Our reader’s attorney was probably right on this one (hard to believe, I know). Most shipyard work orders and repair estimates include two very powerful clauses that are designed to protect...
Boaters throughout the world are subject to a long list of regulations concerning the discharge of oil and other waste into state, local and international waters — and some of these...
We have discussed the formation and enforcement of maritime liens often in this column, but this is a complicated subject and our readers are continually presenting us with questions that have not...
Personal property tax will be assessed on a boat annually if the “situs” of the boat is in a California county on Jan. 1 of any particular year. “Situs” is basically the...
Our reader is interested in whether the use of shipping lanes by a pleasureboat, or the failure to monitor radar or a VHF radio, could lead to a finding of fault in a collision. We will address those...
Our reader is referring to Coast Guard regulations, which require passenger vessels to be inspected by the Coast Guard and the vessel operators to be licensed captains.
Generally speaking, Coast...
The Facts
This case involved a retired husband and wife who sold their home, with a dream of buying a large sailing yacht and cruising the Pacific (we’ll call them Mr. and Mrs. Smith).
The...
The short answer to this question, as with most legal questions, is “it depends.” In this case, it depends mostly on whether the buyer can establish that the seller took substantial steps...
This question raises a number of issues, ranging from state auction laws to the procedures for the foreclosure of maritime liens and mortgages.
The laws for the conduct of a “public”...
The owner of the other boat is misguided. There is no specific regulation that requires a moored boat in an established mooring field to avoid “hindering or harming” a previously...
David Weil is licensed to practice law in the state of California and as such, some of the information provided in this column may not be applicable in a jurisdiction outside of California. Please note also that no two legal situations are alike, and it is impossible to provide accurate legal advice without knowing all the facts of a particular situation. Therefore, the information provided in this column should not be regarded as individual legal advice, and readers should not act upon this information without seeking the opinion of an attorney in their home state
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