My marina wants 10% of the sale price of my boat to transfer moorage!

[69SuperSport]

I’ve had my 36’ Sport Fisher there for 15 years and now that moorage has become scarce due to the strong economy the marina just notified tenants via email they want a 10% cut on the sale to transfer moorage to the new owner to bypass the waiting list.

is this legal?

 

[Bondo]

via email they want a 10% cut on the sale to transfer moorage to the new owner

Ayuh,..... Welcome Aboard,....... A 10% cut of the sale,..?? outa yer pocket,.....

Or 10% on top of the sale, charged to the buyer, IF they want that slip,.....??

If yer sellin' yer boat, I would think it's the buyer's option, IF they wanta dock at that marina,.....
Seems fair, to know they have a slip,............ or not,......

 

[tpenfield]

I would think that people on the 'waiting list' may not be too happy about that, with people being able to pay to cut in front of them. Who does the 10% come from? I would think it is the buyer not the seller that would have to pay. So you may not actually care, except it is something the buyer may want to factor in to the price, if they plan on being at the same marina. Otherwise it is a non-issue.

As to the legality . . . private marina? probably not breaking any laws or regulations, but you can always check with local authorities that oversee the marinas/waterways.

 

[ahicks]

I’ve had my 36’ Sport Fisher there for 15 years and now that moorage has become scarce due to the strong economy the marina just notified tenants via email they want a 10% cut on the sale to transfer moorage to the new owner to bypass the waiting list.

is this legal?

Not following. Are you saying you sold your boat? Or are you just moving it? Did you sign some sort of contract or lease when you rented you slip, or is it they want you to sign one for this season?

 

[69SuperSport]

To clarify, I got an email from the marina stating that IF I decide to sell my boat then the marina wants 10% of the sale of the boat if the new owner wants to stay in the slip. This comes from the sale price so it frankly comes out of my pocket because... drum roll it’s the sale price which is what the buyer is willing to pay for the vessel. For all of recorded history until this very moment most if not all marinas I have ever heard of allowed the boat to stay if it changes ownership as long as the marina office “approves” of the new tenant whatever that actually means.

This “new” stipulation is problematic because it increases the price of the boat making it more difficult to sell. It’s also a slap in the face to customers who have been there for decades or more. Like I said it’s very difficult to find a slip around here and even tougher to sell a nontrailerable vessel without moorage. I suppose it’s just a way for them to put a gun to our heads and make some more cash.

For the record my boat is not on the market but a few nearby are. by the time a decide to sell maybe they will require 100% of the sale...

 

[tpenfield]

Does the email stipulate who has to pay the 10% (buyer or seller)?

When someone is buying a boat that is currently at the marina, the seller may not even know if the buyer wants a slip in the marina :noidea: However, if they do and if they want to 'cut the line' on the waiting list, it looks like it raises the total cost by 10%.

Have you checked to see if any state/local regulations apply to marinas?

 

[GA_Boater]

What does your contract say?

 

[ahicks]

Obviously profits outweigh customer loyalty where you are. Maybe time to change marinas when you get a chance? Start looking for a new slip now and jump on it when/if you find one. Who knows, you may end up liking it better...

 

[H20Rat]

Easy... Sell your lifejackets and all stuff on board the boat for 90% of the value of the boat, with an associated bill of sale for that. Then sell your remaining hull to the buyer for 10%. Now you are paying a minimal 1% fee to the marina.

(yeah, probably wouldn't work, but... worth a try)

 

[briangcc]

I was going to say write up (2) bills of sale. One that gets recorded with the state, the other, for a whopping $1, gets handed to the marina.

 

[roffey]

I don't think that is fair to buyer or seller but what can you say about it. Its up to the Marina if they want to rent a slip or not. If you mess around with the sale price, its still up to the marina if they want the new owner to slip at their marina. Not sure I would wan to do business with them or not but you may not have a choice is slips are that scarce.

 

[Cortes100]

Hah, the marina can't make you give up 10% of the sale. I'm sure they're using that as a reference.
So let's say I buy your boat, for $20k, I can pay an extra 10%, $2000 to get your existing slip. The only unfair part about that is cutting in front of the people on the waiting list.
Why would it be harder to sell your boat?. It would actually help you sell the boat cause the new buyer has the option of getting the existing slip. Selling me the boat for $20k is not going to cost you anything. It would cost me the buyer 10% if I wanted your slip

 

[harringtondav]

Once you vacate the slip the marina has control of pricing to a new renter. The 10% fee applies to every other boat/slip in that marina, and inflates the boat prices. Assuming this is one of few marinas in your area, boat prices have increased 10% everywhere in your market. Buyer's decision in my mind.

 

[Sprig]

This is really quite simple. Doesn’t affect the seller (the op). Only affects the buyer. You simply tell the buyer that if they want to to birth the boat where it currently is that they have to pay the marina a fee of 10% of the sale price. Otherwise they have to find elsewhere to birth the boat. It is 100% between the buyer and the marina. It’s kind of like leasing a car. You put down a couple thousand and then make monthly payments.
I understand that some potential buyers may not like it but that’s life. They are basically paying a fee to go to the front of the line. Where I live some of the wait times for a birth are up to 10 years. Most would be happy for the opportunity to pay a fee and go to the front of the line.

 

[Old Ironmaker]

I have missed about 7 years of Law school so answering a legal question might be illegal unless the person answering passed the bar. So I won't answer a legal question. I can say however it is entirely up to the buyer. Do you have an obligation to tell the buyer about the 10% premium. He will find that out as soon as he deals with the Marina. I would disclose, many, many others would not. The same goes in Real Estate sales. Owners are to disclose all issues not found by an inspector, yea right.

As far as an owner showing "customer loyalty" believe me if they do it is all about profits. A loss on 1 deal may be a profit on many future deals as a good reputation proceeds any future commerce.

 

[H20Rat]

if they want to to birth the boat where it currently is that they have to pay the marina a fee of 10% of the sale price. Otherwise they have to find elsewhere to birth the boat.

Ok, i just have to say it... giving birth to a boat might be bad! (berth )

 

[Sprig]

Ok, i just have to say it... giving birth to a boat might be bad! (berth )

Ya got me. Hard to believe I have an MBA but I guess I should have taken a few more English classes. Good catch.

 

[JimS123]

Ok, i just have to say it... giving birth to a boat might be bad! (berth )

I was thinking that as well, but didn't say anything because a few days ago parts of another thread got discombobulated because someone commented about poor grammare and spaelling.

 

[harringtondav]

Ya got me. Hard to believe I have an MBA but I guess I should have taken a few more English classes. Good catch.

Don't hammer yourself. I use Firefox and rely heavily on it's spell check. If I'm using a really big word, I Google it.

 

[MRS]

Well my smellin ant as bad as urs .