andy_wilson
Well-Known Member
Soooo...
Having been a professional boat buyer for about 5 years, and having moved down the housing market to extract equity, a friend (yer a FRIEND, not me!) has bought a rather nice trawler style TSDY in Mallorca.
Survey revealed minor blistering but nothing to worry too much about, and a deal was struck after the ensuing negotiation with the former owner, a German.
Meanwhile engine works started 6 months earlier were approaching completion, under the instruction of the former owner, who assured he would be paying for this. Engineer points out to buyer that debt goes with vessel if unpaid.
Bill of sale competed, and contract stated that the boat was his (the Germans) to sell, and free of any debts or charges. Buyer is English, and broker (and transaction) Spanish.
So we are all off for a jolly between Christmas and New Year when same friend gets a FAX from (English) engineer in Spain advising that as 14,000 Euros bill for engine works has not been settled, intention is to arrest ship, and therefore she must not be moved, used or occupied!
Yes the contract said no debts, yes vendor assured cost of this work would be covered, yes he presented them with a couple of bottles of Champooh, yes he showed them over her and handed over and no he hasn't stood the debt, at least yet.
Soooo..
Anyone know any good lawyers in the UK or Spain (Malloca) with a grasp of the relevant Maritime Laws, Contract Laws, Lien and Arrest etc. so my buddy can extract himself from this situation.
As ultimately it seems the the local engineers don't need to worry too much about chasing the previous encumbent, also any advice for a Brit. in enforcing contract terms entered into by a German under a Spanish contract.
At least I can offer a good English / German interpretor!
Having been a professional boat buyer for about 5 years, and having moved down the housing market to extract equity, a friend (yer a FRIEND, not me!) has bought a rather nice trawler style TSDY in Mallorca.
Survey revealed minor blistering but nothing to worry too much about, and a deal was struck after the ensuing negotiation with the former owner, a German.
Meanwhile engine works started 6 months earlier were approaching completion, under the instruction of the former owner, who assured he would be paying for this. Engineer points out to buyer that debt goes with vessel if unpaid.
Bill of sale competed, and contract stated that the boat was his (the Germans) to sell, and free of any debts or charges. Buyer is English, and broker (and transaction) Spanish.
So we are all off for a jolly between Christmas and New Year when same friend gets a FAX from (English) engineer in Spain advising that as 14,000 Euros bill for engine works has not been settled, intention is to arrest ship, and therefore she must not be moved, used or occupied!
Yes the contract said no debts, yes vendor assured cost of this work would be covered, yes he presented them with a couple of bottles of Champooh, yes he showed them over her and handed over and no he hasn't stood the debt, at least yet.
Soooo..
Anyone know any good lawyers in the UK or Spain (Malloca) with a grasp of the relevant Maritime Laws, Contract Laws, Lien and Arrest etc. so my buddy can extract himself from this situation.
As ultimately it seems the the local engineers don't need to worry too much about chasing the previous encumbent, also any advice for a Brit. in enforcing contract terms entered into by a German under a Spanish contract.
At least I can offer a good English / German interpretor!
