SailNet Community banner

1 - 20 of 24 Posts

·
Registered
Joined
·
54 Posts
Discussion Starter #1
I'm in the middle for buying a Sabre 28 for $7,500 I gave the seller a deposit. We are to meet Sunday to finalize the deal. We both live 1 1/2 hours away from the boat. When I was up there at the boat yesterday the GM of the Marina stopped by and introduced himself to me and said there were yard fees associated to the boat and he wouldn't launch me until those are paid.

He also would give me no idea of how much the fee's are. The boat was in the water last year and winterized. I talked to the seller and he said he'd pay them Sunday when we meet. The fee's could be $100 for winterize up to $1,000 for storage.

Not sure exactly how to handle it other than telling the seller I want the boat's title free and clear(obviously) and a receipt from the Marine stating all balance due are paid.

Any thought to this matter would help. When I was going to buy the boat I never even thought of the unpaid yard fees. I always paid mine up front just to get it out of the way, but that’s me. I feel it will all work out just trying to be careful
 

·
Registered
Joined
·
54 Posts
Discussion Starter #3
he claims confidentiality laws maybe in ohio. This is not the first time of heard of this not only in boating
 

·
Registered
Joined
·
98 Posts
It seems to me the manager was doing the right thing just reminding you to get a release from the marina. The charge is this the current owner and no reason you have to know the amount. Having a release from the Marina will cover you. One of the reasons to buy through a broker is their warranty that the title is clear.
 

·
1977 Morgan OI 30
Joined
·
438 Posts
Right track

It makes sense to keep business money matters between the two parties. Would you want a business partner to tell others what you owe? As has been stated, before you pass the check, get the dated yard release...
 

·
Registered
Joined
·
725 Posts
At the time you met the GM you did not own the boat, you could have been anybody and he was right in not telling you anything. But he was very kind to you in letting that little bit slip.
A boat is different in that the bills follow the boat and not the past owner. That is why a title search is so important to look for past mechanics lean, storage fees et all.
 

·
Registered
Joined
·
4,647 Posts
Count your blessings that the Yard Manager brought it to your attention.
 

·
Registered
Joined
·
1,942 Posts
what i would do is to meet with the old owner, walk over to the office. pay the owner, watch him pay the office and have the office give you something saying its paid and not you responsibility if the payment come back, ie bounced check.
 

·
Big Chicken Baby
Joined
·
410 Posts
If you were just tire kicking, then yes he should not have told you. If you have a deposit down and are finalizing a deal after which these bills will become your responsibility then he should at least give you a ballpark. There is a huge difference between $100 and $1000.

I agree that you should do a title search, but if you do a title search you will find out the amount owed anyway. The Marina telling you the amount that will be owed by you is just saving you the time and money to do the search.
 

·
Registered
Joined
·
5,856 Posts
I have seen this happen at our marina! The best way to handle this, is bring cash! Out of the $7,500 pay the yard bill and give the previous owner the difference. The Yard signs off on the the bill and the PO signs off on the boat title.

The reason I say bring cash is when a boat owner is behind in yard bills our marina won't take a check. But all parties should agree to the transaction being handled this way before hand.
 

·
NON member
Joined
·
544 Posts
Just curious...
Would the yard fees show up on a title search if no lien has been filed?
If no lien has been filed, can the yard hold the boat for ransom, against either owner?
Paul
 

·
██▓▓▒▒░&
Joined
·
13,645 Posts
"If no lien has been filed, can the yard hold the boat for ransom,"
If no lien has been filed--that doesn't matter, because it can STILL be filed. Yes, a storage or warehouse or mechanic's lien can still be filed against a boat by anyone who has a claim under whatever the state laws are.

The bill of sale should read "free of all claims and liens" or words to similar effect, with a statement that the seller will be responsible for any prior existing claims against the boat.

Whether he gets a statement from the yard manager that it is paid, free and clear, or the yard manager is present at the closing and provides it at that time, shouldn't matter as long as the end result is the same.

Sounds like a nice price for a sweet boat.
 

·
Registered
Joined
·
684 Posts
With the yard manager already alerting you that there are outstanding bills against the boat/current owner, if it was my boat, I would not trust anything that the current owner signs to (I'd still get him to sign that the title was clear and free of all claims, that your payment was in full, and that he was responsible for any previous outstanding claims that arise). The proper thing to do, is meet with the yard manager and the current owner together at the closing, and get, in any case, a written statement from the yard that the outstanding bill had been paid. Otherwise, you are going to have a problem and a lot of hassle, even if you eventually don't have to pay previous owner's bills. Remember, the yard has the boat on their property and they have the lift, so if they refuse to launch, you are in a tight spot.
 

·
Telstar 28
Joined
·
1,000 Posts
Make sure that the bill of sale says that the boat is free of all liens and claims or something to that effect. The boat is being bought at a given price and the yard bills owed by the current owner are not your problem, and you shouldn't let the owner stick you with them.
 

·
Registered
Joined
·
1,000 Posts
GET A release from the Yard as well as before completing the sale... there is a way to word it - they do this in house sales all the time..

--jr
 

·
Registered
Joined
·
54 Posts
Discussion Starter #18
All three of us are meeting Sunday, the Seller, the GM of the Marina, and me
I'm taking a certified check for balance due. Now one gets it till I have a free and clear title and all liens yard fees ect .. whatever are paid.
I'm sure there will be no problem I just want to be careful
 

·
Hunter 33.1
Joined
·
37 Posts
I would suggest you spend a few bucks and have a lawyer close your sale. It is not only the yard you have to worry about but the liens you may not know about. Boats aren't like a house if I remember correctly the liens can follow the vessel no mater who the owner is. A lawyer can draw up a letter of indemnity.


At the least have the letter drawn up and bring with you to the closing.

Best of Luck.
 
1 - 20 of 24 Posts
Top