Re: sold a boat.........and I still have it!
I think you are probably fine. As someone said, you are merely storing an article which you sold but that remains in your possession. While it would be nice if all contingencies were in writing, it seems as though it was understood that the sublease on the marina slip only continued as long as he continued to pay for it. He failed to pay, so you removed the boat. You could have had it removed to dry storage at the marina then billed him for it, but instead you removed it to your own property and are storing it for free. That's a bonus for HIM. And frankly, the slip was in YOUR name, not HIS, so really you had no obligation to leave the boat there in my mind, and if you did, it'd be YOU that was responsible for things when the s*** hit the fan. So I think you did the right thing.
That being said.. you need to send him a LETTER by CERTIFIED MAIL RETURN RECEIPT REQUESTED and do it IMMEDIATELY. NOT an email, NOT a phone call, NOT a text message.. a real, signed letter. Keep a copy of said letter for your record. Take it to the post office to mail it, and get and keep the certified mail receipt. And if the return receipt arrives, keep that too. In the letter indicate in detail what happened - that because he failed to pay for the slip, the lease ended, and you have removed the boat. That to avoid HIS incurring fees at the marina, you have stored it at your own property free of charge. Put the address of where it is stored. Put your phone number and e-mail in the letter, and say that he can contact you to pick up the boat at any time.
If you want, you can indicate a time limit of some kind.
If you do this, I think you will be fine. A real letter is a good CYA device.
Good luck!
DISCLAIMER: In my profile you may notice I am Attorney. The above post is rendered solely in my personal capacity and is not a legal opinion or legal advice of any kind. I would never render any kind of legal opinion with the limited information I have here, and I'd never do it over the internet. If you have concerns, I'd encourage you to see a lawyer about this.
(sorry, but I have to toss that in there)
I think you are probably fine. As someone said, you are merely storing an article which you sold but that remains in your possession. While it would be nice if all contingencies were in writing, it seems as though it was understood that the sublease on the marina slip only continued as long as he continued to pay for it. He failed to pay, so you removed the boat. You could have had it removed to dry storage at the marina then billed him for it, but instead you removed it to your own property and are storing it for free. That's a bonus for HIM. And frankly, the slip was in YOUR name, not HIS, so really you had no obligation to leave the boat there in my mind, and if you did, it'd be YOU that was responsible for things when the s*** hit the fan. So I think you did the right thing.
That being said.. you need to send him a LETTER by CERTIFIED MAIL RETURN RECEIPT REQUESTED and do it IMMEDIATELY. NOT an email, NOT a phone call, NOT a text message.. a real, signed letter. Keep a copy of said letter for your record. Take it to the post office to mail it, and get and keep the certified mail receipt. And if the return receipt arrives, keep that too. In the letter indicate in detail what happened - that because he failed to pay for the slip, the lease ended, and you have removed the boat. That to avoid HIS incurring fees at the marina, you have stored it at your own property free of charge. Put the address of where it is stored. Put your phone number and e-mail in the letter, and say that he can contact you to pick up the boat at any time.
If you want, you can indicate a time limit of some kind.
If you do this, I think you will be fine. A real letter is a good CYA device.
Good luck!
DISCLAIMER: In my profile you may notice I am Attorney. The above post is rendered solely in my personal capacity and is not a legal opinion or legal advice of any kind. I would never render any kind of legal opinion with the limited information I have here, and I'd never do it over the internet. If you have concerns, I'd encourage you to see a lawyer about this.
(sorry, but I have to toss that in there)
