How to buy boat that is due to marina and marina start be owner?

Discussion in 'All Things Boats & Boating' started by gp333, Jul 4, 2013.

  1. gp333
    Joined: Mar 2009
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    Location: Italy

    gp333 Junior Member

    Hi,

    It seams I am find good bare boat hull in France. Marina have no any papers about boat. Someone put hull on dry marina storage and make high bill over 30k EUR by marina. And never pay and never take the boat.

    Marina have no any papers. They say me, you can take boat and wish sell to me cheap, if I get hull out. But I must go outside France, within few EU custom borders over road transfer or over sea with hull. And sure, I wish not have some legally wrong. I am ask here as marina guys are not so focused. They say, we will give you any you ask... I dont know what to ask at all.

    Btw. I am read USA laws and they are pretty simple in these cases (that not talk about that).

    But I need within EU advice and especially in France. Anyone can help me and give advices here? :(
     
  2. gonzo
    Joined: Aug 2002
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    gonzo Senior Member

    You could easily register the boat in the USA as a home built and have legal papers for it. At that point, you can import it into Italy if you so wish.
     
  3. philSweet
    Joined: May 2008
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    Location: Beaufort, SC and H'ville, NC

    philSweet Senior Member

    Throw it all back on the marina. They want it gone. They have the contacts. They can make paperwork appear at the snap of their fingers. Tell them you will take the boat, but ALL of the paperwork must be in order first. You may have to do a lot of reassuring to get them to budge. Go there every week for two months and ask politely if they have the paperwork yet. Sooner or later, the answer will be yes. Show huge amounts of good intentions but don't pay them a dime, or whatever the equivalent coin is in France, until they have the paperwork.
     
  4. michael pierzga
    Joined: Dec 2008
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    michael pierzga Senior Member

    Well said. If the marina wants your money..they need to get the paperwork.

    Dont buy it.

    No paperwork and the boat is free.
     
  5. gp333
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    gp333 Junior Member

    I was talk with France maritime lawyer in meantime, he say marina must start auction (who track one lawyer) and than I buy on the auction all legally

    Its seems this is only and fully legal way in the France
     
  6. hoytedow
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    hoytedow Wood Butcher

    To do that, you would need to show list of receipts for materials and receipts to show that you paid the taxes on them as proof that you did indeed build it. That is how it is in Florida. It may be different elsewhere in the States.
     
  7. gp333
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    gp333 Junior Member

    And this will hard go, this is not custom boat over all... this is known yacht producer, you cant say that you are build exactly same Beneteau hull so easy as example

    Probably this advice can help someone, but not for me
     
  8. hoytedow
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    Location: North of Cuba

    hoytedow Wood Butcher

    I would follow the advice of the French procuratore/attorney.
     
  9. gp333
    Joined: Mar 2009
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    Location: Italy

    gp333 Junior Member

    See more... I wish share this here, as this can be educative for someone in future. Or someone other can give me more advices from his angle of look :idea:

    Marina just say me:
    it is correct if she is a boat but she is not. The hull hasn't been never registred as a boat, it is a movable, not a boat.
    We can even make an official invoice but in that case there is 19.6% more.

    ===

    Than I start think next: I have small USA firm (do software development in the USA). If my USA firm buys boat and register in the USA. Will USA with marina invoice register this as boat in above case?

    And I am EU citizen too: Can I latter in future buy boat within EU without CE certificate. Because this was EU based boat?

    OR is better:
    Just import within EU boat as hull (with marina invoice), alone finish boat as self-built. "EU self-built boats are exempt provided they aren't sold within 5 years of completion. If you imported the boat as an 'unfinished project'"
     
  10. Angélique
    Joined: Feb 2009
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    Location: Belgium ⇄ The Netherlands

    Angélique aka Angel (only by name)

    See this one, though no problems with the paper work there, but some other things in post #13, eventually it became right :)

    Good Luck !
    Angel
     
  11. gonzo
    Joined: Aug 2002
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    gonzo Senior Member

    In Wisconsin you show up at the DNR office, fill in a form, pay a fee and have your title printed.
     
  12. dskira

    dskira Previous Member

    I will never trust a marina. If they let the guy goes for 30K something is very wrong with them.
    Run away as fast as you can, they are scaming you.
     
  13. gp333
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    gp333 Junior Member

    Why you mean this? As I understand man was put hull there and it stay years there.. they just calculate all fees in past and any other as not payed

    They are main marina in city.. dont believe they will go screw own reputation, because one bare hull that stay there years
     
  14. waikikin
    Joined: Jan 2006
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    Location: Australia

    waikikin Senior Member

    GP333, I haven't seen the boat but often these abandoned projects arn't worth the back storage fees, the marina wants the space so they can rent it to a paying customer. The highlighted green suggest there would be an additional sales tax applied to the sale if it's a boat, clearly it is or will be, that looks a bit dodgy..... "Oh! I bought this funny shaped large box & now it floats & I'd really like to register it please" ... might be ok ..might not?
    Abandoned goods where I come from have a specific process to follow to be moved on roughly as follows..
    "Value of goods

    Manner of disposal
    Less than $100

    The trader must give a verbal or written notice to the customer that they intend to dispose of the goods.
    If the goods remain uncollected after 28 days of that notice, they may be disposed of in any such manner as the trader considers appropriate.
    Between $100 and $500

    The trader/store must give written notice to the consumer and each other person claiming an interest in the goods, that they intend to dispose of the goods.
    If the goods remain uncollected after 3 months of that notice, they may be disposed of by public auction or by private sale for a fair value.
    Between $500 and $5000

    The trader can only dispose of the goods by public auction and only if:

    written notice has been given to the consumer and each other person claiming an interest in the goods of the intention to dispose of the goods; and
    the goods remain uncollected after 6 months of that notice; and
    a copy of that notice is published, at least 28 days before the goods are disposed of, in a daily newspaper circulating throughout NSW.

    Over $5000 Goods worth more than $5000 can only be disposed of with a court order."

    GP needs to make sure the local process has been followed. A yard I used to do some work in has many of these. In the eighties a busy center for owner builders most boats got built & launched, now boats come in for refit, after a few intensive weeks of deconstruction & planning they sit & start the decomposition process, the yard owner ends up owning them & they often have a negative value, of course the good clients end up indirectly subsidizing the lost space/income through higher rents... & the place looks like ... untidy!
    Do the Marina a favor & offer to remove for free or apply a cost to them, get them to dot the i & cross the t on the transfer or walk away... still
    plenty of good value boats ready to sail.
    Jeff.
     

  15. gp333
    Joined: Mar 2009
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    Location: Italy

    gp333 Junior Member

    this one hull is good as is 55 feet.. rare is find.

    waikikin: I believe you talk about USA.

    France or every EU country have some own rules... and value they ask is over $5000

    Not know France lawyer, recommends auction through him
     
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