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#1
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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?
__________________
1977 300d 70k--sold 08 1985 300TD 185k+ 1984 307d 126k--sold 8/03 1985 409d 65k--sold 06 1984 300SD 315k--daughter's car 1979 300SD 122k--sold 2/11 1999 Fuso FG Expedition Camper 1993 GMC Sierra 6.5 TD 4x4 1982 Bluebird Wanderlodge CAT 3208--Sold 2/13 |
#2
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My opinion is to contact an attorney on the matter...
__________________
1987 560SL 85,000 miles Meet on the level, leave on the square. Great words to live by Were we directed from Washington when to sow and when to reap, we should soon want bread. - Thomas Jefferson: Autobiography, 1821.
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#3
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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. |
#4
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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.
__________________
1991 560 SEL / 185k miles 1992 750il / 17k miles - project car |
#5
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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.
__________________
1977 300d 70k--sold 08 1985 300TD 185k+ 1984 307d 126k--sold 8/03 1985 409d 65k--sold 06 1984 300SD 315k--daughter's car 1979 300SD 122k--sold 2/11 1999 Fuso FG Expedition Camper 1993 GMC Sierra 6.5 TD 4x4 1982 Bluebird Wanderlodge CAT 3208--Sold 2/13 |
#6
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Sink the boat.
__________________
1991 560 SEC AMG, 199k <---- 300 hp 10:1 ECE euro HV ... 1995 E 420, 170k "The Red Plum" (sold) 2015 BMW 535i xdrive awd Stage 1 DINAN, 6k, <----364 hp 1967 Mercury Cougar, 49k 2013 Jaguar XF, 20k <----340 hp Supercharged, All Wheel Drive (sold) |
#7
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Quote:
__________________
For the Saved, this world is the worst it will ever get. For the unSaved, this world is the best it will ever get. Clk's Ebay Stuff BUY SOMETHING NOW!!! |
#8
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Quote:
__________________
1977 300d 70k--sold 08 1985 300TD 185k+ 1984 307d 126k--sold 8/03 1985 409d 65k--sold 06 1984 300SD 315k--daughter's car 1979 300SD 122k--sold 2/11 1999 Fuso FG Expedition Camper 1993 GMC Sierra 6.5 TD 4x4 1982 Bluebird Wanderlodge CAT 3208--Sold 2/13 |
#9
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Quote:
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.
__________________
Grumpy Old Diesel Owners Club group I no longer question authority, I annoy authority. More effect, less effort.... 1967 230-6 auto parts car. rust bucket. 1980 300D now parts car 800k miles 1984 300D 500k miles 1987 250td 160k miles English import 2001 jeep turbo diesel 130k miles 1998 jeep tdi ~ followed me home. Needs a turbo. 1968 Ford F750 truck. 6-354 diesel conversion. Other toys ~J.D.,Cat & GM ~ mainly earth moving |
#10
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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.
__________________
2009 ML320 Bluetec 1985 300CD 1981 300TD Past Mercedes 1979 300TD 1982 300TD 2000 E320 4Matic Wagon 1998 E430 1984 300SD 1980 300SD |
#11
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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 |
#12
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Quote:
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#13
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However, if money was exchanged that is ALSO a contract. So if the person purchased the boat and signed the title, its theirs. Period.
__________________
1991 560 SEL / 185k miles 1992 750il / 17k miles - project car |
#14
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Quote:
__________________
1977 300d 70k--sold 08 1985 300TD 185k+ 1984 307d 126k--sold 8/03 1985 409d 65k--sold 06 1984 300SD 315k--daughter's car 1979 300SD 122k--sold 2/11 1999 Fuso FG Expedition Camper 1993 GMC Sierra 6.5 TD 4x4 1982 Bluebird Wanderlodge CAT 3208--Sold 2/13 |
#15
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Quote:
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. |
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