Go Back  The Hull Truth - Boating and Fishing Forum > BOATING FORUMS > The Boating Forum
Reload this Page >

Marina refusing to release boat to me, is this legal?

Notices
Like Tree1415Likes

Marina refusing to release boat to me, is this legal?

Old 04-11-2019, 04:06 PM
  #341  
Senior Member
 
Join Date: Jul 2016
Posts: 691
Default

Originally Posted by bigjimmie View Post
yes, we have those , get a copy from the guy you bought the boat from. Have a nice day
thanks I will be taking MY boat now get YOUR money from the guy you have a contract with have a nice day!
Insider is offline  
Old 04-11-2019, 04:18 PM
  #342  
Senior MemberCaptains Club Member
 
Join Date: Jul 2006
Posts: 2,329
Default

Originally Posted by Romeomikehotel View Post


Thereís your answer OP. Make it happen and move on with life. Nonsense trying it any other way, just follow the law and go get your boat, other peopleís problems are not yours.
generally you have to post the lien amount with sheriff to get property out then judge decides who gets money
hatterasman is offline  
Old 04-11-2019, 04:39 PM
  #343  
Senior MemberCaptains Club MemberPLEDGER
 
Join Date: Feb 2006
Location: SE FL
Posts: 3,993
Default

Sorry guys, but never in my life have I seen so many posts from people that have absolutely no clue about how this works. No, I have never owned a boat in CT, but I am an insurance adjuster that has handled claims all over the country and have owned boats/cars etc. and KNOW how this works.

The marina has the boat and performed the services that they are billing for. this includes the storage. It has nothing to do with who made the deal with the marina. When you are purchasing a boat that is on land in a marina, you, the buyer, need to contact the marina and make sure that the boat is paid up and able to be taken from the marina. If you do not do that, you are in the OP's situation and you WILL lose out. They possess the boat and are entitled to their money. they do not need to have filed a lien first. they have lien rights and they have the boat.

To the OP. Sorry you trusted the A-hole and are in this situation, but you need to decide what you want to do. pay more or sign over to the marina. If you decide you do not want the boat - DO NOT abandon it. they will lien the boat, sell it, then get a judgment against you, the owner, for the additional monies owed. If you choose to not want the boat, contact the marina, sign over the title and get a "bill of sale" that this suffices for all charges owed through that date.

You can and should pursue the previous owner, but you are going to have to track him down. then you are going to hope he he has means or assets to pursue or you will have a worthless judgment.
Pez Vela and Kidzdent like this.
makosteve66 is offline  
Old 04-11-2019, 04:41 PM
  #344  
Admirals Club Admiral's Club Member
 
Join Date: Dec 2008
Location: Texas
Posts: 5,392
Default

Originally Posted by km1125 View Post
Just so I'm clear on this... if I have a boat in storage and rack up all kinds of charges, then sell the boat for $1, I'm completely off the hook for those charges?

After all, the debt is on the boat, right?
No, but if buyer wanted to get the boat out of storage he would have to clear the debt.

This is why everyone pay 1000s of dollars to title companys when we buy houses,land, business etc..and even boats in some cases. Buyer is responsible for making sure no outstanding debts have been placed against property. In many cases if buyer wants to take posession of property they must clear the debts owed by property.

just so everyone is clear, i am not taking sides on this. Not enough info. Seller could have paid all debts and marina is wrong. Seller could be D-bag, marina may have strict rules about these cases, buyer may have by accident pissed marina off. Not sure what happened yet, hope they all come to an agreement and work it out. Also hope the boat is the one the OP is looking for.

good luck and please update.
Jeepman is offline  
Old 04-11-2019, 04:51 PM
  #345  
Senior MemberCaptains Club Member
 
Join Date: Dec 2005
Posts: 11,810
Default

Originally Posted by Insider View Post
thanks I will be taking MY boat now get YOUR money from the guy you have a contract with have a nice day!
not me. Never lost one yet.
bigjimmie is offline  
Old 04-11-2019, 05:00 PM
  #346  
Senior Member
 
Join Date: May 2016
Posts: 216
Default


[QUOTE=Kidzdent;12425320]
Originally Posted by km1125 View Post
Just curious... can you do that for any boat? Can I check on the status or any outstanding bills on any boat in the marina? Does the marina have any obligation to hold your personal business with the marina between you and the marina, or should they just be telling anyone who walks in the door how much you pay for what and whether or not you're paid up?

