Boatyard won’t release boat

[Tranona]

The claim that's it's all perfectly simple and covered by the contract seems to have faded away a bit, hasn't it?

Not at all. In the absence of new information from the OP it is still the case that the contract as described by the OP is simple. Either the conditions are met (the seller pays the bills, the buyer is satisfied with the boat and pays the final balance) or one party defaults - most likely the seller as the buyer cannot meet his condition until the seller meets his. Last word from the OP was that he believed the seller would not default.

Anything else is speculation - like the vast majority of the posts in this thread.

 

[Mark-1]

My speculation is the OP is absent because he's out sailing his new boat in the sunshine with a big grin on his face.

It was never in anyone's interest for this sale to fail.

 

[Tranona]

You may be right, although from what the OP said (rather than what others have guessed) the boat was not in a sailaway condition (hence the 10% retention) and that he now intended loading it onto a lorry to take elsewhere. It was trying to arrange that with the yard which brought up the issue of unpaid bills.

Only the OP can tell us more, but perhaps he has sensibly decided to get a life.

 

[Refueler]

You may be right, although from what the OP said (rather than what others have guessed) the boat was not in a sailaway condition (hence the 10% retention) and that he now intended loading it onto a lorry to take elsewhere. It was trying to arrange that with the yard which brought up the issue of unpaid bills.

Only the OP can tell us more, but perhaps he has sensibly decided to get a life.

"sailaway condition" ... cannot see anywhere that was said ... what I remember is that OP said he wanted to check once launched if any matters to sort. The 10% retention was agreed based on that.

"now intended loading it onto a lorry to take elsewhere. It was trying to arrange that with the yard which brought up the issue of unpaid bills" ... mm correct me if wrong - but I seem to recall that Yard refused to LAUNCH the boat because of unpaid bills .. the trucking was a later amendment ...

 

[Tranona]

If a boat needs work (by the seller) before it is launched and money is retained to check that has been done then the boat (at the time of the contract) then it is clearly not in sailaway condition. You are right that the trucking was a later development.

However, all that is irrelevant in terms of the contract. In the absence of any further information the seller has to carry out the work to the buyer's satisfaction, settle the bills with the yard and the buyer pay the 10% to give effect to the Bill of Sale and title passes to the buyer.

Already said that in post 261 and nitpicking about terminology that does not alter the actions required by the parties to complete the contract does not change anything.

 

[Refueler]

If a boat needs work (by the seller) before it is launched and money is retained to check that has been done then the boat (at the time of the contract) then it is clearly not in sailaway condition. You are right that the trucking was a later development.

However, all that is irrelevant in terms of the contract. In the absence of any further information the seller has to carry out the work to the buyer's satisfaction, settle the bills with the yard and the buyer pay the 10% to give effect to the Bill of Sale and title passes to the buyer.

Already said that in post 261 and nitpicking about terminology that does not alter the actions required by the parties to complete the contract does not change anything.

Sorry - nitpicking it may be ... but where does it say : "If a boat needs work (by the seller) before it is launched " ?????

As I read it - Buyer was just being over cautious and wanted to check out the boat on launching ... I didn't see any mention of work done. Correct me if wrong ...

"Sailaway condition' ?? bit of a wishy washy definition ....

 

[penberth3]

Sorry - nitpicking it may be ... but where does it say : "If a boat needs work (by the seller) before it is launched " ?????

As I read it - Buyer was just being over cautious and wanted to check out the boat on launching ... I didn't see any mention of work done. Correct me if wrong ...

"Sailaway condition' ?? bit of a wishy washy definition ....

You are nit-picking. None of that is relevant to the original problem.

 

[Refueler]

You are nit-picking. None of that is relevant to the original problem.

Yes - but making false statements is ALSO not helping ...

Like all threads - they wander and then the original info gets twisted and affects further reponses ... all you have to do is read through the crap that fills so many posts here !!

