Yard commission - should I pay?

[gr1mb0]

I've just sold my boat privately (very sad, but need the money for other things just now).

The yard have now sent me an invoice for 1% of the purchase price (about £170) because the sale was made "whilst using their facilities" i.e. that's where the boat was.

This is not part of the contract I signed when paying my £2100 dry stacking fees - but they have assured me this is standard practice in the marine world.

Question is -- should I pay? Whilst it looks like I'm not contractually bound to, I do want to do the right thing.

What do you think?

Thanks

 

[TigaWave]

I've never heard of this and would not expect to pay as you said its not in your contract for strorage. If they want to do this it should be in the contract.
Sounds a bit cheeky.

 

[DazedConfused]

This is standard practice in my old marina. They take something like 8% if they sell it through their brokeridge or 1% if you sell it privately.
Bit of a joke!

Good luck

 

[[2574]]

Simple - if it's not in your contract - don't pay. If it is in your contract you're knackered.

 

[Canboria]

When I sold my boat privately from the yard that it was stored in, it was even on with the yard broker, they then said they wanted 1% as it was in my storage and brokerage contract, I said it wasn't they said it was, I said show me, they couldn't because it was not mentioned in either so I didn't pay. I don't mind doing the right thing but don't like being taken for a ride.

 

[tcm]

agreed. AND...it's not worth their while attempting to enforce, either.

Only slight issue is that if thhisis the only marina around and you plane to usem again, it's not enuf have a big row about and them say sorry no when you want a mooring next time.

 

[hlb]

It's a standard rip off in most marina contracts. If not useing on site broker.

 

[jhr]

[ QUOTE ]
they have assured me this is standard practice in the marine world

[/ QUOTE ]

It's quite common - but only where it's specified in a contract or berthing agreement. From the sound of it, that's not the case here. Whether or not you want to do anything ex gratia is a matter entirely for you and will depend on how important the yard's future goodwill may be to you. However, if you're worried about doing the right thing, might I suggest that trying to lumber a client, out of the blue, with a charge for which there is no contractual basis is not exactly "doing the right thing" either, and the Yard should be ashamed of themselves.

All imho

 

[Wiggo]

Indeed. We had this in our contract in Christchurch. I queried it, and they said it did not apply to private sales, only to sales via other brokers.

 

[milltech]

If it's in the contract you're stuffed, if it's not tey're stuffed. My opinion anyway.

 

[itsonlymoney]

Standard stuff at our marina except they charge a [oh really!] load more than 1% is it worth the hassle for £170 As previously stated you may want to use them again.
Ian

 

[Nick_H]

I'm quite sure that many of the practices of south coast marinas contravene competition rules. Some marinas consider themselves "closed" marinas, which means you have to use them for servicing, repairs, even cleaning. If you push it they may allow your contractor, but will put so many barriers in the way that the contractor will lose patience. The 1% if you sell your boat through someone else (which is in the contract) also grates on me. However, my marina is over subscribed and if i kicked up a stink my berth would somehow become unavailable next year, so I smile politely at them every time I pass, and get on with enjoying my boating. Supply and demand in action.

 

[capnjack]

I agree with a number of the answers, but especially with tcm and jhr.

When you checked your contract, is there any small print on the back and does it include a commission clause? Do you remember at any time during your stay with them being told about this verbally? In between the boat being paid for and collected, did they inform you that a commision fee was payable? Are there any signs in the marina that clearly show the commissions due in the event of a client selling their boat whilst on the premises?

If the answer to any of these is yes, then they may have a case.

It is standard practice in any brokerage world that once a brokerage fee is agreed upon and an agreement is signed, or accepted verbally, that it must be paid. The verbal bit is harder to enforce, unless several transactions have already taken place, then it is deemed to be contractual. However, if you are unaware of any such agreement or have not agreed to any fee payable once your boat is sold even on their premises, then I'm afraid they have cocked up.

A contract is only binding if both parties have made one!!!

 

[milltech]

I was responsible, if that's the right word, for changing the berthing agreement at Salterns Marina many years ago. At least I think I was.

The yard commission was specified as something like an access charge, but I had sold to another berth holder and on the basis that we'd both paid well for "access" I refused to cough.

They didn't come after me but the following year it was differently worded!

 

[gr1mb0]

Thanks for all the advice -- I think on balance I'll sit tight on the invoice and see how hard they try and push it.

As I sold privately (via "Boats and Outboards" - highly recommended) rather than via another broker, then I don't feel any obligation. The new owner even kept the boat in the same rack so they didn't miss out on any fees!

 

[capnjack]

They will probably keep sending you statements, it will continue to show on their aged debtors list, depending on how efficient they are of course. I think then if you don't question it, a court may take a view that you may think it's due, but just don't want to pay it. An invoice is a request for payment for goods or services already delivered.

Personally, I would politely put in writing, why it is not owed and then tell them, they should not have invoiced you. Ask for it to be either cancelled or if it is already entered, ask them to raise a credit note.

Any further attempt to recover the money from you will be more difficult. It is a trivial amount and hardly worth much effort, but in my eyes it's the principle thats the issue here, not an amount of money.

 

[gr1mb0]

Good points CapnJack - a bit of courtesy never hurts.

 

[Kevin]

Hi

I agree with you tcm that if its a marina that you may want to use again then perhaps paying might be the best option. The question of being an absolute right or wrong isn't always the best way to decide on the course of action and at the end of the day you can argue your corner to prove a principle or perhaps have an easier and quieter life just paying up- would have never said this a few years ago but years of Blair has beaten me down to a compliant downtrodden 'mass'

Kevin