Yachting Monthly asked the CA to assist with a difficult question from a reader.
The question asks about the right a marina has to force its berth holders to use its recommended broker when selling a boat. The CA has investigated the situation and found out that the berth holder has a right to fight the contract.
Question to Yachting Monthly:
I recently received the following from my marina as part of a newsletter (below). I remember that you published some advice on this subject a while ago. My query is, is it legal and can it be enforced?
SELLING YOUR BOAT FROM OUR YARD OR MARINA Some of you may not realise that Holyhead Marina has a joint venture with Yachtshop to provide all your brokerage needs on this site. All boat sales from our premises must come through Yachtshop who will offer competitive and professional services.
Those of you who still require alternative specialist brokerage services may still make arrangements with your broker to work with Yachtshop as the lead broker and split commissions accordingly.
There are no exceptions to this and this requirement is written in to your berthing/storage ashore licence agreements. Please respect this requirement and refrain from displaying for sale notices or arranging private sales on our premises. We can provide you with the most competitive and professional brokerage services right here on site as well as reaching out into the international market place. Boat viewings are easily arranged and there are convenient external displays for browsing customers.
Read our reply in the member’s section