Marina rules and sales commision

Quiddle said:
A contract us defined as
"an agreement with specific terms between two or more persons or entities in which there is a promise to do something in return for a valuable benefit known as consideration. "

The marina offers no consideration in the case of a sale so no contract exists.
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IANAL, but I'd be surprised if you can split contracts into individual terms like that.
 
BlowingOldBoots said:
Will they back down, how can you be so sure? Many marinas are owned by large organisations where local managers would not have the authority to do that, berthing can be limited in places and hence demand for spaces outstrips supply. They might very well offer a take it or leave it situation. Also, a lot of marinas offer a closed shop where you have to use the service providers at the marina, not your own. Some even restrict the volume of DIY work that can be done. It is true that many of these restrictive practises are now limited and a request to use non marina based contractors is supported when the contractor presents their insurance certificate. The clauses still exist though.

I will be signing such a contract next week or next month, depending on the progress of some work at another yard, the marina has both the commission clause and the outside contractor clause.
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Then perhaps you are considering moving before selling the boat.

Personally, if they would not budge, I would feel these are people I cannot do business with because I do not trust them as good people.
 
Two of the larger multi-marina operators do not want 1% +VAT on sale (one never did, one dropped it about 5 years ago). There are still though boatyards and marina operators who do.

Historically it was supposedly for services rendered - owners might call their boatyard and ask them to meet Mr. X Buyer and take them out to the boat in their launch, collect him later and lock the boat up. This doesn't really happen much these days though.

If an owner has signed a contract with this in the VERY small print they should pay it, though on private sales marinas often "forget" to charge it, especially if the owner is bringing in a new or bigger replacement boat.

Quite a few owners have successfully deleted this section of the contract they sign, and the marina has accepted this.
 
thinwater said:
Then perhaps you are considering moving before selling the boat.

Personally, if they would not budge, I would feel these are people I cannot do business with because I do not trust them as good people.
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Yes that would be my plan but not planning on selling anytime soon anyway so academic.
I dont think I would come to that conclusion just on this matter.
 
Personally, I believe it is best to challenge this at the outset, one never knows when circumstances may change and necessitate the sale of a boat. I am quite disappointed to find this clause appear this year, considering it was removed previously. Further I find the wording itself rather odd.
 
I've always found that not signing the contract is a reasonable solution. I just pay the mooring fees, and they seem to be happy.
 
pvb said:
I've always found that not signing the contract is a reasonable solution. I just pay the mooring fees, and they seem to be happy.
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I wouldn't like to rely on that. You can accept a contract by your actions, signing isn't necessarily strictly required.

Pete
 
prv said:
I wouldn't like to rely on that. You can accept a contract by your actions, signing isn't necessarily strictly required.
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You're probably right, but the extent of legal knowledge of the average marina manager isn't great, and the "show me where I signed" argument would flummox many of them.
 
pvb said:
You're probably right, but the extent of legal knowledge of the average marina manager isn't great, and the "show me where I signed" argument would flummox many of them.
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If it gets to the stage where they request the money and notify you of it you would have difficulty with the sale as they at that point can make a legal claim on the boat, you are then in the business of contesting that claim. As far as I know I am the only one posting on these forums that has been down this route. So what I post is not speculation but experience based on fact.
You either challenge prior to signing and strike it out and sign it where you strike it out preferably with them initialing as well or
You sell and hope they don't notice, fat chance or
You end up contesting it in court either having paid under duress or lost the sale then your costs might be interesting and outside the realm of the SCC.
In an earlier post I said the RYA had been helpful and they were but so were the OFT and Citizens Advice Bureau.
 
The OP is on another planet so where is the marina to avoid seeking to impose this unfair term?
I certainly didn't encounter this approach when we sold our lovely Bavaria 34 , in fact I thought the marina was most helpful in accommodating needs of both us and the buyer pending his relocation down the coast.
I am sure the RYA will have been consulted on this and have a view which ideally they they should communicate to whatever this marina federation is meant to be to clarify if in indeed there is a change of policy. maybe a forumite has already asked RYA for views?
 
Hi Doug 748 Yes saw that but that doesn't seem to relate to this particular matter which is more recent? I was rather suggesting that if there has been another example a referral might assist the OP. I agree however the helpful views might be of assistance if shared.
 
It was an interesting exercise for me as I had a significant exposure to formulating contracts, contract law and lawyers interpretations of contracts and contract law.

What may be useful for the boating community at large if people looked at their berthing contracts and posted if they contain the sale clause then what they propose to do about it. Perhaps if enough people contest it early on it may be removed once and for all. I guess that for every contested sale there are many that the marinas successfully get away with it because the owners simply accept it.
So all of you out there report back on your marina contracts.
 
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