Marina Contracts

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hlb

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As some will know.I got MF moved to Glasson Dock as it's closer to home. Mainly because my legs are knackered and I cant use her.

But another reason was restrictive practices by marinas. Forcing you to only use them or there appointed brokers.

Glasson Dock is a BW marina, so I thought, well BW dont sell boats and there is no Brokerage in Glasson.

So anyway I called in the office today and the manager said. You cant have a for sale sign on your boat.

So then gave my a copy of the T & C's which I brought home, (but still no contract.)

Anyway it says. Only british Waterways can sell my sea boat and even if Some other did sell her, BW still want 6%.

I'm wondering.

1/ Can they legaly do this, or is it restrictive practices?

2/ Do I tell them that I am not agreeing to this and risk getting chucked out?

3/ Ignore it and flog the boat any way I like and not tell them.

Who the hell would look at British Waterways site, to buy a sea boat.:confused:
 
hlb said:
As some will know.I got MF moved to Glasson Dock as it's closer to home. Mainly because my legs are knackered and I cant use her.

But another reason was restrictive practices by marinas. Forcing you to only use them or there appointed brokers.

Glasson Dock is a BW marina, so I thought, well BW dont sell boats and there is no Brokerage in Glasson.

So anyway I called in the office today and the manager said. You cant have a for sale sign on your boat.

So then gave my a copy of the T & C's which I brought home, (but still no contract.)

Anyway it says. Only british Waterways can sell my sea boat and even if Some other did sell her, BW still want 6%.

I'm wondering.

1/ Can they legaly do this, or is it restrictive practices?

2/ Do I tell them that I am not agreeing to this and risk getting chucked out?

3/ Ignore it and flog the boat any way I like and not tell them.

Who the hell would look at British Waterways site, to buy a sea boat.:confused:
Click to expand...

H,

I'm afraid that you will have to sign the contract before they will let you stay and you will have to pay up.

It use to be 1% when the marina was in private hands :)

Some you win some you ............ well you know the rest.

Problem you have is if you advertise with another broker you will still have to pay both parties.

Tom

PS

LS is now in Conwy :)
 
1% is fairly normal and my broker says, he usually pays that out of his commision.

I put " boats for sale" into google and BW did not turn up in the first 11 pages.

I'm not paying them, so the options are.

Dont tell them.

Get them to change the contract. Cant see BW doing that.

Move MF some where else. AGAIN.

I can not think of any one worse than BW to sell a boat.
 
hlb said:
1% is fairly normal and my broker says, he usually pays that out of his commision.

I put " boats for sale" into google and BW did not turn up in the first 11 pages.

I'm not paying them, so the options are.

Dont tell them.

Get them to change the contract. Cant see BW doing that.

Move MF some where else. AGAIN.

I can not think of any one worse than BW to sell a boat.
Click to expand...

Hi Hlb,

Came up with this issue before. I have seen people sell privately and 2 days before the sale they cancelled the berthing contract and moved her to another marina where sale was completed. Owner then took her to a different Marina. Never returned to original marina. This does however mean you have to sell her by Stealth!

With my Last boat the sale took place in International (EU) waters so nobody had an issue. We sailed her out, signed the contract, rang the bank and it was all done. We kept proof of leaving marina time and proof of entry to new Marina. All worked for me as we have evidence of transaction timing.....

Cheers

Paul
 
Nautorius said:
Hi Hlb,

Came up with this issue before. I have seen people sell privately and 2 days before the sale they cancelled the berthing contract and moved her to another marina where sale was completed. Owner then took her to a different Marina. Never returned to original marina. This does however mean you have to sell her by Stealth!

With my Last boat the sale took place in International (EU) waters so nobody had an issue. We sailed her out, signed the contract, rang the bank and it was all done. We kept proof of leaving marina time and proof of entry to new Marina. All worked for me as we have evidence of transaction timing.....

Cheers

Paul
Click to expand...

Got another jem here.Found another bit of paper. You have two options.

You can stay on your berth and show folk round yerself, but you can only advetise with BW. But you are allowed to use your boat!!:eek: 5%

Or you can put it on BW brokerage and not be allowed to use your boat. 6%
 
hlb said:
As some will know.I got MF moved to Glasson Dock as it's closer to home. Mainly because my legs are knackered and I cant use her.

But another reason was restrictive practices by marinas. Forcing you to only use them or there appointed brokers.

