I sold my boat but still had to pay the marina the full dockage rate. They informed me since I had a deposit on the dock it had to be paid in full. So the dock was paid in full. Since then the dock was rented to another boater for the full $2448 the same amount I had paid. I received a check in the mail for half the amount $1224. Wouldn't this be considered as double dipping no matter what a contract says.
Dock charge question
- Thread starter DougLas
- Start date
Stee6043
Well-Known Member
"no matter what the contract says"??? I'm pretty sure the only thing that matters in this case would be exactly that - what the contract says.
Typically, marina's do month to month or for a price reduction an annual contract. The catch with the lower priced annual is if you don't keep your boat there for the full term of the contract you are still bound to the contract for the slip or pay the full difference between month to month and annual. At least most of the "non-club" marinas in Florida work that way. Our marina is a bit more flexible for unforeseen circumstances and have in the past waived contract obligations; that was before the SafeWaters acquisition, I don't know now if they have that ability.
The bottom line is read and understand the Contract before you sign.
The bottom line is read and understand the Contract before you sign.
Here is where I am in a bit of difference as to whatever the contract says. In a lease to a building as a lesser. If the lease is broken the leaser is charged for the remaining months of the lease. Let's say there are 6 months left in the lease. If the leaser leaves the property on the 6th month leaving 6 months to be paid for, they have to pay the remaining 6 months. Although if a new lessee takes over the property for the remaining 6 months. The original leaser is given back their 6-month payment due to it is against the law to double dip. This would happen if the property owner was to keep the original leaser's 6-month payment. In no way should an owner make out on a lease such as described they are only allowed to be made whole. This is why I am looking to a professional in this field to see if his should be taken to small claims court?
After further inquiry it has come to surface that the no refund on a dock contract is there only if the dock is not leased to another party. This is a reasonable insertion in a dock contract to protect the marina in case the dock is not leased for the season to another party. Although if the dock is leased " At the same lease cost of the original leaser" then the money is do back in full to the original leaser. As said before this comes under he law of double dipping if the money from both party's is kept, in turn that is against the law.
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mrsrobinson
Well-Known Member
Yup, double dipping, and you are fortunate they gave you 1/2 back in my opinion.
Congrats on the sale…. That’s been going on a while
You ever read every word of a contract?….if you did you would never sign it…. But you need the slip…. So bitching after words is normal
I have found out in the boat sales there are boat sales and boat brokers. The boat sales are just that this is the boat look at it. Where boat brokers are there to answer all questions also point out how good the boat is. I had the first a sales person.
When the contract is followed as written it is made to make both the boater and marina to be safe and neither one to do anything to make the stay less enjoyable. I have good friends that own marinas and after asking them about the no refund in the contract. They said it was to protect them if one was to leave to not lose money on the dock rental. Although if the marina rents the dock they will refund your money paid for the dock accordingly.
