I sold a pontoon boat which was a private party sell. I got it serviced 6 months before i put it up for sell. I have used the boat several times in the water and it has never gave me any issues. The guy who purchased it from me came to my home and...
The real (sets of) question(s) that you have to contend with is/are:
1) was there a written contract?
2) if so, what does it say?
No lawyer here can truly opine on what may or could happen. The written contract for the sale of a vessel is VERY important and will advise the parties and a court of how a matter can and should be decided. It can state "as-is" meaning that the buyer is buying whatever you are selling without warranty. The contract may actually state that it is being sold without warranty. It may state that a dispute on the contract must be litigated in SC. It may say litigated in SC, but utilize NY law. There are a million things that the contract COULD say. And, again, without seeing the contract, no lawyer can really give you an opinion.
I recommend that you contact a maritime lawyer ASAP and bring all documentation (including the contract/bill of sale, emails, text messages, bank statements, etc.) to the lawyer for a consultation. Then you can truly have an appreciation for what your rights and liabilities are.
If you do not know where to look, you can find a maritime lawyer on avvo.com, at www.mlaus.org (Maritime Law Assoc. of US, and www.seali.com (SE Law Institute).
Good luck.See question
Hurt arm working on tug boat. Boss sent me to walk in clinic and doctor there want me to see specialist but company wont pay for see specialist. Captin crew and shore bosses all laugh and call me wimp and little girl and pussy and other bad names....
I was going to provide a referral to a lawyer at the Maritime Law Association or SE Law Institute, but my colleague Alan Richard beat me to it.
If I recall correctly, the one that he missed was searching directly for a maritime lawyer in your area on Avvo.com.See question
I tripped an fell offshore injuring my back.an im ready to get on with my life been 9months so far an i already had my deposition.
I agree with my colleagues 100%.
First, you can make an offer to settle st any time. The other side can make an offer to you to settle at any time. There is no settlement unless both sides agree and agree to settle all issues.
Next, where you were when you were hurt, what you were doing, the kind of work, etc. all play into the Shen, why, how, and how much a settlement will be.
If you do not hire an attorney to help with your case, you absolutely should consult with one to make sure you are aware of the legal aspects of your case today.
You can find an attorney here on avvo.com, at www.mlaus.org, and/or at www.seali.comSee question
I am seeking legal help for friend that is unemployed that has cancer with a craniatomy and is losing his boat where he lives on as he is being evicted by City of Tampa. Please assist me in finding a lawyer that specializes in marine federal...
Got to the Find a Lawyer section here on Avvo. Type in the City where you are looking and the type of lawyer you are looking for (Admiralty). Additionally, you can go to the Maritime Law Association of the US (www.mlaus.org) or the South Eastern Law Institute (www.seali.com) and do a search for lawyers there.See question
I currently "live", I.e. sleep, etc. on my boat (I do have a land residence out-of-state, but am rarely there while traveling) on a 28' sailboat currently located in Florida. The registered vessel is CG (I.e. non-derelict) OK. I have been trying t...
The question of homelessness as to having a residence elsewhere is not the REAL question. The real question is: do you have a home in addition to the vessel in the same location (generally) as the vessel? In other words, if you do not have a place to call home in Miami while the vessel is in Miami, then, without the vessel, you COULD be homeless.
Recently, the US Supreme Court ruled on what makes a boat and a houseboat, etc (Lozman v City of Riviera Beach). The answer the Court gave really clouded the issue and MANY maritime lawyers will argue for generations over the full impact of that decision.
Without knowing the background of your specific issue, I suggest you speak with a maritime attorney in Miami. You can find one here on avvo.com or at the South East Maritime Law Institute (www.seali.com) or at the Maritime Law Association of the US (www.mlaus.org).See question
My partner is a private yacht chef. Recently she took a weeklong gig on an 80' yacht. This was a new company and boat to her. The boat is owned by the charter company. When she arrived before the guests, she learned from the captain that the boats...
Based on the facts provided, maritime law will apply. Whether or not she will be a Jones Act Seaman is a question that should be directed to the maritime attorney.
As mentioned by my colleague here, what are her damages. There seems to be a big scare, for all involved, but it does not seem like she has suffered anything other than mental anguish. Did the chef know of the unsafe conditions? Did she know of them BEFORE the vessel got underway? Was the vessel cited by the USCG or the Canadian CG? Where did the voyage start? Where did the voyage stop?
I believe there are too many unknown factors for any lawyer to competently give advice. It is suggested that the chef contact a Maritime attorney. The chef can find one here on avvo.com or at mlaus.org.See question
I rented a boat slip for the season. Thinking this was regular slip I was given slip that I had to share with another owner. Over night one of my ropes snapped and the boat got loose where it was hitting other vessel. both my and the other boat go...
Under most conceivable ways, you will likely be responsible for paying the debt. You can offer to settle to diminish the liability.
I encourage you to contact an attorney knowledgeable in maritime matters, even if the marina is not on navigable waters. Maritime lawyers tend to know about nuances involved, specifically, when dealing with marinas, harbors, etc. You can find one here on www.avvo.com or on www.mlaus.org.See question
Turned around in a unauthorized intersection
As worded, this is confusing. Who issued the ticket? What were you charged with?
Suggest you give (a copy of) the to a lawyer and have him/her explain the situation.
In MOST likelihood, it is a small fine. Unsure if any points will go on driver's license. Again sit down with an attorney.
You can find an attorney here on Avvo.com or at www.mlaus.org.See question
Everything has been normal until another tenant who runs a business out of his slip (and possible partner with the owner) crashes his boat into my parked boat in a slip while I'm at work and there are plenty of witnessus that confirm it. Now all o...
I have answered this question. I spoke in the phone with either the poster or the brother of poster. I had asked for more documents, as any lawyer would want. I never received anything.
Please reach out to me or any other lawyers and make sure you have all paperwork available.
Time may be an issue and I suggest you act as fast as possible.See question
My son and his 2 friends are on a Carnival Cruise. One of his friends was overheard saying that he looked forward to seeing his Nana in Heaven who had just died. A passenger reported this. My son and his 2 friends were detained in the Dining Ha...
So as to not reiterate what my colleagues have stated, I hope to try a new tact:
What has your son lost, really? From the facts above, it seems as though he lost $60 in alcohol credits. He has had a bad time on the cruise. Does your son want a free cruise out of this? Is it possible to make a mountain out of a mole hill on this case? Yes. Is it worth while? That is for your son to decide.
I presume that your son will post A LOT on social media about the incident. The presumed bad press associated with the post will cause some harm to the cruise liner. But, again, is it worth it?
Others have pointed out that the Captain and those working for him/her were seemingly concerned with the health and well being of one particular passenger. It could be argued that not only were the crew looking out for the safety of all passengers (man over board is a serious issue) but also a potential lawsuit for wrongful death or even a death that was faked for insurance money.
Though I would be very upset under the circumstances, your son needs to ask what he wants. If he does not have a clear indication of what he wants, no lawyer would be able to help him!
Have your son decide what he wants and then go about his day. When he gets back to land, have him call a lawyer.
If he wants to handle this on his own, he can ask for additional credits somewhere else or ask for a refund or something else. Be creative.See question