Legal advice 2

muchy_

muchy_

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Stalham, Norfolk (boat)
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Hi all, thanks for the many replies even if some were a little aggressive.
I don't think I explained our reasons for not wanting the moorings very well. My wife has a back condition that causes her great pain if she has to walk any distance and it was only on Monday that we recieved the results of her MRI scan that showed certain conditions that are only going to get worse and I'm concerned for her long term health. Thats the reason we can't take the moorings because we may end up with quite a walk because of the parking facilities. We did not have this scan information on Saturday when we looked at the moorings. As for signing a contract, it was a piece of paper with the boat details on it and no legal jargon as far as I can remember. It was also last years copy, filled out in my name but signed by my wife.
I'm not trying to rip anyone off or go back on any agreements for no good reason, this is my wifes health and that comes before anything. It's just that under the circumstances I have no choice.

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Think I'd write explaining this (sounds like you already did?) perhaps offering to pay v.small amount expenses incurred?, cancel the cheque so it's not you who has to fight for the money, then wait & see.

Small claims track not exactly frightening/expensive even if the guy does pursue that route- you just explain your side of things, point out the short delay/good reason/no expense incurred by plaintiff/you offered some amount for his trouble? & hope you win.

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Hi Michael
You have My sympathy, My good Lady also suffers with her back.Choosing our mooring albeit in the Marina was an important issue, I explained the circumstances to the office staff ,and they made every effort to locate us to a suitable mooring with parking facilities, and then when something better came along, they asked us if we would like to move as it would be more convienient for us. I guess not all Marinas are as accomodating!!!!

Good luck

Julian

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I commented on the PBO forum and I would also express my my condolences to your partner regarding her health. I must. However, reiterate, what was being sold was what you bought. It was a private sale and the vendor would expect you to have been satisified with what he was selling for you to hand over a cheque. The condition of the mooring and it's location must have been accepted by you when you carried out this business transactions. What hand fate retrospectively deals us is not the vendors concern. As stated if it "does what it says it does on the tin" then you you cannot argue and you should now try and sell it on.
Once again, I hope your partner has a speedy recovery.
Kind regards.

Peter.

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Sorry to hear of your partners problems, but to be fair to the vendor it's not his problem. I don't mean this to sound harsh but you have effectively entered into a contract with him. Maybe you can persuade him to change his mind, maybe not.

However if you can't you now have a mooring which you don't now want. Why not sell it to someone else to recoup what you've paid, maybe even make a profit? If you wanted it then presumably there must be others who will also be prepared to buy it?

So what's to stop you selling it on?

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Hi Michael - I'm with Andy on this. Legally you shouldn't back out, but you could request a reasonable resolution from the vendor and reimburse his "reasonable" expenses. I would do this right now on the phone, and follow it up today in writing, or better by fax, and if he responds in an "unreasonable" manner, then cancel the cheque and let him take you to a small claims court. If it was deemed that you acted reasonably throughout, you may get away with it. As most have said on here, your problems are not his. I know that sounds harsh, but thats the reality.

I do wish you and your wife all the best.

<hr width=100% size=1>Madoc Yacht Club
<A target="_blank" HREF=http://www.madocyachtclub.co.uk>http://www.madocyachtclub.co.uk</A>
 
Hi,
I had a spine op in 1995 (courtesy of Durham County Ambulance Service).

I can understand your predicament, but didnt you not think about the mobility problem before you signed??

Good luck with everything

Trazie

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Sorry to hear of your good ladys illness,
Ive got mixed views on this one now Ive read your post, I would sell the mooring on hopefully for a profit. However I dont know your circumstances, The vender is still in the right, unfortunatly as others have said your problems are not his. Stopping cheques is not a good idea, after all youve not bought shoddy goods or been turned over in any way. You dont need the agg of being dragged through small claims courts (very time consuming ) sounds like you have got enough problems with your wife's iliness without adding to them. If you cant reason with the vendor then just sell the mooring on. Its not worth getting a bad name over.
Wishing you and your wife well.........Nat

<hr width=100% size=1>2655 ! You can tell me, I'm a Docter !
 
I am afraid that I would also advise caution about trying to back out. I fear that the vendor would have an action to recover any damages ref, costs of having to re-advertise etc..

I would have thought that most moorings are marketable given the number of boats being sold without moorings and the waiting list on most non-marina moorings. A lot of boat sales decisions are actually clinched on whether the venodr can pass the mooring with the boat.

Good luck.

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I accept that the vendor believed he had sold this mooring for the year, but whenever I do business I look at the long term. If you Muchy_ has decided he can no longer use the berth accept it and move on and let it to the next person. No point falling out and causing bad feeling. Muchy_ will think far more of you and possible let it in the future if he can and would also recomend you to all his other boat friends.

Instead there seems a great deal of hassle for both parties and nobody wins, Muchy_ did the right thing and as soon as he realised it was not right told the vendor.

Think how many house sales fall through, from personal expereince, no point crying over spilt milk get it back on the market and sell it to somebody who wants it.

All IMHO

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Sorry to hear about your troubles. Which marina? Wouldn't want to get caught out if we decide to move to the northern rivers (assuming you are still there)

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So whats to stop him selling it on ?

I should think that the document which was now evidently signed by the wife would have a list of CONDITIONS OF ALLOCATION and one of these conditions would be that: The mooring cannot be transferred to another person by the licensee.
Also the boat named on the license agreement must be the one put on the mooring else the licensee may void the contract in any case. This is to avoid anybody asking for a mooring for a twenty foot boat and then arriving with a fourty foot yacht.
Evidently the vendor accused licensee of being a time waster, hands up all those that now agree, before you make up your mind also read post on the other forum.
If your wife has back trouble we are naturally all sorry to hear that but its a shame you didn't wait until after she got the consultants results before taking on a mooring.

Take care!
Trevor


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