Problem with boatyard

[Merman]

I have just bought a boat that is currently ashore. When I went to the boat yard to request a lift in, they told me that the boat was out for the winter and could not be lifted back in until April and I will have to pay the storage until then. The problem is that due to the weight of the boat (8 ton) the crane needs to be alongside stern to the water to lift it in and to do this it would mean the would have to move 2 or 3 other boats. Can they get away with this?

Does anyone know of a similar case and if any legal pressure can be brought to bear on the boatyard?

The brokerage have washed their hands of the problem, saying their job is to sell the boat. Do they have a liability? Does this constitute lack of clean title as I am not able to use the boat I have bought?

The boatyard have also told me that I cannot bring in an outside crane!

I shall be speaking to the RYA on Monday to seek their help.

Sorry it was such a ramble!

 

[rhinorhino]

You might try looking at your contract of sale, was there any reference (either oral or written) as to where and/or how the boat was to be handed over? The seller may be in breach of contract.
In any event the contract to store the boat is between the marina and the seller, not you. You might look to the seller for the storage charges.
I suspect in the absence or any contract between you and the marina you could be entitled to claim the release of your boat being liable for reasonable costs of the removal.
Hope these ideas help.
If you don't suceed just look at it as an ideal opportunity to bring your new boat up to a tip top condition before launching it!

 

[jonjo]

I don't think you will get much sympathy from boatyard professionals or experienced yacht owners on this matter. It is a well established fact of life that boats become blocked in and there is a predictable Spring relaunch schedule in many yards.

Perhaps in a non marine forum a clever lawyer could prove otherwise?

The new season recommision culture in a boatyard can be rewarding apsect of yacht ownership with plenty of opportunities to natter with other yachties. Do you have any projects planned for the new boat?

 

[T_S]

Currently I have the money to afford to buy a large boat.....after weighing up the pro's and con's four years ago decided on a 22ft trailer sailor!

In the winter she is near my home and I can work on her plus saving on winter storage costs....And with all the mounting marina charges that I save by not owning a large boat, I can afford to charter boats abroad and enjoy bloody good holidays sailing in new waters every year in the sun. As you well know everything about sailing is a compromise, when I read posts like yours I realise I made the correct decision with what I want from sailing!

 

[Merman]

[ QUOTE ]
I don't think you will get much sympathy from boatyard professionals or experienced yacht owners on this matter. It is a well established fact of life that boats become blocked in and there is a predictable Spring relaunch schedule in many yards.

Perhaps in a non marine forum a clever lawyer could prove otherwise?

The new season recommision culture in a boatyard can be rewarding apsect of yacht ownership with plenty of opportunities to natter with other yachties. Do you have any projects planned for the new boat?

[/ QUOTE ]

Sympathy from experienced owners you say!

I have been a liveaboard for many years and have been sailing and owning for 40 years. The experience I have had with boatyards is one of helpful advice and courtesy in the past. It seems to be endemic to the sailing society in recent years that people who work in the marine industry are doing us a favour and not the other way round. I work as a marine engine and electronics engineer with my own company and if I took the attitude that seems to be taken by so many of the "professionals" in this industry, I would be out of business. However that is for another forum on another day. My concern is to get my boat launched and back to where I live.

I may have been remiss in not clearing the points I raised in advance with the yard before handing over the hard earned, but milk is spilled and now I need to find a way to mop it up.

 

[jimboaw]

Major mistake was to buy a boat without a trial sail. That said I agree with the previous post that the storage contract until spring is between the yard and the previous owner and I would look to him/her for a remedy. I deplore the defeatist attitude that would suggest you "grin and bear it" IMHO any judge worthy of the name should protect the spirit of the law above the letter so stand up for your rights!

 

[Merman]

The previous owner is happy to pay the storage fees until April.

The issue here is not about money, it is about needing to get my boat back asap to my home marina.

This boat is my new home replacing my current boat which is under offer.

I would be happy to pay for either a larger crane to move the boat or a low loader to move it to my home port, but the yard are saying it cannot be done due to insurance reasons. I find that odd as third party moves are very common in this industry.

 

[IanPoole2]

If its for Insurance reasons - ask to see the clause whereby they are n't allowed to move your boat. In the world of insurance you can probably do anything with the payment of "additional Premium" to the underwriter/broker.

 

[duncan]

don't see any issues with posting the location - someone may be more able to assist your efforts with that knowledge

 

[jonjo]

I am certainly no fan of the marine trade and regard many of them as giz us a job drifters who could not hold down a proper job. However in this case I am on the yard's side.

I have in my mind a picture of a tightly packed yard with little more than a foot separation between boats. Every boat movement introduces risk, think of the other owners who believe their boats are safely chocked until the spring.

 

[A1Sailor]

Might the owners of the 2-3 adjacent boats be interested in an "early launch"?

 

[Guest]

So it may be ....

Yes it is common for boats to be blocked in .... but I do not agree that the yard should be able to force the boat to stay in situ till next spring.

It is common also for yards to move boats - ok not so many - but still done to get odd boats out.

Second the stopping of outside crane contractor is similar to all contractor clauses in most marinas - BUT if you were to contract a truck lift to transport - that is not within the yard exclusivity clause - which is to protect business within the yard and try and prevent loss of revenue to yards own. As far as I know - I havent heard of a yard that provides truck transport for boats ?? other than one that buys and sells boats - but then you are pefectly legal to call a truck company and truck out.

I totally 100% agree with another post that previous owner has the contract with yard - you do not ...... unless agreement was part of the sale. I would push the case and get boat moved as you want. As I understand it - you have no wish to stay or use this yard - so wouldn't worry about upsetting them !!
They have the gear - let 'em use it.

 

[oldgit]

Re: Its your boat and you want it .(From a businessmans point of view)

Loada poo from boat yard.They simply cannot be bothered to get off their fat behinds at do a mornings work shifting a boat or two.All that insurance stuff is b.......ks.I should know,we use it all the time to avoid doing something the customer wants and we cannot think of a better excuse to avoid doing it cos we will not get paid. /forums/images/graemlins/wink.gif

 

[mpopeye]

Re: So it may be ....

[ QUOTE ]

Second the stopping of outside crane contractor is similar to all contractor clauses in most marinas - BUT if you were to contract a truck lift to transport - that is not within the yard exclusivity clause -

[/ QUOTE ]

As a boat owner the contractor clause only applies when the yard can and will do the work, if they refuse to do the said work or can't then they can not stop the outside contractor. So a larger crane would be able to do something they can't and without having to move other boats. /forums/images/graemlins/tongue.gif