My question involves personal property located in the State of: Georgia
I will try to keep this as short as possible while giving all the info I think and can remember that will be helpful. Also, I wasn't sure exactly where this should be placed so if you feel it would fit better elsewhere, please move it for me.
I sold my houseboat that was docked at a marina with a lease in my name. I sold the boat September 20, 2014 with the understanding the slip was paid until the end of the month and the new owner would need to either remove the boat or sign a year lease before the 1st of October. The original plan was for him to relocate the boat out of state during the month of October and he would pay whatever fees were due for the time the boat was in the slip during October.
On the 1st of September I gave the marina my 30 day notice to vacate the slip as I had planned to have the boat sold within 30 days (and if not I could just pay the next months rent without issue). The notice states that I am responsible for the rent until the boat is removed. He talked with the marina and pushed the pick up date back to December 10th and was to pay the remaining balance at that time when they picked up the boat. He called on the 8th and cancelled the appointment to have the marina load the boat onto the trailer and says he is unable to have it moved now.
The issue is the boat is still in the slip. I got a certified letter dated the 30th of January stating the marina will end the contract and sell the boat at auction in 30 days due to the unpaid balance of $2150. If the boat gets sold at auction they will sue me for the remaining balance (I bought this boat at the very same auction years ago for $200). So, if I end up having to pay the slip to keep it from going to auction, how do I legally take the boat back? Or can I?
I spoke to the new owner today and I took him to the marina office with me and he is suppose to have this wrapped up and a new contract signed in 7 days. But he has lied to me about taking care of it so far so I am getting ready for worst case. The bill of sale only states he bought it from me, nothing about removing the boat as I never thought someone would buy a houseboat and not come get it. I have sold one other boat and didn't have an issue so I didn't even think about this.
I will try to keep this as short as possible while giving all the info I think and can remember that will be helpful. Also, I wasn't sure exactly where this should be placed so if you feel it would fit better elsewhere, please move it for me.
I sold my houseboat that was docked at a marina with a lease in my name. I sold the boat September 20, 2014 with the understanding the slip was paid until the end of the month and the new owner would need to either remove the boat or sign a year lease before the 1st of October. The original plan was for him to relocate the boat out of state during the month of October and he would pay whatever fees were due for the time the boat was in the slip during October.
On the 1st of September I gave the marina my 30 day notice to vacate the slip as I had planned to have the boat sold within 30 days (and if not I could just pay the next months rent without issue). The notice states that I am responsible for the rent until the boat is removed. He talked with the marina and pushed the pick up date back to December 10th and was to pay the remaining balance at that time when they picked up the boat. He called on the 8th and cancelled the appointment to have the marina load the boat onto the trailer and says he is unable to have it moved now.
The issue is the boat is still in the slip. I got a certified letter dated the 30th of January stating the marina will end the contract and sell the boat at auction in 30 days due to the unpaid balance of $2150. If the boat gets sold at auction they will sue me for the remaining balance (I bought this boat at the very same auction years ago for $200). So, if I end up having to pay the slip to keep it from going to auction, how do I legally take the boat back? Or can I?
I spoke to the new owner today and I took him to the marina office with me and he is suppose to have this wrapped up and a new contract signed in 7 days. But he has lied to me about taking care of it so far so I am getting ready for worst case. The bill of sale only states he bought it from me, nothing about removing the boat as I never thought someone would buy a houseboat and not come get it. I have sold one other boat and didn't have an issue so I didn't even think about this.
Abandoned Property: Issue with a Boat I Sold
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