My question is, if my friend buys the boat, is it now his responsibility to pay those slip fees that the previous owner owes? Or is that between the previous owner and the marina?
Nor do we want to see the marina not collecting monies rightfully owed under a binding contract.was asking me and i wasn't total sure how it worked, i dont want to see him getting a bad deal.
A marine lien placed by the marina on the boat follows the boat regardless of the owner. I've been involved with several such cases and will be testifying (as to condition & valuation) in one such case this summer. So yes, the buyer could buy the boat then lose it to the lien holder(s).I think some of you are making this unnecessarily complicated. The previous owner -- not the boat -- has a legal obligation to the marina. The new owner has no relationship with the marina. Inanimate objects cannot enter into contracts, only people, or in the case of a corporation an "artificial person," can sign a contract.
The primary issue the new owner faces is the possible lien on the asset (the boat). The secondary issue could be a desire to carry on doing business with the existing marina.
I don't know what state you are in, but that is not the case in my state and, without trying to be a dick, what you are saying doesn't make sense. The entire point of a lien is not only to secure a debt, but to put the public on notice. In NC you don't have a perfected mechanic's or materialman's lien until you file it and you'd better file it on time. And then you'd better sue on it on time.The lien attaches because a state statute says a lien exists. An example of the latter is a mechanic's or materialman's lien. State law says that, whenever a person repairs the property of another, or provides materials to be used for it's repair, a lien attaches until the mechanic or materialman is paid for his parts and service. A search of public records will disclose the former types of liens. Mechanic's and materialmen's liens cannot generally be found by searching public records. A buyer needs to protect himself from unrecorded liens by his contract with the seller.
So what is? If you are correct, it's never possible to know for sure.Tempest is correct in his posts above. Checking for recorded liens is not enough to protect you when you buy property.