Vanished buyer - what to do?

[Vid]

I sold my old boat for £2600 back in November, receiving full payment, but have not heard from the buyer since, despite frequent emails from me.

I sent an email to his address acknowledging receipt of the money but we haven't exchanged a contract or formal documentation and I have all the boat's papers. I only have the email address for them but sent full contact details for me.

I am still paying for the storage costs at the boatyard where it is, and have been checking the boat to make sure she's been ok over the winter. I will expect to recover these costs if the buyer re-appears.

I am thinking about putting the boat back up for sale on the grounds of abandonment by the person who sent me the money, but don't know whether I could, or should do this. If the original buyer returns I'll refund his payment, at least minus my costs.

Would that be legal though, either for me or any new buyer?

 

[lustyd]

Assuming it was a bank transfer I'd contact the bank and explain the situation. There's a global pandemic and war on so countless reasons they may have stopped responding. You have the full money so can assume they were serious about buying. You should definitely recover interrim costs which will be hard on them but quite fair I'd say.
Good on you for looking after the boat in the meantime, hope it all turns out well.

 

[xyachtdave]

I sold an item on the for sale forum here.

Someone replied, said they wanted it and paid.

Every couple of weeks after the payment I messaged him trying to get an address to send it. He's a well known member, posting frequently in the meantime.

About 3 months passed before he got back to and I posted it.

I'd not give up just yet...!

 

[KevinV]

The timing might just correspond with yahoo changing the way you can forward messages to a different address - I missed hundreds of emails before I noticed. Even if one email address and a name is the only contact you have for him it's amazing what a bit of trawling the internet can find by way of contact details - quite fun if you're in the mood (and a bit frightening just how much is in the public domain)

 

[V1701]

I guess the question of who is now the legal owner is the critical thing - if it's still you then you can put her up for sale again, if not then you could just wash your hands of it but that itself could be problematic, e.g. you maintaining a good relationship with the yard. Are the yard aware & do they have a take on it?

 

[MoodySabre]

I think a contract existed. You put it up for sale, he made an offer and you accepted it. He paid and the contract is completed. It is now his. Tell the marina that it is no longer yours and give them the contact details. Stop paying and acting as though you have some responsibility for it.

 

[LONG_KEELER]

I think a contract existed. You put it up for sale, he made an offer and you accepted it. He paid and the contract is completed. It is now his. Tell the marina that it is no longer yours and give them the contact details. Stop paying and acting as though you have some responsibility for it.

You mean just dump the problem onto someone else.

 

[mjcoon]

You mean just dump the problem onto someone else.

... Someone who might be expected to have professional procedures for coping with that eventuality. (Possibly including bouncing the problem back!)

 

[Poignard]

I think a contract existed. You put it up for sale, he made an offer and you accepted it. He paid and the contract is completed. It is now his. Tell the marina that it is no longer yours and give them the contact details. Stop paying and acting as though you have some responsibility for it.

But the OP has a contract with the yard to keep a boat there. Whilst the boat remains there, he is liable for the yard fees.

 

[SaltIre]

But the OP has a contract with the yard to keep a boat there. Whilst the boat remains there, he is liable for the yard fees.

Does the OP need to pay the yard for a boat he no longer owns?

 

[mjcoon]

Does the OP need to pay the yard for a boat he no longer owns?

Surely it is no business of the yard whether the boat is owned by a syndicate, shell company, leasing company, etc etc...

 

[SaltIre]

Surely it is no business of the yard whether the boat is owned by a syndicate, shell company, leasing company, etc etc...

When I sold my boat, which was ashore in a yard, I informed them the boat was under new ownership and cancelled my contract. The fact the new owner was present helped enormously!

 

[newtothis]

You mean just dump the problem onto someone else.

The yard assumes this type of risk every time it takes on a new customer. The customer put their boat there, but at some point may abandon it and stop paying.
That risk will be mitigated by a clause in the contract allowing the yard to dispose of the boat to recover unpaid bills.
The vendor of the boat has no legal recourse to recover yard bills he is paying after selling the boat. If he resells the boat, he is in breach if the original buyer does show up.
He should tell the yard the boat is sold and that he is no longer responsible for it, and cut his losses.

 

[Poignard]

Does the OP need to pay the yard for a boat he no longer owns?

Yes, unless he has some contractual arrangement that allows him to transfer his berthing/layup contract to a new purchaser.

His The boat the OP used to own is occupying a berth or yard space that the OP has a contractual obligation to pay for.

It is up to the new owner to negotiate his own contract with the yard if he wants, or else move the boat.

Obviously the OP should try and recover the extra charges he is having to pay because from the buyer, because the latter did not take delivery of the boat from the buyer.

In the yard where I keep my boat I don't have the right to transfer my berthing contract to a new owner.

And that's only fair as there is a waiting list for berths. A new owner should not be allowed to jump the queue.

[Edited 13:20 22/03/2022]

 

[RivalRedwing]

you need pukka legal advice... RYA may be able to assist, or point you in the right direction

 

[Crispan]

I sold my old boat for £2600 back in November, receiving full payment, but have not heard from the buyer since, despite frequent emails from me.

The payment is not the issue, boats can be gifted or traded for just £1.

As November was some time ago, when you say 'sold' - did you sign a Bill Of Sale document over to the new owner? Any decision you make next should be based upon whether you have transferred ownership.

 

[RivalRedwing]

The payment is not the issue, boats can be gifted or traded for just £1.

As November was some time ago, when you say 'sold' - did you sign a Bill Of Sale document over to the new owner? Any decision you make next should be based upon whether you have transferred ownership.

2nd paragraph of post #1 - it would appear not

 

[SaltIre]

Yes, unless he has some contractual arrangement that allows him to transfer his berthing/layup contract to a new purchaser.

His boat is occupying a berth or yard space that he has a contractual obligation to pay for.

It is up to the new owner to negotiate his own contract, or else move the boat.

Obviously the OP should try and recover the extra charges he is having to pay because the buyer did not take delivery of the boat.

In the yard where I keep my boat I don't have the right to transfer my berthing contract to a new owner.

And that's only fair as there is a waiting list for berths. A new owner should not be allowed to jump the queue.

It isn't his boat. Edit: Ownership needs to be clarified as others have said. "I sold my boat and received £2,600 for it"...
I didn't have the right to transfer my contract either - the yard cancelled it. I "lost" a couple of months fees...

 

[Poignard]

It isn't his boat. Edit: Ownership needs to be clarified as others have said. "I sold my boat and received £2,600 for it"...
I didn't have the right to transfer my contract either - the yard cancelled it. I "lost" a couple of months fees...

'The boat...,' then!

Look at it from the point of view of the yard. It has a contract with the OP to provide a berth in return for money. If the OP wants to end the contract and stop paying he has to clear the berth so that the yard can make a new contract with someone else.

 

[oldbloke]

I would start by speaking/writing to the yard. You may find it's easily resolved.
Verbal contracts are still contracts and although you have nothing written, you have the ad and the cash