Marina Surcharge Legal?

[jsielke]

What is the name of your state? New Jersey

I keep my boat at a small marina in Cumberland County. I have kept it in the same place for the past three years. At present, it is in Winter storage, on blocks in the baotyard. This marina was bought by a new owner a few months ago (since the boat was put in storage.
1. The marina does not do any mechanical work, only provides storage, slips (in water storage) launching, and sells bait.

2. I hired a mechanic to repair my transmission, while the boat was in storage. He was informed by the new owners that they required 10% of any amount billed to me. Of course, I end up paying the extra 10%.

Can they do this? This appears to be extortion just for the privilege of doing repair on a boat.

[Litigation!]

Originally Posted by jsielke

What is the name of your state? New Jersey

I keep my boat at a small marina in Cumberland County. I have kept it in the same place for the past three years. At present, it is in Winter storage, on blocks in the baotyard. This marina was bought by a new owner a few months ago (since the boat was put in storage.
1. The marina does not do any mechanical work, only provides storage, slips (in water storage) launching, and sells bait.

2. I hired a mechanic to repair my transmission, while the boat was in storage. He was informed by the new owners that they required 10% of any amount billed to me. Of course, I end up paying the extra 10%.

Can they do this? This appears to be extortion just for the privilege of doing repair on a boat.

My response:

Was the "new rule" posted, or was it sprung on you at the last moment?

What is keeping you from taking your boat out of storage, having it repaired, and then returned to storage?

IAAL

[jsielke]

The "rule" was not and is not posted. It was mentioned no where in the storage agreement.

It would cost more to "take the boat out of storage" as the same Marina would have to pick it up with a lift, launch it or put it on a trailer, and then do the same in reverse, all of which they would charge for. Actually, launching now is not an option, as all the "slips" are removed for the winter.

[Litigation!]

[quote=jsielke]

The "rule" was not and is not posted. It was mentioned no where in the storage agreement.
QUOTE]


My response:

Okay. Then, do I, or someone else, actually have to tell you what to do?

IAAL

[jsielke]

No, you don't. I assume the answer is the same as all the others. "Pay a lawyer $500-1000 to save $200."

[Litigation!]

Originally Posted by jsielke

No, you don't. I assume the answer is the same as all the others. "Pay a lawyer $500-1000 to save $200."

My response:

Well, apparently, I DO have to tell you what to do. There's a little thing called Small Claims court. I really had more faith that you already knew this.

So, file your action for a few bucks, and then have the idiot served (a few more bucks) and then bring your evidence to court with you; e.g., receipts, your lease agreement, photos showing no signs, etc.

There, I told you. This is what you get for "assuming."


IAAL