Ask A Maritime Attorney
If a Boater Signs Agreements with 2 Brokers, Which One is Enforceable?
Posted: February 27, 2013
I am a California-licensed yacht broker. A client listed his boat with me for sale under an “open” listing agreement that required him to give me 30 days written notice if he wanted to cancel the agreement. Several days ago, I received a phone call from another yacht broker who said that the client had just listed the boat with him under an “exclusive” listing agreement and he demanded that I cancel my listing immediately. I usually wouldn’t make a big deal about this, but I had just shown the boat to a prospective buyer who is ready to make a full price offer to purchase the boat. The new broker insists that I need to present the offer through him -- which would, of course, require me to split the commission with him. I don’t think I should be required to do that, since the boat owner failed to give me the required cancellation notice. What are my rights in a case like this?
Can I Hold a Buyer to His Verbal Agreement to Buy My Boat?
Posted: February 13, 2013
I advertised my boat for sale last year through an online service. I was contacted by someone who appeared to be a serious and qualified buyer. We exc ...
Can I Hold My Captain Liable for Negligent Engine Damage?
Posted: January 30, 2013
I purchased a 40-foot trawler yacht a few months ago and, since I am a novice boater, my insurance company required me to hire a captain to run the bo ...
Is a Yacht Seller Required to Disclose Past Fire Damage to a Buyer?
Posted: January 16, 2013
I bought a 50-foot motoryacht six months ago and have had nothing but problems from Day 1. Most of the problems are related to the boat’s genera ...
Must a Foreclosure Occur Before a Bank Sells a Repossessed Boat?
Posted: January 2, 2013
We are in the process of buying a boat that is a bank repo, and we would like to know a little about the process. We were advised that the boat is Coa ...
How Can I Get Clear Title to a Boat with a Debt in Its Distant Past?
Posted: December 19, 2012
I am in the process of purchasing a boat from my father. He bought the boat almost 30 years ago and it was DMV-registered (rather than being doc ...
What Rights Do Legal Liveaboards Have in Marina Evictions?
Posted: December 5, 2012
I moved onto my boat as a “legal” liveaboard a few months ago. The marina manager required me to sign an agreement and pay a security depo ...
Can My Former Partner Claim a Maritime Lien Against the Boat?
Posted: November 21, 2012
I am in the middle of a complicated dispute with a former friend over a boat that we owned as “equal” partners for a few years. The partne ...
Can I Dispute My Damage Settlement from Another Boater’s Insurer?
Posted: November 7, 2012
Last month, my boat was struck by another boat while in the slip. The damage was substantial, and the repair estimate prepared by the boatyard came in ...
How Could a So-called ‘Samaritan’ Arrest an America’s Cup Boat?
Posted: October 24, 2012
I have been reading about an incident in September where a French America’s Cup catamaran broke loose from its mooring in San Francisco and was ...
Can I Sue My Marine Surveyor Over a Shoddy Used Boat Survey?
Posted: October 9, 2012
I recently bought a boat over the Internet. I never saw the boat in person before the purchase, but I hired a marine surveyor to inspect the boat -- s ...
Is There a Do-It-Yourself Service to Help Owners Sell a Used Boat?
Posted: September 27, 2012
My wife and I own a 37-foot power boat that we have put up for sale, and we would like to sell it ourselves, without a broker. I am looking for some h ...
Can My Boat Host Dockside Catered Meetings With No Captain Aboard?
Posted: September 12, 2012
I would like to use my boat as a dockside platform for catered meetings -- sort of a floating conference room. When I researched the legal requirement ...
I’m a Partner in a Charter Boat and Was Injured Aboard. Can I Sue?
Posted: August 28, 2012
I am a licensed captain and a partner in a company that operates a six-pack sportfishing boat. My partner owns the boat, and our arrangement calls for ...
My Boat Sank Twice, and I Want to Sue My Boatyard. Where Do I Start?
Posted: August 15, 2012
I took my boat to a yard earlier this year and experienced a series of problems that ultimately led to the boat sinking at the dock -- twice. The firs ...