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...
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 -...
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...
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...
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...