Glasson Dock is a BW marina, so I thought, well BW dont sell boats and there is no Brokerage in Glasson.

So anyway I called in the office today and the manager said. You cant have a for sale sign on your boat.

So then gave my a copy of the T & C's which I brought home, (but still no contract.)

Anyway it says. Only british Waterways can sell my sea boat and even if Some other did sell her, BW still want 6%.

I'm wondering.

1/ Can they legaly do this, or is it restrictive practices?

2/ Do I tell them that I am not agreeing to this and risk getting chucked out?

3/ Ignore it and flog the boat any way I like and not tell them.

Who the hell would look at British Waterways site, to buy a sea boat.:confused:
Click to expand...

id go option 3.
its your boat,
yiouve got more chance selling it on boats and outboards.com,
if you do the sale yourself id be giving none to bw.
i thought they stopped this in 1944 when ww2 finished and the nazi regime ceased to exist.

if you ignore them. theyre not there
 
This is an interesting one as caravan owners had something similar several years ago, this was legally challenged and the court upheld the claims of restrictive practice.

First thing to do is check out the European competition legislation, this is very informative and you may find several aspects of legislation to support you, then use it against BW and see what they say. It is doubtful they are willing to enter into a long and protracted, not to mention expensive public legal dispute.
 
Take MF to preston


"Brokerage: If you choose not to use our brokerage to sell the vessel and the vessel is sold within the marina premises, we shall make a charge of 1% of the selling price + VAT as yard commission. "
 
Depends on the wording of the T&C's, but if it reads as per the clause bigwow posted above, then just move her out once you've found a buyer (and before you enter into a verbal or written contract to sell her), and complete the sale outside the marina.
 
Technically I sold my boat in Eastbourne marina. We more or less did a boat swap, Both boats and owners meet up in Eastbourne one day signed the paperwork and went off to our respective ports in our "new" boats.
 
Bought my current boat at Conwy Marina privately last year. The boat was found and sold by the previous owner through 'word of mouth'. Unfortunately just prior to this I had sold my boat through the on-site brokers at 6% commission. I think if you advertise and sell privately there's not a great deal the marina could do, especially if not told until after sale completed. Makes you wonder why they are so restrictive in a time of shrinking business.
 
Hi,

I've had first hand experience of this at BWML's Hull Marina. At that time they would give you a free mooring for 12 months if had the boat on brokerage with them. Their brokerage was completely useless, some old faded paper ads outside the yard gate .... needless to say they never even fed back to me of a viewing. I had my new boat there also so I was paying a mooring on that.
I asked the manager about how I could go about selling it myself ... she mentioned the clause on the brokerage fee (even if they don't sell it) and she told me so long as the transaction was outside the marina then they couldn't touch me. Nice of her :)
So I advertised the boat my self, had a buyer at the price I wanted within 6 weeks and moved the boat to a visitor berth just before the free mooring expired and sold it the same day there. I rang Hull and told them I had changed my plans and would not be bringing the boat back :D

Basically, BWML are completely useless or worse at brokerage ,, but then they aren't much better at business in general. Advertise your boat on the internet yourself (they can't stop you doing that) and when it comes to selling just go to a visitor berth somewhere else to do the transaction. Job done.

Good luck
 
Think BW have actually helped me decide, that going to Glasson was a bum idea anyway, so she's off to Pwllheli where you can use any agent you want and the marina wants nowt.

So much for 6% being the industry standard.
 
Icarus39 said:
Hi,

I've had first hand experience of this at BWML's Hull Marina. At that time they would give you a free mooring for 12 months if had the boat on brokerage with them. Their brokerage was completely useless, some old faded paper ads outside the yard gate .... needless to say they never even fed back to me of a viewing. I had my new boat there also so I was paying a mooring on that.
I asked the manager about how I could go about selling it myself ... she mentioned the clause on the brokerage fee (even if they don't sell it) and she told me so long as the transaction was outside the marina then they couldn't touch me. Nice of her :)
So I advertised the boat my self, had a buyer at the price I wanted within 6 weeks and moved the boat to a visitor berth just before the free mooring expired and sold it the same day there. I rang Hull and told them I had changed my plans and would not be bringing the boat back :D
Click to expand...
The problem there is the 2 words 'manager' and 'she' the two are a contradiction in their own right:)
 
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