Prepaid Membership canceled by club, can I sue for reimbursement of unused months?

[Wyldrush]

What is the name of your state (only U.S. law)? Florida

In May 2008 I assumed a 5 year contract to a Boat Club in Florida. The club gives you access to their boat fleet for use over owning a boat. The contract had 3 years remaining and cost me $7200 for 36 months plus $750 transfer fee.

In Oct 2010, the club which is under new ownership for about 1 1/2yrs decided to cancel my membership. I received a letter through a lawyer stating it was due to an argument me/guest had with the dockmaster and this is violation of club rules. It was a 2 min shouting match one of my guest had b/c of how the dock master treated him and my guest. (Dock master talks down to everyone)

I contacted attorney and explained I am a prepaid member, not paying monthly like most (my plan is not offered anymore) and I paid a $600 year fee. He calls back stating will refund me $300 since 7 months remaining and I need to sign a non disclosure form. Not good enough to me.

I mailed club at location address (marina where office is), register agent address listed on Sunbiz.org and lawyer on record for letter. I sent out letter Nov 9th stating I want a answer by Nov 19th. I also emailed copy to laywer since he emailed me my letter before it was recieved.

I have not received a reply. Letter to registered agent done return reciept and recieved on Nov 10th. I believe is it a mailbox center not a real office location.

I like to go TUe when off and file lawsuit for damaged. I was seeking $300 (half my annual fee) and $1400 which is $200 a month x 7 months remaining.

Am I entitled to this? Can I sue for additional damages? Also I noticed on my last visit, after being checked in, 2 days later they claim I damaged the stern light and that cost $33 to repair, should I put that in suit or dispute with my credit card they charge. This is not first time I been charged damages like this. They are horrible company.

I thought about seeking class action lawsuit and hanging out by dock getting people, many are unhappy with new ownership

Also club claims they do not have to honor my membership which was in letter since they bought the location from old owners. They claim old club went out of business, I contacted Franchise and they told me never went out,it was sold only but would not give out information to me. No interuption of business ever happened and no letter or new agreements were sent out with new ownership.

I like to see $5000 (max)

 

[Mass_Shyster]

There are a bunch of issues raised, and the answers are contained within your agreement.

Is this a single five-year term, or is it 60 one-month terms? When you go to a baseball game and get thrown out, you don't get a refund for the innings not played. Depending on the wording of the contract, you may not be entitled to any refund because the five years is considered a single unit.

How is dispute resolution addressed? Can the club terminate your membership for arguing with someone? Is there any recourse on your part, or is the decision of the club final?

Who owes you the money? Is it the original owner, or the new owner? Who do you sue?

I don't think you have any chance for a class action, as the class would be people who paid for multi-year memberships that were terminated early. I doubt there are enough members to form a class. A class action is formed for the convenience of the court when there are too many plaintiffs to efficiently handle separately.

I also don't see how you will get any more than what you paid for but did not receive. That's not $5000.

You can always go to small claims court and let the court sort through everything. Check your contract first. You may have agreed to binding arbitration, or you may have agreed to pay for their attorney fees for any disputes.

 

[Wyldrush]

The contract was transferable that I bought which is why I had to pay a $750 transfer fee. I also had to sign a rules and regulation form. Now can a member have there contract terminated for violating rules. Yes they can. I would day 99% of the club is on a month to month basis. Since the membership for 5 yrs prepaid has not been offered for over 3 years. When I joined in 2008 it was no longer available, nor were the lifetime memberships.

Now I know for a fact several members as I see them at the dock have some similar issues with the club who have prepaid memberships. The lawyer even said, they do not make any money off you then I mentioned the year annual fee so he called them. If I was paying month to month like others which is $399 to $599 it would be a different story. I have 7 months left. The original cost was $16,000 for the 5 year membership, I have original contract from the member I purchased it from at their picked price.

I want to file small claim, wondering if damages be warranted. I can easily bring 5 people with me who witness the actions of this one dockmaster. I have never complained to the office about this guy because they do not care. The majority of staff does not care as it is not owner operated.

I still talk to some former employees so have been told things. They want members who pay monthly not people like me. Also my contract calls for it to go monthly at $200 a month when it expires if I chose to renew. So again, I be paying half of what current members pay and no annual fee. It is all spelled out.

Now last Oct I had an issue, this is when I found out new ownership been around. I filled complaint with BBB. They called me giving me 5 hrs to retract per their contract. I had no such writting in my contract, they gave me a new one to sign. I never retracted, but they did not cancel. I told them, you join BBB, you are at risk for negative information, that is purpose and still in new contract I do not see if it writing.

new contract says no arguing with staff. People have disagreements. The argument in question lastest maybe 2 min before I told my friend to just walk away. It was because some guest exited boat from front not rear, which made no sense since high tide boat is leveled with dock. Was so dumb.

Also remember how you charge for damages after I check in and sign a sheet all fine.


So advise would be just file small claims or $1700, which is a prorated unused time. Can I seek additional damages on the side.

 

[Dave1952]

I don't see any additional damages and you still owe for some stern light repair. The question is whether or not the contract that you have allows them to keep your money if they toss you. Unless the contract clearly states that they keep the money then they have no right to do that. So read your contract and decide whether to sue.

Good luck

 

[Wyldrush]

SO called damages to stern were paid for as they keep a credit card on file for damages/fuel shortage.

I decided on Fri evening to email the lawyer since business day of 19th close which was 10 day deadline to respond. He emailed me this evening after 5pm stating owner wants to reinstate me for remainder of contract and i have to sign an agreement not to made any bad remarks about club to anyone such as members while and afterwards.

I fear they realize I will win since contract does not state what happens to prepaid contracts monies since all paid in advance.

I emailed back, I lost one month, not fair when that last year a new level was created and prepaid members were not included in it, so now I can only have access to boats upto 23", oppose to 26" ft prior which means 3 boats which are the ones that hold 10-12people which gives more room and better ocean stabilitiy. Also requested lawyer and owner call me to finalize any issues if they want to attempt to work it out.

I am 99% sure I would win my $1700 and not budge in arbitration.