Selling a boat and a possible problem

[salinia]

Devil's advocate again yea but no but...I would not have a contract with Tesco or motorway services or neighbour and guess they would want more than 1%. for providing location..Perhaps the marina was reliant in keeping its charges down in providing the services it does because it supplements its income in the percentage charges.
I think the marina would have more of an argument if it was the dogs testes

 

[Fr J Hackett]

Devil's advocate again yea but no but...I would not have a contract with Tesco or motorway services or neighbour and guess they would want more than 1%. for providing location..Perhaps the marina was reliant in keeping its charges down in providing the services it does because it supplements its income in the percentage charges.
I think the marina would have more of an argument if it was the dogs testes

But here we come to the nub of your argument for it to have validity the reason behind the charge would have to be made plain, in fact it is not and another key point is that to make such charges they have to be transparent, be open to negotiation and proportional to the service and sale i.e. in this case the first two conditions were not met and it could be argued that it should be a fixed fee for a fixed service not a % which again would make it unenforceable. Having to think on my feet here, well my ar*e on the sofa

 

[sailorman]

But here we come to the nub of your argument for it to have validity the reason behind the charge would have to be made plain, in fact it is not and another key point is that to make such charges they have to be transparent, be open to negotiation and proportional to the service and sale i.e. in this case the first two conditions were not met and it could be argued that it should be a fixed fee for a fixed service not a % which again would make it unenforceable. Having to think on my feet here, well my ar*e on the sofa

Sofa so good then

 

[jonic]

Devil's advocate again yea but no but...I would not have a contract with Tesco or motorway services or neighbour and guess they would want more than 1%. for providing location..Perhaps the marina was reliant in keeping its charges down in providing the services it does because it supplements its income in the percentage charges.
I think the marina would have more of an argument if it was the dogs testes

No. Its a historic clause and nothing more.

AFAIK It came about because there was a need to standardise a fee for when a marina did provide assistance to a brokerage firm who was located at the other end of the country. So 1% was agreed, but that was for opening up the boat and for actually showing it to the customers on behalf of the broker who had found the buyers.

 

[Fr J Hackett]

No. Its a historic clause and nothing more.

AFAIK It came about because there was a need to standardise a fee for when a marina did provide assistance to a brokerage firm who was located at the other end of the country. So 1% was agreed, but that was for opening up the boat and for actually showing it to the customers on behalf of the broker who had found the buyers.

Thanks John I think I had made that point before but it's getting a long thread now and I was trying to answer the hypothetical questions which for all we know could have been presented in court.

Might be useful to make this thread a sticky

 

[jonic]

Thanks John I think I had made that point before but it's getting a long thread now and I was trying to answer the hypothetical questions which for all we know could have been presented in court.

Might be useful to make this thread a sticky

No problem Pete.

One does wonder if the last minute settlement was a cynical way of not setting a precedent (even though it would not have been a true legal precedent)

Can I tempt you back into the world of boat ownership

 

[Fr J Hackett]

Nice boat but a bit pipe and slippers for me If I do come back it won't be for a year or two and I think it would be quite a different boat. Caroline would kill me if I took on the project I have always fancied a She 36

I am thinking of perhaps doing some dinghy sailing next spring so may be looking for an Albacore to renovate over the winter till I make my mind up. I will need to know that my new neck will stand up to long singlehanded offshore passages first though.

Cheers

Pete

 

[jonic]

Nice boat but a bit pipe and slippers for me If I do come back it won't be for a year or two and I think it would be quite a different boat. Caroline would kill me if I took on the project I have always fancied a She 36

I am thinking of perhaps doing some dinghy sailing next spring so may be looking for an Albacore to renovate over the winter till I make my mind up. I will need to know that my new neck will stand up to long singlehanded offshore passages first though.

Cheers

Pete

I've got a nice starlight 39 coming up

But seriously, well done for sticking to your guns and handling the whole thing so well. All the best for the future.

 

[photodog]

I've got a nice starlight 39 coming up
.

I think he has been out test sailing something already....

And from that smile i think i know what he will be buying next...

 

[Fr J Hackett]

I think he has been out test sailing something already....

And from that smile i think i know what he will be buying next...

You promised never to show that picture and as you can see the carling was having it's effect