Legal question
 

Some of you may recall that my Ranger 33 sailboat was damaged in a windstorm. I got a settlement from the insurance company but they left the boat with me. I found a guy interested in a lot of parts from it since he owned a Ranger 33 missing lots of parts including the sails. I gave him a good price on the whole boat with the understanding that he would be responsible for disposing of the boat. I transferred the registration to him,gave him a bill of sale (no titles in NY). I then sent a check to the marina for my final storage payment (the amount on the last bill the marina had sent me) and informed them there was a new owner.
Apparently, the new owner removed what he wanted from the boat and then sent a letter to the marina giving them title (?) to the boat, or the right to dispose of it or something.
I know this because I just got a letter from the marina owner's attorney stating that I am still responsible for storage costs and disposal of the boat since it is still in their yard and that he will initiate action against me if I don't pay storage and disposal charges
I'm think the letter is probably just bluster. But, I'm not familiar with marina storage laws in NY state. Since I am no longer the legal owner of the boat, I don't see how I can be responsible for any costs. If he wants to go after someone it is the person to whom I sold the boat.
What are people's opinions on this matter?

My opinion is to contact an attorney on the matter...

1. You had a contract with the marina.

2. The fact you told them of a new owner doesn't change #1. Unless they agreed to that in writing.

3. They have a claim against you. You may have a claim against your buyer based upon the actual terms of your agreement with him (and not necessarily what you "understood").

4. If you call (what you see as) their bluff, you will also get to pay for their attorneys to sue you, as well as the court costs.

My suggestion is that you contact the buyer, but no matter what he says, you'd best pay them, get the carcass out of there and keep all of your receipts. That will provide the foundation of any claim you may have against the buyer.

Good luck.

I am probably glad this did not happen to me. If it did, that hull would end up in front of the new owners house. Possibly on the front lawn.

I had no written contract with the marina. In fact, didn't even have a verbal contract with them. When I bought the boat it was in that marina. Marina operator sent me bills for storage and I paid them. Current marina operator took over after some time and also sent me bills. Nothing regarding what happens if I sold the boat. This is the same guy who took 4 months to notify me when the wind blew over the boat.

Sink the boat.:D

Didn't you use to play a lawyer on T.V. :confused::D

Can you elaborate on #3. There is a new legal owner of the boat. I have the documentation to show that. All charges associated with the boat during my ownership have been paid. I can see where they have a claim against the new owner but just like I assumed the costs of storage once I bought the boat, why wouldn't the new owner have to do the same? Could the yard go after the previous owner to me, since it was in that yard when I bought it. In other words, why doesn't liability transfer with ownership?

He probably has at some stage had a sign some place giving standard terms & conditions.
If you are on speaking terms with the operator, you could try calling him & asking how come you are still getting mail concerning a boat you have not owned for some time. He may have sent the new owner a few bills & had no luck with him.

Send them a letter back telling them to pound sand. You don't own the boat anymore and it is not your responsibility as of (insert date ownership was transferred) and a copy of your last payment. Make sure you keep all documentation of contact with them. If this doesn't work and they still try to sue then I would talk to a lawyer.

Did the buyer respond to a Craigslist ad? Is he going to ask for his money back because of a torn sail? In this case, that might be a good thing. :)

Sixto
87 300D

there is a new legal owner and you have doc's to prove it.like what??if your state just uses a registration what do you have that proves it.my insurance agent told me this when i asked"if i sell a car and the guy just drives it around without titling it and he gets in a wreck am i still liable for it.:answer "yes" because i am the last (registered) owner.i believe the same applies here.if he did not register it you are screwed.

Might be true. Which is why one ALWAYS has the buyer sign the title in front of the seller. And then take a picture. Not all of us have a copier in the trunk. With cars some states require the new owners to register in a certain amount of time from title signing.

However, if money was exchanged that is ALSO a contract. So if the person purchased the boat and signed the title, its theirs. Period.

I have a copy of the signed registration and bill of sale. The current owner has contacted the marina indicating that he is the now the owner. He is not disputing his ownership and actually, neither is the marina or the attorney since the attorney stated the name of the new owner in the letter to me. The letter said that despite the fact that I sold the boat, I am still responsible for storage costs. It's that fact that makes me think the marina has no legal claim against. If they were saying I was still the legal owner it would be a different issue.

Do you have a signed contract with the marina?

What does it say?


Absent a signed contract, and with the marina acknowledging that you are no longer the owner, I don't believe they can prevail.

My curiosity rests with the venue. Can they sue you in NY when your residence is in CO? I recently had a small claims case where, as the plaintiff, I had to go to the locale of the defendant. I suppose this will not apply if they utilize an attorney and go to district court. This would be dependent on the amount involved.

If they sue you in NY, it becomes a real problem as you, effectively, must retain an attorney. No matter how this is reconciled, you're screwed with regard to money. So, as a practical matter, I would not simply tell them to pound sand, even if I'm fairly certain of prevailing.