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

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

Old 04-15-2019, 09:32 AM
  #901  
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Originally Posted by fowl intent View Post
A cursory google search indicates that Connecticut does have a lien statute that provide a possessory lien on a vessel in the amount of the work/repairs performed, with a caveat. Connecticut General Statute 49-55 reads: [color=left=#222222]Each vessel, not documented according to the maritime or admiralty laws of the United States, shall be subject to a lien in the amount of a claim of not less than fifty dollars by any person, hereinafter called the lienor, for work done, including the equipping of such vessel with safety devices, materials furnished or expenses incurred in connection with the building, repairing, mooring, dockage or storage of such vessel. This misdemeanor shall be subordinate to security interests previously filed in the office of the Secretary of the State. The lienor may retain possession of the vessel until the charges for such work, materials or expenses have been paid or the lien has been dissolved.[/color]

[color=left=#191919]So, it appears the issue of whether the vessel is documented according to maritime or admiralty laws of the US may be relevant. Otherwise, the OP has a bone to pick with the slick bastad that sold him the boat, not with the marina asserting their lien.[/color]
please include source links/URLs!
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Old 04-15-2019, 09:34 AM
  #902  
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Originally Posted by Wood boat builder View Post


there is nothing wrong with fixing up an old boat.

There is nothing wrong with buying from a private seller.
dont let the trolls and losers on here get to you.

You could not have reasonably done anything different.
The idea that someone would sea trial and do a title search on a $2500 boat is just dumb.
I like boat in pix.

The man did not. Do his “Due Diligence”. When you buy a boat not located at owner’s house you check with the person “ in possesion” for liens and encumbrances. The bill of sale should say the property has no liens or encumbrances. All you guys that buy used boats should keep that in mind. Avoid getting into aftermarket. Lawsuits.
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Old 04-15-2019, 09:48 AM
  #903  
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Originally Posted by solarfry View Post


I like boat in pix.

The man did not. Do his “Due Diligence”. When you buy a boat not located at owner’s house you check with the person “ in possesion” for liens and encumbrances. The bill of sale should say the property has no liens or encumbrances. All you guys that buy used boats should keep that in mind. Avoid getting into aftermarket. Lawsuits.
When I buy a boat at a marina I always check with the marina office . And I with hold the amount at time of sale and offer to go with the seller to pay it . Every time The seller let me do this , but you can tell they are not real happy about . Likely would not have paid the bill .
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Old 04-15-2019, 10:06 AM
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UPDATE: got in touch with previous owner. He responded by text. Says check mailed friday to marina, Should be paid in full. he apologized for not responding/sending payment earlier.

I'll breath a sigh of relief when It actually shows up, but at least he is responding now.

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Old 04-15-2019, 10:12 AM
  #905  
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Originally Posted by RLC2020 View Post
UPDATE: got in touch with previous owner. He responded by text. Says check mailed friday to marina, Should be paid in full. he apologized for not responding/sending payment earlier.

I'll breath a sigh of relief when It actually shows up, but at least he is responding now.
While I would not hold my breath . Lets hope its the truth and also costs launch fees .
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Old 04-15-2019, 10:15 AM
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Originally Posted by RLC2020 View Post
UPDATE: got in touch with previous owner. He responded by text. Says check mailed friday to marina, Should be paid in full. he apologized for not responding/sending payment earlier.

I'll breath a sigh of relief when It actually shows up, but at least he is responding now.
Just don't hold your breathe! Hoping it is all worked out for you. Need another thread of before and after when you get settled!

It's just amazing how many pages this blows up to which amounted to not much more than a dick measuring exercise on who knows what. Some of you guys really need to stop drinking, or start drinking or something.
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Old 04-15-2019, 10:22 AM
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Originally Posted by RLC2020 View Post
UPDATE: got in touch with previous owner. He responded by text. Says check mailed friday to marina, Should be paid in full. he apologized for not responding/sending payment earlier.

I'll breath a sigh of relief when It actually shows up, but at least he is responding now.
Wow, hopefully this will happen.
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Old 04-15-2019, 10:31 AM
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FWIW there is a boat in Huntington wv exactly like the one in the picture. Listed at $8,000, he wants out, I bet any offer and it will be gone!!
responding to ...
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Old 04-15-2019, 10:38 AM
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Default You and the marina are on the same page

I have a marina management and consulting company. Seen this happen more than once. Great to hear the customer is going to pay. On the chance he doesn't offer to make a deal with the marina. Split the cost or something. Just like you don't want to go through a legal process the marina should want to create a satisfied new customer in you and move on. Keep in mind, every day the boat is at the marina you are now racking up storage costs from the time you took ownership. You and the marina are the good guys that might have gotten burned by someone else.
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Old 04-15-2019, 10:44 AM
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Lien this lien that . Do they have a lien? Call the cops , don't call the cops? Bottom line is the marina had the boat period.
Come with a court order then find out that there are five boats that have to be moved first to get the boat out. I'm not moving 5 boats without getting paid for moving them.
There are ways around all different scenario's.

We store over 200 boats in our yard. Some pay before they come out, some at splash time.
People who have read my posts here know where I stood on this post.

