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Old 10-05-2013, 05:13   #16
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Re: Need an attorney!

Am also not an Attorney - but seen lots of Perry Mason. and Columbo. Which tells me that OP right to keep trap shut, including on the internet. I would also remove name of boat and location from internet as far as I could, including from any profiles.

Sounds like more of a commerical litigation lawyer needed, but nonetheless having one who knows one end of a boat from another would be useful and also familiar with mechanics disputes (and liens). Whatever lawyer yer get you really want to avoid paying for their learning curve!

Personally I would go down the route of Surveyors report and warming up a lawyer (knowing who you can use enough to be able to say "my lawyer is", but without any big bills starting), but with a view to negotiating a settlement - even if that involves accepting less than yer feel entitled to. But that a judgement call for each.
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Old 10-05-2013, 13:56   #17
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Re: Need an attorney!

What a drag! Always hate to hear about disputes with providers of critical services, as in where else can you dock the boat if the thing goes south.
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Old 10-05-2013, 14:18   #18
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Re: Need an attorney!

Very smart move, sharing the details at this point with potential litigation could certainly backfire. If you use a surveyor, you might consider finding one that is not dependent on business from the marina/yard if they are also a brokerage or new boat dealership. I admire your restraint.
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Old 10-05-2013, 16:01   #19
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Re: Need an attorney!

Hi, Chaps, and especially Sweetsailing:

This is all opinion to follow, just my take on it....

1) If you have to involve an attorney, then the marina is likely to, as well, and
both you and they will spend lots of money that then the lawyers will have.

2) Such procedures are fraught with discomfort, frustration, and
unpleasantness.

3) My guess is that if you remind them of 1 & 2, you may well be able to
negotiate a compromise with them that will save both of you money.

Yes, you'll still be out the $$ paid to the surveyor which presumably will document the ways in which they failed to do what you thought you were contracting for, but probably save $$ over all and perhaps improve your own negotiating skills.

Comments welcome.

Ann
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Old 10-05-2013, 16:16   #20
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Re: Need an attorney!

Quote:
Yes, you'll still be out the $$ paid to the surveyor which presumably will document the ways in which they failed to do what you thought you were contracting for, but probably save $$ over all and perhaps improve your own negotiating skills.
I agree that is the first route to take, but sometimes it takes a little nudge to move the process along, like possibly a letter from an attorney strongly suggesting that it might be worth while to settle this before it goes to court. However, it has to be of significant value before the legal option makes sense. Like at least a $thousand I would think. Depends on what your time is worth too. And, whether or not the boat is in your posession or theirs.
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Old 10-05-2013, 16:19   #21
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Re: Need an attorney!

Kettlewell,

Agreed to yours of 8:16 today.

A
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Old 10-05-2013, 17:24   #22
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Re: Need an attorney!

Hi all,

Thanks for the advice and recommendations, very helpful. It has been a long day and the first time that we have seen the boat, since the incident. I may have mislead some into thinking this was an issue for service rendered by a marina or a dispute over a bill. In this case, it is neither. All, I will say, is that the marina launched our boat, without our permission I might add, and the boat has sustained damage.

Luckily, the marina has admitted 100% fault, tried to remedy as best as possible for the time being and provided their insurance information.

Now we wait for the survey and repairs.

BTW - I still don't hate my boat
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Old 11-05-2013, 11:03   #23
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Re: Need an attorney!

sweetsailing-
Even if the marina has verbally admitted fault, you might want to consult with an attorney (even one of the free consults with a chain) who is familiar with some of the vehicle, property, and contract laws in your state.
Should you need leverage in order to get your claim fully paid, that may provide it. Offhand...contract, bailment, grand larceny on the "vehicle" if you've got a state registration...As they said on MASH, the marina could be in deep kimchee.
Or, of course, you could just tell them you called IPY and they said they'd be glad to haul your boat and fix it up back at the factory. <VBG>
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Old 11-05-2013, 11:39   #24
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Re: Need an attorney!

A marina ripped off a boat owner? Wow! That's never happened before.
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Old 11-05-2013, 11:58   #25
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Re: Need an attorney!

My guess is the OP signed a contract with the marina to store his vessel... It appears the marina screwed up, they know it and are trying to make it right...

If it comes down to an argument, my guess is that in the fine print of that contract the OP signed says something about Mandatory Arbitration, which seems to be added to most service contracts now a days... That normally keeps you from pursuing civil suits against the Marina and saves legal fees for both parties, sometimes.
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Old 11-05-2013, 12:27   #26
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Re: Need an attorney!

"signed says something about Mandatory Arbitration,"
All the more reason to see a lawyer, since many states would call that contract void, in whole or part, since it was not negotiated by both parties, and that clause an "adhesion contract" which is also illegal in some states. Your mileage may vary. And will, depending on state and local laws.
And of course, arbitration would be no bar to possible criminal charges of larceny, for wrongfully "taking" the boat out of storage and onto the water.

But if the yard really is going to do the right thing...that's all moot.
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Old 11-05-2013, 12:47   #27
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Re: Need an attorney!

Sometimes it is not neccessary to "take to the mattresses".
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