petem
Well-Known Member
Perhaps by allowing visitors/viewers onto the pontoons? Letting them use the car park, etc.
It's still an unfair clause IMO though.
PX boat marina expects a fee?
- Thread starter Tony4597
- Start date
It's still an unfair clause IMO though.
steveeasy
Well-Known Member
It was quite common in many types of businesses years ago and yes people would honour the ridiculous clauses. Now its very outdated like a lot that is found in contracts. I suspect owners who pay for the use of facilities are entitled to have visitors that may park their cars too.
That reminds me. I was having my boat re rigged last year. I was told oh no, it must be through the yard. Yes they wanted a cut. I suspect that was a unfair attempt too.
Steveeasy
That reminds me. I was having my boat re rigged last year. I was told oh no, it must be through the yard. Yes they wanted a cut. I suspect that was a unfair attempt too.
Steveeasy
Tony4597
New Member
I have not yet approached the marina management but on studying the terms and conditions there is no mention of part exchange only boat sales e.g.
Boats for sale, berthed, or stored with the company must be sold through the company's Brokerage.
Should the owner breach this condition the owner shall pay the company's brokerage fees calculated on the basis of the company's brokerage terms (currently 8% excl vat).
So will a part exchange be considered a sale in terms of the company's take on what constitutes a sale and is such a condition enforceable ? In any event it would seem as suggested in this thread that the easyiest solution would be to move the boat giving notice that the berth is now vacated and open for the marina to use as it sees fit (there is allegedly a waiting list!).
It would be unfair of me to name the marina particularly due to the fact that I have not had the opportunity to speak to them directly with my plans (neither have I found a boat we liked - and could afford!) so until such time I can only treat the comments from our marina neighbours as scuttlebutt.
Boats for sale, berthed, or stored with the company must be sold through the company's Brokerage.
Should the owner breach this condition the owner shall pay the company's brokerage fees calculated on the basis of the company's brokerage terms (currently 8% excl vat).
So will a part exchange be considered a sale in terms of the company's take on what constitutes a sale and is such a condition enforceable ? In any event it would seem as suggested in this thread that the easyiest solution would be to move the boat giving notice that the berth is now vacated and open for the marina to use as it sees fit (there is allegedly a waiting list!).
It would be unfair of me to name the marina particularly due to the fact that I have not had the opportunity to speak to them directly with my plans (neither have I found a boat we liked - and could afford!) so until such time I can only treat the comments from our marina neighbours as scuttlebutt.
volvopaul
Well-Known Member
Sell the boat with an RYA contract you can print it off , where it says the amount purchase price just put ” £1 and other considerations “ that has been a Legal statement for many years now. So you will be owing them 9.6 pence including vat .
Tranona
Well-Known Member
That has no meaning at all. A Bill of Sale is just a transfer of title. It does not have to show any value at all or any evidence of money changing hands. It is equally valid for example when a boat changes ownership through a gift or as a legacy.
Now the OP has quoted the actual wording it is clear that marina has an exclusive brokerage and is effectively saying you cannot use another brokerage or even sell privately, just as in post#22 in respect of using only on site trades. The part exchange angle the OP talks about is irrelevant.
Could still be challenged but not as easy as other cases that did not involve exclusive brokerage. Best course of action if feasible is to terminate the contract and take the boat elsewhere. Does make it difficult if you want to bring the new boat into the same marina.
volvopaul
Well-Known Member
Your not really seeing the funny side of my reply , but I will say that a couple of boats I’ve bought and sold over the years has never stated the purchase price or even supplied or received an invoice stating the purchase price . The last boat I sold a phantom 43 sold proving title from my building society account transactions for both the deposit and the balance, that was the only way I think I could prove there was no finance outstanding.
steveeasy
Well-Known Member
It’s only enforceable if they pursue the claim. Think it’s a load of old tosh quite frankly.
God there are some sad businesses arround trying to tell people what they must do with their money. All they should worry about is getting paid and making sure they provide the service they offer. That’s it.
Steveeasy
God there are some sad businesses arround trying to tell people what they must do with their money. All they should worry about is getting paid and making sure they provide the service they offer. That’s it.
Steveeasy