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Old 31-03-2015, 10:36   #16
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Re: Marina Charging What They Want?

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Originally Posted by Shrew View Post
They can't both charge you for storage and refuse to launch you. If that were the case, they could refuse to launch everyone (Travel lift is broken/Lift bay is blocked, etc) and keep charging them for the monthly storage fee.

Their logistics is not your concern. Other boats in your way is also not your problem. If it were me, I would give them 3 clear choices:

1) Grant me a launch date prior to the end of winter storage

2) Grant me a launch date AFTER the end of winter storage (At their request not yours) and NOT charge summer storage fees in the yard.

3) Speak with my attorney

Not being able to launch until after the cut-off date is not uncommon. I've never actually seen anyone get invoiced if the delay was as a result of the yard/marina.
They will choose option 3 as the contract the owner agreed to covers them. This isn't that complicated.

Before we go nuclear attourney, sitting down and talking with them is a far better option because you really aren't likely to hire an attorney over a $400 bill.
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Old 31-03-2015, 10:38   #17
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Re: Marina Charging What They Want?

Valhalla360, contracts mean nothing when case law or common law has already dictated otherwise in previous cases. The consumer protection act, and storage and lien acts are there for a reason. Signing a contract does not revoke those laws or rights. The marina is in the wrong. I am hoping to find somebody who has already set an example of this situation. I can find similiar situations, but not exact.
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Old 31-03-2015, 10:42   #18
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Re: Marina Charging What They Want?

Also, I really don't need to hire an attorney to handle my affairs. I am quite familiar with the inside of a courtroom, being a contractor for a living. I handle my own matters, and rarely have any problems. 400 dollars is enough money to me that I'd rather spend 3 hours writing an affidavit and appearing before a judge than pay the fees, out of principal, and to help other customers who may not know better.
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Old 31-03-2015, 10:42   #19
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Re: Marina Charging What They Want?

What does the prior owner's contract say about assigning the contract to another person? Do you have a copy of the contract? Did you buy the boat through a broker? If so, they may be willing to intercede on your behalf. Or perhaps the prior owner can help out.
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Old 31-03-2015, 10:49   #20
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Re: Marina Charging What They Want?

The previous owner is 95 years old, and dying. His son took over as power of attorney and sold the boat for him. The son knows nothing about the boat, the contract, or anything else. I did not purchase through a broker, I made a private deal. If I snooped around enough, I could find the marina contracts online, but it is irrelevant, as I said contracts mean nothing when it comes to consumer protection laws.
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Old 31-03-2015, 13:27   #21
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Re: Marina Charging What They Want?

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Valhalla360, contracts mean nothing when case law or common law has already dictated otherwise in previous cases. The consumer protection act, and storage and lien acts are there for a reason. Signing a contract does not revoke those laws or rights. The marina is in the wrong. I am hoping to find somebody who has already set an example of this situation. I can find similiar situations, but not exact.
Good luck with that.
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Old 31-03-2015, 14:45   #22
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Re: Marina Charging What They Want?

Marina doesn't care if the boat is there in storage after the winter storage date ends, but rest assured it is common for storage fees beyond that date, owner of the boat is responsible whether a week or several months.
I don't think you asked the question in time otherwise you'd have built it into the offer to purchase.
And the scenario you posted sounds innocent enough that the previous owners son probably wasn't aware either.
I'm at PCYC on Lake Ontario and I can have my summer mooring fees paid but if I want a haulout for any reason I pay for the time out at the rates posted in place accordingly.
I don't view it as unfair it's just another cost of ownership, good luck and don't let it spoil your new start with your new yacht.
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Old 31-03-2015, 15:26   #23
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Re: Marina Charging What They Want?

I agree with the others.... save your outrage for the bigger bills (and there will be many!).

If the stick is down, have you considered getting a boat hauling company to move it from the jackstands on a hyrdaulic trailer and drive it out of the boat yard? Depending on how far you'd have to have them go, it might be a lot more expensive than $400, but if you're deadset on that marina not getting another dime of yours....
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Old 31-03-2015, 15:45   #24
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Re: Marina Charging What They Want?

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I agree with the others.... save your outrage for the bigger bills (and there will be many!).

If the stick is down, have you considered getting a boat hauling company to move it from the jackstands on a hyrdaulic trailer and drive it out of the boat yard? Depending on how far you'd have to have them go, it might be a lot more expensive than $400, but if you're deadset on that marina not getting another dime of yours....
There may be other boats in the way of moving his boat.
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Old 31-03-2015, 17:35   #25
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Re: Marina Charging What They Want?

I feel your pain. This is the biggest bunch of horse-puckey I have heard of lately. You state that they have over a hundred boats to launch. If they started now, at 6 boats a day, that is 180 boats by May 1. They can launch over 6 boats a day. Threaten to take them to court after asking once again to have your boat launched. Be polite but firm. Good luck.
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Old 31-03-2015, 19:09   #26
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Re: Marina Charging What They Want?

I do not see why they charge an extra. You have some odd contract.

When we stored our boat we just paid for the winter and then we were supposed to be ready for launching BEFORE a given date (end of May, in our case).

Every country has its customs.

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Old 01-04-2015, 01:01   #27
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Re: Marina Charging What They Want?

Just get in touch with Judge Judy

I don't know about Canadian law, but here in the other CA you could probably take them into Small Claims Court to recoup the extra fee.
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Old 01-04-2015, 09:26   #28
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Re: Marina Charging What They Want?

If your considering court, you'll have to pay the fee, otherwise where would your loss be?

... always ... you have to have suffered a bona-fide loss
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Old 01-04-2015, 09:33   #29
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Re: Marina Charging What They Want?

As often is the case, we are getting only one side of the story here. We don't have the actual contract to examine and we don't know the OP's interaction with marina management.


I suspect there is more to this than has been revealed. I don't think a marina and especially a publically owned marine would keep a boat "hostage" just to collect additional storage fees.
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Old 01-04-2015, 09:36   #30
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Re: Marina Charging What They Want?

if you are worried about $400 at the beginning of boat ownership, boy are you in for a shock!..... Just book a launch date and get 'er done when they can launch you.
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