Follow on: Marina contract stipulates 1% sales commission.

The trouble with deleting the clause is what happens if the marina owner syas - OK then you can't have a berth? You then leave the clause in and maybe prejudice your case later? Better to ignore it perhaps knowing the marina can't enforce it.

That's a e very easy one - I won't take my boat to that marina!
 
The trouble with deleting the clause is what happens if the marina owner syas - OK then you can't have a berth?
Simples, move the boat; "times is hard" they lose income and the planet, through social media, knows about it resulting in the potential loss of more customers all over a silly clause.
 
I think it's fairly unusual for a boat to come with a marina berth as part of the sale. Sellers will sometimes point out that the current marina has berths available which the new owner might like to rent, but that's not the same thing.

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I think the origin of the charge is fairly clear. It's a hangover from the days when a broker in his office in town couldn't be jumping on the train all the time to go and show buyers over boats personally. So he'd write to the yard for a local man to go and do the honours, and the yards naturally wanted to be compensated for this so added their commission to any sale. Nowadays the broker hops in his Nissan Navara and conducts the viewing in person, and marinas don't get involved.

Pete

You're probably right - but if this is so, how would the marina find out you were selling, if the contract doesn't also require you to tell them? "Dear Marina, I hereby give you the N weeks' notice required under my contract that I will not be requiring my berth any longer. I will be vacating the berth on XX/XX/2013."
"Dear Mrs FG, thank you for your letter. Why don't you require the berth any more?"
"Dear Marina, Mind your own business."
 
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