No you canít ....Thatís why itís called bullshit...you can get a shitload of info by using a smile and small talk...
Eh, if they get wind that scumbag Steve is selling the Donzi the marina wants to get paid so theyíll tell you. They donít want to be in the position of Boat Impound Guy. I donít think you sign an NDA with the marina.
JONOV is offline  
Old 04-11-2019, 05:09 PM
  #347  
Admirals Club Admiral's Club Member
 
Join Date: Feb 2011
Posts: 7,202
Default

Originally Posted by makosteve66 View Post
Sorry guys, but never in my life have I seen so many posts from people that have absolutely no clue about how this works. No, I have never owned a boat in CT, but I am an insurance adjuster that has handled claims all over the country and have owned boats/cars etc. and KNOW how this works.

The marina has the boat and performed the services that they are billing for. this includes the storage. It has nothing to do with who made the deal with the marina. When you are purchasing a boat that is on land in a marina, you, the buyer, need to contact the marina and make sure that the boat is paid up and able to be taken from the marina. If you do not do that, you are in the OP's situation and you WILL lose out. They possess the boat and are entitled to their money. they do not need to have filed a lien first. they have lien rights and they have the boat.

To the OP. Sorry you trusted the A-hole and are in this situation, but you need to decide what you want to do. pay more or sign over to the marina. If you decide you do not want the boat - DO NOT abandon it. they will lien the boat, sell it, then get a judgment against you, the owner, for the additional monies owed. If you choose to not want the boat, contact the marina, sign over the title and get a "bill of sale" that this suffices for all charges owed through that date.

You can and should pursue the previous owner, but you are going to have to track him down. then you are going to hope he he has means or assets to pursue or you will have a worthless judgment.
Damn good advice on abandoning. A $2500 30' 1970's boat may not be in perfect condition. Duh...

After all my comments backing the marina, second thoughts are they would be better off letting him have it for free.
Gary999 is offline  
Old 04-11-2019, 05:11 PM
  #348  
Senior Member
 
Join Date: Jul 2011
Posts: 2,604
Default

Originally Posted by Gary999 View Post
Damn good advice on abandoning. A $2500 30' 1970's boat may not be in perfect condition. Duh...

After all my comments backing the marina, second thoughts are they would be better off letting him have it for free.
Did the op say 2500 somewhere? Can't keep up with this thread
thajeffski is offline  
Old 04-11-2019, 05:12 PM
  #349  
Admirals Club Admiral's Club Member
 
Join Date: Feb 2011
Posts: 7,202
Default

Originally Posted by thajeffski View Post
Did the op say 2500 somewhere? Can't keep up with this thread
Pretty sure. Check it for me.😊
Gary999 is offline  
Old 04-11-2019, 05:18 PM
  #350  
Admirals Club Admiral's Club Member
 
Join Date: Feb 2011
Posts: 7,202
Default

Originally Posted by thajeffski View Post
Did the op say 2500 somewhere? Can't keep up with this thread

Here you go.

Marina refusing to release boat to me, is this legal?
Gary999 is offline  
Old 04-11-2019, 05:21 PM
  #351  
JSR
Senior MemberCaptains Club Member
 
Join Date: Nov 2006
Location:
Posts: 268
Default

There is an old saying: No cash, no splash!
sjef likes this.
JSR is offline  
Old 04-11-2019, 05:29 PM
  #352  
Admirals ClubCaptains Club Member Admiral's Club Member
THT sponsor
 
Join Date: Dec 2006
Location: At the floaters . . .
Posts: 9,319
Default

Originally Posted by JSR View Post
There is an old saying: No cash, no splash!
little slow bro

post #4 lol
rbhankins001 is offline  
Old 04-11-2019, 05:34 PM
  #353  
Senior Member
 
Join Date: Jun 2006
Location:
Posts: 4,061
Default

Originally Posted by JSR View Post
There is an old saying: No cash, no splash!
Posted in every marina
FishnDive is online now  
Old 04-11-2019, 05:35 PM
  #354  
Senior MemberCaptains Club Member

