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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney representing individuals and businesses.
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I asked the boat mechanic at the marina where i keep my boat

Customer Question

I asked the boat mechanic at the marina where i keep my boat to inspect the boat this spring. i did not winterize it last fall following brain surgery last aug (2014). i did not authorize repairs as i had wanted to meet with the mechanic to have him show me the problems. The mechanic went ahead and replaced the engine and other components he decided needed replacements. The bill was about $6,789. the marina will not release the boat until the bill is paid. What recourse do i have?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am sorry to learn of this matter.

The mechanic cannot hold your boat - he does not have a written contract authorizing repairs, and therefore cannot hold the vessel.

While the mechanic cannot charge you for repairs you did not authorize under breach of contract (you didn't have a contract), the mechanic can make a claim under the "quasi-contractual" theory of Quantum Meruit which entitles the mechanic to recover a "reasonable value" for the services which they performed and which you benefit from. (This amount is usually a significant discount from what the mechanic is trying to charge as their regular rate).

These disputes are usually best resolved in mediation - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.

Customer: replied 1 year ago.
We not event allow near our boat. They chains lock my boat. And they send certified letter told me if they dont get full payment by the end of this month. They will have park ranger or some kind of authority take my boat out from marina and will put lien or sell my boat. From this point what first thing should I do?
Customer: replied 1 year ago.
Why would I need to mediation with them? However I do not authorize them. Why would I have to settlement agreement with them for something I do not authorize. And still need to pay?
Customer: replied 1 year ago.
Reply We not event allow near our boat. They chains lock my boat. And they send certified letter told me if they dont get full payment by the end of this month. They will have park ranger or some kind of authority take my boat out from marina and will put lien or sell my boat. From this point what first thing should I do?27 October 2015 10:13Why would I need to mediation with them? However I do not authorize them. Why would I have to settlement agreement with them for something I do not authorize. And still need to pay?
Customer: replied 1 year ago.
asked the boat mechanic at the marina...I asked the boat mechanic at the marina where i keep my boat to inspect the boat this spring. i did not winterize it last fall following brain surgery last Aug (2014). i did not authorize repairs as i had wanted to meet with the mechanic to have him show me the problems. The mechanic went ahead and replaced the engine and other components he decided needed replacements. The bill was about $6,789. the marina will not release the boat until the bill is paid. What recourse do i have?We not event allow near our boat. They chains lock my boat. And they send certified letter told me if they dont get full payment by the end of this month. They will have park ranger or some kind of authority take my boat out from marina and will put lien or sell my boat. From this point what first thing should I do? Relate to the previous answer from expert that I have to mediation. Why would I need to mediation with them? However I do not authorize them. Why would I have to settlement agreement with them for something I do not authorize. And Do I still need to pay?
Customer: replied 1 year ago.
ReplyI dissatisfied with the answer. We not event allow near our boat. They chains lock my boat. And they send certified letter told me if they dont get full payment by the end of this month. They will have park ranger or some kind of authority take my boat out from marina and will put lien or sell my boat.From this point what first thing should I do? Relate to the previous answer from expert that I have to mediation. Why would I need to mediation with them? However I do not authorize them.Why would I have to settlement agreement with them for something I do not authorize. And Do I still need to pay?
Expert:  CalAttorney2 replied 1 year ago.

Dear customer, I am not available to provide you with am immediate reply to your follow up inquiry, I will opt out and allow another expert to respond, there is no need to post further at this time, and your account has not been debited.

I wish you the best with your matter.

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