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Do Coast Guard Charter Regulations Apply to Charity Auction Boat Trips?

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...

A Title Nightmare: Two Titles and Two Owners for One Yacht

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...

Can I Sue the Seller of a Boat with Hull Delamination for Fraud?

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...

Can Boats Be Withdrawn from Marina’s Lien Auction if Lender Doesn’t Attend?

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”...

What’s My Liability for Getting Bumped at a Mooring?

 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...

Must Sellers of Fractional Yacht Owner­ship Shares Be Licensed Brokers?

Yacht brokers in California are licensed by the Department of Boating and Waterways pursuant to the provisions of the California Yacht and Ship Brokers Act (Harbors and Navigation Code sec. 700 -...

Do Six-Pack Charter Rules Apply to a ‘Boat and Breakfast’ Operation?

The reader is referring to the Coast Guard regulation (46 C.F.R. sec. 2.01-7), which allows a vessel measuring under 100 gross tons to carry up to six paying passengers without undergoing a rigorous...

If a Broker Embezzles, Are Clients’ Boat Sales Still Legal?

These issues are indeed in the news right now. California brokers have a long history as honest, hard-working professionals, but coincidentally two different brokers — one in Northern...

Can a Boatyard Hold My Boat ‘Hostage’ During an Invoice Dispute?

The yard is not authorized to hold the boat hostage, and they may be liable to our reader for damages under various legal claims if they refuse to surrender possession of the boat and amend the...

 
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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