Buying an unused/unpaid fee, yacht from a boat yard

[monkfish24]

With the boat out of the water in the boatyard, my Father and I always like to take a look around at other boats just to see what ideas could be taken off other boats and used on ours.

Tucked away in the corner is a Westerly Griffon which looks like it has been sat there for quite a few years, unloved and untouched with just a bit of antifouling scraped off. It has mould growing over the topsides and a rather sorry looking sailcover over the boom.

If the boatyard aren't receiving payment for storage, lost contact with the owner(s) etc, what are the rules/law, if any, on purchasing the yacht from the boatyard so they can reclaim their money. Any one gone through this way of buying a boat? Is there anyway of finding the owners from an SSR No.?

 

[Cerddinen]

I have seen boats in the yard I use with notices from the yard warning that they would dispose of the boat if fees were not paid. The yard does have the right to do this (under the Sale of Goods Ac?), so you would need to contact them and clarify the position. Perhaps your offer to buy the boat may hasten action.

 

[oldharry]

I have seen boats in the yard I use with notices from the yard warning that they would dispose of the boat if fees were not paid. The yard does have the right to do this (under the Sale of Goods Ac?), so you would need to contact them and clarify the position. Perhaps your offer to buy the boat may hasten action.

Dont think its the Sale of Goods act, but there are various things the yard can do. The preferred one is to 'persuade' the defaulting owner to voluntarily pass title of the boat to them so that they can sell it against what is owed. They can apply to the Small Claims Court indicating that they will accept the boat in settlement of the outstanding amount. Or they can obtain a Court Order seizing the boat in lieu of payment.

And yes, having someone interested in the boat will expedite matters very considerably, as the Yard then knows they dont have the hassle of finding a buyer for the 'derelict'. The problem for most yards if they seize defaulters boats, is that they simply end up with a string of negelcted and unsaleable derelicts, taking up valuable storage space, often worth a good deal less than the money that is owing on them, and which they may eventually have to pay out to dispose of. So if you go along cheque book in hand they are likely to be very interested in getting a deal ASAP by one means or another. IF the owner is defaulting in the first place, and not just too busy/unwell to use it at present.

 

[Rowana]

{snip}
Tucked away in the corner is a Westerly Griffon which looks like it has been sat there for quite a few years, unloved and untouched with just a bit of antifouling scraped off. It has mould growing over the topsides and a rather sorry looking sailcover over the boom.
{snip}

I'd be very careful about boats just sitting there. I know of one that has sat in the same place for many years, and looks exactly in the condition you describe. When I questioned the marina management, I was told that the fees are paid regularly, but the owner has only been seen about 3 times in 15 years! Why he pays fees each year for something that he never uses, completely baffles me!

Perhaps it is like a story that was once told to me in a club bar. The story goes that there was an old boat just lying there unused and unloved, and a chap like youself came along and wanted to buy it and do it up. He got the owners phone number from the yard, and when he phoned, he got the owners wife. When he tentavely asked if her husband might consider selling his boat, the answer was along he lines of, "Certainly not. He loves his boat, and goes there every weekend." Where this guy was going every weekend is not clear, but he certainly wasn't going to his boat!

Tread carefully!

 

[fergie_mac66]

I'd be very careful about boats just sitting there. I know of one that has sat in the same place for many years, and looks exactly in the condition you describe. When I questioned the marina management, I was told that the fees are paid regularly, but the owner has only been seen about 3 times in 15 years! Why he pays fees each year for something that he never uses, completely baffles me!

Perhaps it is like a story that was once told to me in a club bar. The story goes that there was an old boat just lying there unused and unloved, and a chap like youself came along and wanted to buy it and do it up. He got the owners phone number from the yard, and when he phoned, he got the owners wife. When he tentavely asked if her husband might consider selling his boat, the answer was along he lines of, "Certainly not. He loves his boat, and goes there every weekend." Where this guy was going every weekend is not clear, but he certainly wasn't going to his boat!

