Legal advice

skenn_ie

Well-Known Member
Joined
23 Apr 2007
Messages
96
Location
Co Dublin
Visit site
Please advise ... is rent usually charged from date of contract, or completion ? I paid a deposit and signed a contract about 3 months before completing the purchase of my boat, and have been charged mooring fees from the date of contract.
Thanks-in-advance
Shane
 
Did you sign a contract to rent the mooring from the future date of completing the purchase of the boat, or from the date of the contract.....

This might be one of those situations where you have to admit that you should have read what you were signing, and/or made absolutely clear to the marina/whatever, exactly what you wanted.

Assuming that the contract makes you liable, this is a situation where, if it had been me, I would be calling myself a stupid [--word removed--] who should have known better.

which I did to the tune of around a couple of grand not a few weeks ago!!
 
I suppose i should have asked if the other party to the mooring contract are the same as, or connected to, the party selling the boat.

e.g. the boat salesman says "dont worry, we'll sort you a mooring out for the boat - sign here"

buyer says" that's a relief, have you got a pen"

or salesman says "dont worry, Joe over the way will sort you a mooring out... nip over once we've done the boat paperwork"

buyer goes to see Joe "Bill said you can sort a mooring for when I get the new boat"

and so on....
 
from completion, unless you agreed otherwise eg. in the contract.
 
I don't have the contract to hand, but I did read it, and don't remember any reference to moorings, charges or otherwise.
The yard renting the mooring/s, are the same company as the ones I bought the boat from. They(the yard) do have a reputation for "rip-off", whether the current regime deserves it or not, I haven't yet decided.
 
When we were in the same position, I checked and was told that our liability started at the instant of completion. At the same instant, title transferred and our insurance came into force. We had an entirely new and separate account with the marina, just as if we had sailed in that day. The previous owner presumably sorted out his account as the marina wouldn't have let the boat go otherwise?

Three months is a long time between deposit and completion though I do know that it happens quite often.

If I was selling my boat and the buyer needed time to raise the money (which is the usual delay) I would expect the buyer to agree to pay marina costs, the cost of insurance and other incidentals during that period. Of course he might refuse, but that's where I would start from. I certainly wouldn't expect the buyer to pay the marina unless he'd agreed to do that, of course.
 
Looks like you have a contract for the purchase of the boat, and no contract for the mooring.

presumably it's a second hand boat ... were the yard brokers, or was it their boat? if there was a previous owner, you could ask him/her whats going on, in the nicest way.

I would double check the contract then ask them why you are being charged for a period when it wasnt your boat and, if they dont back down immediately, acknowledging a mistake or something, ask where you agreed to pay for a mooring for a boat that wasnt yours.

Can you remove the boat without going through a lock or bridge or something... if so, I would probably get the hell out of there, pay what you believe you owe, and let them take you to court for the 3 months you dont believe you owe.

The latter is a judgement call - if they are likely to take the law into their own hands, you might choose to pay up and put it down to experience.

Whatever happens, if you dont get a satisfactory result, I think you should name names, even if only to ensure that anyone else dealing with them finds out what the deal is on everything upfront.
 
I'd have a word with them. aybe they will knock something off.

The trouble is here, no one tells the full story first time round.

Look like you had two contracts. One to buy the boat and another for the mooring. Moorings would normally start from the date you signed. Maybe they have two departments. One selling boats and one renting space. Maybe there not joined up.
 
Top