 
Join Date: Jan 2004
Location: Whiteville, NC
Posts: 418
Default

Not sure about Connecticut law, but in my neck of the woods someone who takes possession of a vehicle with the owner's consent to perform repairs has a mechanics lien on the vehicle until the repair bill is paid. This is a possessory lien, and does not have to be perfected by any kind of filing with the Clerk of Court. The lien ceases to exist if the one claiming the lien allows the owner or one claiming through him to take possession of the vehicle. Any dispute about the quality of the work or the amount of the lien would have to be litigated after the vehicle is redeemed by the owner by paying the bill.
fowl intent is offline  
Old 04-11-2019, 05:51 PM
  #355  
Admirals Club Admiral's Club Member
 
Join Date: May 2010
Posts: 645
Default

Originally Posted by Gary999 View Post
That is a dick move. The guy bought the the total package and now you want to hold a crucial part hostage that makes the machine inoperable? What a dickhead. The buyer had no idea. You need to go after the original owner and give the buyer a total release.
You have some emotional issues, this was a hypothetical situation.....seek help, and you're still totally wrong even hypothetically.
boatruptcy is offline  
Old 04-11-2019, 05:53 PM
  #356  
Admirals Club Admiral's Club Member
 
Join Date: Feb 2017
Location: OCNJ
Posts: 784
Default

My father had the same marina store his boat for the winter for 40 years...When he passed we cleaned the boat out and there was an old 40ís Hatteras at the marina sitting on blocks so long the hull was warped...I ask the marina owner what was up and he told me the owner passed away and left the boat to the kids....He wouldnít splash it till all the bills were paid...The son said there werenít his bills to pay..The marina owner can be a hot head and told him no cash no splash...20 years later the boat still sits there taking up space...the marina owner files paper work to get possession of the boat and when the son gets a copy he sends him a check for 20$ and a copy to the state...This goes on every other year....The marina owner canít even remove the boat and the son has insurance on it in case of accidental fire....The marina owner told me this whole story...Thatís a long F-you....
km1125 likes this.

Last edited by Kidzdent; 04-11-2019 at 06:16 PM.
Kidzdent is offline  
Old 04-11-2019, 06:05 PM
  #357  
Admirals Club Admiral's Club Member
 
Join Date: Sep 2012
Location: BATON ROUGE, LA
Posts: 205
Default

Originally Posted by hatterasman View Post
It's just like a mechanics lien at your local garage or a contractor or suppliers lien on a house

you got swindled by buying without brokers
contractors and suppliers have time limits on when they can file their liens. After their time has passed sol.
fishinonthebrain is offline  
Old 04-11-2019, 06:06 PM
  #358  
Senior Member
 
Join Date: May 2010
Location: Republic of DelMarVa
Posts: 351
Default

Charge the marina a rental service fee (double their storage rate) for utilization of your property.
Yellow Fever is offline  
Old 04-11-2019, 06:06 PM
  #359  
Senior MemberCaptains Club Member
 
Join Date: Mar 2001
Location: Louisissippi Coast
Posts: 12,381
Default

It never hurts to have the words "sold free of debts, liens or encumbrances" on the BOS. It probably wouldn't have kept the seller from hosing over the OP in this case, but it could change the legal complexion of the transaction.

Small claims court OP.
Paul Barnard is offline  
Old 04-11-2019, 06:16 PM
  #360  
Senior Member
 
Join Date: Oct 2005
Location: FL., GA, CO, Utah, WA, depends. In CA now.
Posts: 9,173
Default

Originally Posted by dihrah View Post
The marina holds a valid mechanics lien without any legal process if the boat is on the marinas property. The mechanics lien would have to be for work on the boat, like oil change or maintenance, boat repairs, detail process, launching the boat, etc. As long as the boat is on the marinas property, they can hold it until paid. If the boat is removed from its property the mechanics lien disappears. Monthly rental would not qualify under a mechanics lien, it would have to be a judgment lien, which would require judicial process and seizure of the boat for a sale to reduce the judgment lien.
The lien is on the boat and follows it wherever it goes. But the local attorney's don't know squat about Admiralty laws. It's a boat not a car nor a house. Admiralty law..

See Today, 03:39 PM
#347
makosteve66 posting

Last edited by solarfry; 04-11-2019 at 06:28 PM.
solarfry is offline  

Thread Tools
Search this Thread