Tread carefully!

I remember someone on a thread which one ? about 2 weeks ago ... in the med .. he said it was on the hard somewhere he hadnt been back for 7 years (hes fees were paid! ) he was planning on putting it in the water over the nxt year !!

 

[Marmalade]

May depend on the nature of the contract with the boatyard for storeage. If the contract allows the boatyard to seize goods in lieu of debt they may be able to exercise their right and sell the boat to you.

Not sure if a small claims court could achieve the same if a contractual term doesn't exist.

At the sailing club to which I belong we regularly (once, sometimes twice a year) exercise our powers to dispose of abandoned boats whose owners have stopped paying subs and winter storeage fees. We are required by our own rules to post notices publicly to give the owner every chance to cough up but then we take possession and sell the boat.

 

[PetiteFleur]

I bought a boat a few years ago from a boatyard which was being sold by the yard to offset charges - I gather the owner had fallen on hard times. The notice on the boat said 'Best offer etc etc but must be in my midday the following day' Had a good look round that day(the yard office was shut) then the next day got the key and put a realistic offer in and got it. I had a round figure in mind, added £150 more and got it. When I actually paid for it a few days later, the owner had been round and left all the bits not on board, battery, instruments, vhf etc etc. It was a bargain at the price I paid.

At the same yard there is also a boat that has obviously not been looked at or used for years, in fact the yard had moved it into a corner, but when I also made tentative enquiries the yard said that the storage fees were always paid promptly and the owner didn't want to sell it.

 

[mtb]

depends on the contract

The contract between the owner and the yard
Most state what happens, if a boat is sold by a yard as far as I'm aware it has to be market value any amount left after debt and cost's is sposed to be paid to the owner.

I have brought a few boats like this and once, nearly came unstuck because I was to hasty to hand over the cash to the owner, I was lucky the guy coughed up nearly 2k in owed fees, or I would have had to pay that because quite rightley no yard will let the boat go untill bills been paid

Another time a yard had gone through the courts to get their money, I paid the total owed and cost's, and was very happy as were the yard as I kept it there for over a year with fees paid

Lesson is GET YARD INVOLVED HOW MUCH IN ARREARS AND COPY OF CONTRACT TO PROVE OWNERSHIP !

Cheers
Mick

 

[clyst]

With the boat out of the water in the boatyard, my Father and I always like to take a look around at other boats just to see what ideas could be taken off other boats and used on ours.

Tucked away in the corner is a Westerly Griffon which looks like it has been sat there for quite a few years, unloved and untouched with just a bit of antifouling scraped off. It has mould growing over the topsides and a rather sorry looking sailcover over the boom.

If the boatyard aren't receiving payment for storage, lost contact with the owner(s) etc, what are the rules/law, if any, on purchasing the yacht from the boatyard so they can reclaim their money. Any one gone through this way of buying a boat? Is there anyway of finding the owners from an SSR No.?

Hi Monky I think I know the boat in question . Every man and his dog has enquired about purchasing it . BTW presume its in BOATING WORLD

 

[Tranona]

If you are going to try and buy it then you have to find who is the legal owner. Even if the storage charges have not been paid it still belongs to the owner. The boatyard has to apply to the court to gain ownership in lieu of unpaid fees. If it does this it can sell the boat. Often yards are reluctant to do this as not only does it cost them ;egal fees, but they may judge it better to try and recover their storage costs from the owner than get involved in selling the boat.

Speak to the manager of the yard to get the story.

 

[SAWDOC]

With the boat out of the water in the boatyard, my Father and I always like to take a look around at other boats just to see what ideas could be taken off other boats and used on ours.

Tucked away in the corner is a Westerly Griffon which looks like it has been sat there for quite a few years, unloved and untouched with just a bit of antifouling scraped off. It has mould growing over the topsides and a rather sorry looking sailcover over the boom.