RLC2020
GLAD IT WORKED OUT FOR YOU.
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Old 04-15-2019, 10:49 AM
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some here have been talking "due diligence' , those that are saying that Op should have used "due diligence" before he bought the boat , the same people have also been stating ,maritime laws, state and federal , law books, posting excerpts from who knows where some that that date back till before the dawn of time.
.
please explain what a reasonable 'due diligence' could have been practiced when the Op had no idea that the boat was encumbered.

ask seller , yup seller says nah mate shes all mine nothing owing , here is the title .

do a check with whomever companies use to put a lien on it (court , shire, etc) , this from the posts from the Op would have come up free and clear,since there was no official lien on the boat.

where do you check whether or not there is one of these so called 'mechanics lien' on a vehicle , boat , bike or whatever else has dues for work performed or services.

just trying to clear up a few discrepancies here ! ,and leave a footprint on the internet for when someone else gets stung by one of these rouge sellers or unscrupulous storage facilities trying to scam innocent people that were unaware that they need a law degree to purchase a boat that is stored at a facility .
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Old 04-15-2019, 10:58 AM
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Originally Posted by RLC2020 View Post
UPDATE: got in touch with previous owner. He responded by text. Says check mailed friday to marina, Should be paid in full. he apologized for not responding/sending payment earlier.

I'll breath a sigh of relief when It actually shows up, but at least he is responding now.
Thanks for the update! excellent news for you.
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Old 04-15-2019, 10:59 AM
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Originally Posted by your friend with a boat View Post
I have a marina management and consulting company. Seen this happen more than once. Great to hear the customer is going to pay. On the chance he doesn't offer to make a deal with the marina. Split the cost or something. Just like you don't want to go through a legal process the marina should want to create a satisfied new customer in you and move on. Keep in mind, every day the boat is at the marina you are now racking up storage costs from the time you took ownership. You and the marina are the good guys that might have gotten burned by someone else.
have you read any of the posts? even on the first page? LOL
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Old 04-15-2019, 11:03 AM
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Originally Posted by RLC2020 View Post
UPDATE: got in touch with previous owner. He responded by text. Says check mailed friday to marina, Should be paid in full. he apologized for not responding/sending payment earlier.

I'll breath a sigh of relief when It actually shows up, but at least he is responding now.
great news , i'm glad to hear it all is going to work out .


this thread is going to be a lot of help to many people in the future . thanks for starting the thread , people will have knowledge to stop these shonky storage facilities strong arming people like yourself in the same position , lots of views and opinions in the posts ,if someone cares to read through (skipping the repeat posts ) they will gain some interesting knowledge of how this storage industry works.

as i posted : rules and laws need to be updated so as for easy understanding of what is required ,both by customers and the businesses.

enjoy your new boat , a build thread would be nice ,
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Old 04-15-2019, 11:10 AM
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Originally Posted by 1breakinit View Post
some here have been talking "due diligence' , those that are saying that Op should have used "due diligence" before he bought the boat , the same people have also been stating ,maritime laws, state and federal , law books, posting excerpts from who knows where some that that date back till before the dawn of time.
.
please explain what a reasonable 'due diligence' could have been practiced when the Op had no idea that the boat was encumbered.

ask seller , yup seller says nah mate shes all mine nothing owing , here is the title .

do a check with whomever companies use to put a lien on it (court , shire, etc) , this from the posts from the Op would have come up free and clear,since there was no official lien on the boat.

where do you check whether or not there is one of these so called 'mechanics lien' on a vehicle , boat , bike or whatever else has dues for work performed or services.

just trying to clear up a few discrepancies here ! ,and leave a footprint on the internet for when someone else gets stung by one of these rouge sellers or unscrupulous storage facilities trying to scam innocent people that were unaware that they need a law degree to purchase a boat that is stored at a facility .
If you go to look at a boat that is stored full time at a FULL SERVICE marina, you MUST ask the marina/shop if there is money owed...period! When a seller wants out and sees dollar signs from someone who looks naive or doesn’t ask enough questions, he will most of the time take the money and run! If you went to an auto repair facility or even a storage facility to look at buying a car from an individual from a Craigs List ad, would you not think to ask the folks if they are owed any monies? If the answer is no...I bet you will from now on and hopefully everyone in the future who reads this will! Right or wrong, morally or not, the marina is due their money regardless who now owns the boat...period..
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Old 04-15-2019, 11:33 AM
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I noticed a CT Marina was listing some boats they acquired for unpaid storage fees just a little while ago. It wasn't in Clinton though, but made me think of this thread.

I would personally do more than just take the previous owners word. I would confirm with the marina asap that they received it all and will release.
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Old 04-15-2019, 11:34 AM
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The wheels on the bus go round and round...just like this thread..
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Old 04-15-2019, 11:43 AM
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Originally Posted by RLC2020 View Post
UPDATE: got in touch with previous owner. He responded by text. Says check mailed friday to marina, Should be paid in full. he apologized for not responding/sending payment earlier.

I'll breath a sigh of relief when It actually shows up, but at least he is responding now.
So in the rapid THT court of public opinion, both the marina and the seller were convicted without an opportunity to be heard, put on death row and executed. Silly me for thinking that kind of stuff only happened in a 3rd world country.
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Old 04-15-2019, 11:55 AM
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Originally Posted by Whaler27 View Post
So in the rapid THT court of public opinion, both the marina and the seller were convicted without an opportunity to be heard, put on death row and executed. Silly me for thinking that kind of stuff only happened in a 3rd world country.
He had 3 weeks to respond to any one of my and the marina's 20+ voicemails / letters / texts and chose not to until now. I would count each of those as an opportunity to be heard, It was his choice to remain silent, probably hoping I would give up and go away and he could move on without paying...
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Old 04-15-2019, 12:03 PM
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Originally Posted by RLC2020 View Post
He had 3 weeks to respond to any one of my and the marina's 20+ voicemails / letters / texts and chose not to until now. I would count each of those as an opportunity to be heard, It was his choice to remain silent, probably hoping I would give up and go away and he could move on without paying...
Yes, sounds reasonable to come to that conclusion.. 1 missed phone call? Happens to all of us.. Okay, maybe 3 or 5 before we call back.. But 3 weeks and 20+ voicemails? Nah, that is deliberate.
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