc off the price.)
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An interesting point of view
 
Refueler said:
Actually not quite true.

If the Verbal Contract is given with witnesses or the parties involved confirm to others the existence of such agreement - then it can be pursued as binding.
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actually not fully correct... a verbal contract is binding just like a written contract(subject to some exceptions sale of land etc) the problem with a verbal contract is often an evidential issue.

Pernod Ricard enforced a multimillion euro oral contract in their takeover of Irish Distillers...
 
Refueler said:
Please show the specific Legislation that an RYA Bill of sale comes under and is upheld by.

The RYA Bill of Sale is a document offered to be used to set out a sale and to cover most items. It is a document to assist in formulating a sensible transaction.
It is not a document defined or written by anyone other than RYA persons with advise from their Legal Dept.

The Legalising aspect is not the wording - but the putting of signatures to it by the two parties involved. It can also be connected to and / or subject to an agreed contract between the two parties affecting its actual implementation date.
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Common Law*, the Bills of Sale Act 1878 and the Bills of Sale Act (1878) Amendment Act 1882 which are both still on the statute books (principally for this propose common law, the two acts added to common law but were mostly concerned with securities)

* Fair enough, Common Law is not legislation but it is the law

The precise wording of a particular bill of sale is not legally defined as such so in practical terms you're right that the wording on an RYA Bill of Sale form is what legal experts have advised. It's a moot point

Which takes us back full circle to my points - altering the wording without legal advice could open a can of worms and if the wording has not been altered the OP legally owns the boat (or the shares in it stated in the BoS)

The critical point being that i suspect the seller is going to continue to make promises he doesn't keep. He's got 90% of the sale price and he's walked away from a marina bill that appears to be significantly more than the outstanding 10%. He's thus up on the deal and has no incentive to make good on his promises

He may yet do so but IMO the OP would be making a mistake to rely on that

So again IMO the question of ownership is absolutely crucial. If the OP does legally own the boat, he needs to get the ball moving on recovering his property which (again if he's the owner) the marina is illegally obstructing

We've all waffled on ad nauseam as we do (that's all part of the fun) but it's time to get to the crux of the matter as far as the OP is concerned
 
Mark-1 said:
Pedantry, is always welcome but I can find both spellings online.

If I've got it wrong that's probably a useful reminder to readers that I have no relevant knowledge or qualification in this stuff, I'm just spouting my guesses and speculation as fast as I can type. ?
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I used toknow a girl called Leeanne?
 
Wife used to run the accounts at a marina / boatyard, her comment was read the small print in the contracts.

She would have been happy for either party to pay the yard bills, but she would have been into small claims before now. Also is the yard due a commission on the private boat sale in the boatyard ?

Brian
 
pvb said:
That's not enforceable, it's an unfair contract term.
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Pye_End said:
I think this went through the courts a few years ago and was considered unenforceable.
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Indeed and the British Marine Industries Federation has repeatedly told its members and advised non-members to remove such clauses from their berthing contracts
 
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