If the boatyard aren't receiving payment for storage, lost contact with the owner(s) etc, what are the rules/law, if any, on purchasing the yacht from the boatyard so they can reclaim their money. Any one gone through this way of buying a boat? Is there anyway of finding the owners from an SSR No.?

I would be happier proceeding knowing that the former owner was not now the disgruntled former owner missing his boat!

 

[monkfish24]

Hi Monky I think I know the boat in question . Every man and his dog has enquired about purchasing it . BTW presume its in BOATING WORLD

Yeah thats the one, glad I'm not the only person who hates seeing boats as good as that being left unloved. There are a few there that I would love to do up. Including, dare I say it, a very large mobo at the back.

 

[TamarMike]

Yeah thats the one, glad I'm not the only person who hates seeing boats as good as that being left unloved. There are a few there that I would love to do up. Including, dare I say it, a very large mobo at the back.

How about the ones in the bushes below the access road on the way in

 

[clyst]

Yeah thats the one, glad I'm not the only person who hates seeing boats as good as that being left unloved. There are a few there that I would love to do up. Including, dare I say it, a very large mobo at the back.

Hi Do you mean the dark red one or the one under cover at the back of the storage area ?? I must admit I'v drooled over the dark red one .!!

 

[Poignard]

The notice on the boat said 'Best offer etc etc but must be in my midday the following day' Had a good look round that day(the yard office was shut) then the next day got the key and put a realistic offer in and got it. I had a round figure in mind, added £150 more and got it. When I actually paid for it a few days later, the owner had been round and left all the bits not on board, battery, instruments, vhf etc etc. It was a bargain at the price I paid.

Seems he was a better man than the owner of a nice old wooden fishing boat that was laid up ashore behind my boat in a Gosport yard about 12 years ago. The storage charges were not paid and the boatyard served notice on the owner that they have to sell the boat to recover what was owed them.

The owner let himself into the yard the following weekend, when all the staff were away, and hacked off everything he could - bronze deck fittings, wheel, windlass, instruments etc. and smashed what he couldn't remove, leaving the boat a worthless wreck that had to be burned by the yard.

 

[cliffordpope]

Don't forget to check that the yard will be happy to let YOU keep the derelict boat there while you rebuild it.

 

[monkfish24]

How about the ones in the bushes below the access road on the way in

There's quite a few nice little moulds there for some dinghies and mobo's actually, they are planning on using them i think last time i heard.

Hi Do you mean the dark red one or the one under cover at the back of the storage area ?? I must admit I'v drooled over the dark red one .!!

The big red dark one at the back, it's HUUUUGE i can't work out how they either got it down the lane or up the river. very cautiously i'd expect.

 

[lw395]

These things often end up auctioned, ebay or elsewhere.
The yard has some sort of duty to get a fair price and return any change to the owner.

However one yard owner I know will eventually take all the salvage off and 'smunch it up with the forklift' when he needs the space and it has no great value.

 

[cgull]

Theres a lot of boats like that in Boating World!

 

[PeterGibbs]

With the boat out of the water in the boatyard, my Father and I always like to take a look around at other boats just to see what ideas could be taken off other boats and used on ours.

Tucked away in the corner is a Westerly Griffon which looks like it has been sat there for quite a few years, unloved and untouched with just a bit of antifouling scraped off. It has mould growing over the topsides and a rather sorry looking sailcover over the boom.

If the boatyard aren't receiving payment for storage, lost contact with the owner(s) etc, what are the rules/law, if any, on purchasing the yacht from the boatyard so they can reclaim their money. Any one gone through this way of buying a boat? Is there anyway of finding the owners from an SSR No.?

Unless the yard has seized the vessel for non-payment and can demonstrate it is now in their possession to sell, you have no possibility of taking the boat, it remains the property of the last owner- even if he were too infirm to do anything with the boat. On his death the boat is treated as part of the estate, and the executors can then put it up for sale, once probate has been granted. What state might it be in then?

PWG