Nitpicking it may be - but OP said XXXX ... not YYYYY ..... just trying to get it back on track.

 

[Irish Rover]

I love it. Not a dicky bird from the OP for 12 days even though he's been on the forum regularly and in the meantime the boys are at it hammer and tongs to the tune of some 120 posts.

 

[Caraway]

It's like an auction. As long as you get two punters it can carry on for days.

 

[JumbleDuck]

Not at all. In the absence of new information from the OP it is still the case that the contract as described by the OP is simple.

Ah yes, the verbal contract which says that the seller will pay some bills but doesn't specify who owns the boat when he does so, and that the seller will withhold some money until a sea trial, or launching, or loading onto a lorry, or something. Childishly simple.

 

[Tranona]

Yes - but making false statements is ALSO not helping ...

Like all threads - they wander and then the original info gets twisted and affects further reponses ... all you have to do is read through the crap that fills so many posts here !!

Nitpicking it may be - but OP said XXXX ... not YYYYY ..... just trying to get it back on track.

Oh, for goodness sake!

Just read post#6 from the OP. Everything you need to know about the terms and conditions of the contract are there.

Boat needed work including AF - so not in "sailaway" condition. 10% held back payable on successful launch and no issue found

Seller agreed to pay all yard costs until that date

The work is now complete (post#6) and buyer is presumably happy with that such that he wants to take it away by road.

Nothing is needed to get this "back on track"

Nothing material has changed since post#6 in respect of the contract and only the OP can tell us any different.

Threads like this wander because people either don't understand the basic law of contract or because they want to imagine all sorts of scenarios that might occur - but have not.

The only legitimate side issue was the rights of the yard to retain the boat if the bills are not paid. However that only becomes an issue if one of the parties does not meet their side of the contract.

 

[penberth3]

Oh, for goodness sake!

Just read post#6 from the OP. Everything you need to know about the terms and conditions of the contract are there.

Boat needed work including AF - so not in "sailaway" condition. 10% held back payable on successful launch and no issue found........

The only legitimate side issue was the rights of the yard to retain the boat if the bills are not paid. However that only becomes an issue if one of the parties does not meet their side of the contract.

You haven't mentioned the outstanding bill which the buyer didn't know about. Apparently a significant sum, that is/was the main problem.

 

[DownWest]

You haven't mentioned the outstanding bill which the buyer didn't know about. Apparently a significant sum, that is/was the main problem.

Well yes.. But the conditions were that the seller covered the yard costs until the trial sail?
OP needs to come back and clarify.

 

[Refueler]

This thread reminds me of Chinese Whispers ....................

Me ? I'm waiting to hear OP's final on it all .... hopefully a successful conclusion.

 

[JumbleDuck]

Oh, for goodness sake!

Just read post#6 from the OP. Everything you need to know about the terms and conditions of the contract are there.

If the OP is right. I am impressed at your level of understanding of a contract which none of us knows in any detail. And it has all gone so swimmingly hasn't it? No money, no launch and nobody even knows who owns the boat.

Perhaps trying to apply an imagined simple contract to a complicated situation is not ideal. Whoulda thunkit? And that's before considering just how and where and at what expense the term of this nice, simple (and imaginary) contract are to be enforced ...

 

[JumbleDuck]

Well yes.. But the conditions were that the seller covered the yard costs until the trial sail?
OP needs to come back and clarify.

No, the seller covered yard costs until work was finished and the buyer withheld money until a successful trial sail.

 

[Refueler]

Chinese Whispers ...............

 

[penberth3]

Well yes.. But the conditions were that the seller covered the yard costs until the trial sail?
OP needs to come back and clarify.

No, you've misunderstood. Seller to cover yard costs from provisional sale to handover. That doesn't include the outstanding debt, which the buyer didn't know about. Suddenly an extra few thousand ££ entered the equation.

 

[SaltIre]

It's like an auction. As long as you get two punters it can carry on for days.

How much longer do you hope to keep the car crash thread going?