Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I hired a transport broker to transport my boat from OK to…

I hired a transport broker...
I hired a transport broker to transport my boat from OK to Canada. Have a contract for a price but no specific dates other than they had previously scheduled it for 15 June. The 15 June came and went and his excuse was that someone did not get back to him with a height measurement. The second scheduled pick up was for 22 June and the driver did not show up. They say they are looking for another carrier but my patience is wearing thin because my insurance, customs, accepting marina in Canada all have time limits which is costing me time, money etc.. What can be done with this transport broker? He has acknowledged in a text message to me that their obligation is to transport my boat according to the contract and recognizes that the delay is a problem. He further explains that he could not predict that the driver would not show up but is working on it. At this point, I would rather hire a company from Canada to go down to Oklahoma and pick up my boat. The cost would be twice as much as I contracted for. Is it possible to hire a different transporter on my own and sue this company for the difference? If so under what law? This transport broker is from Florida. thanx. Cherylynn
Show More
Show Less
Ask Your Own Legal Question
Answered in 8 minutes by:
6/23/2017
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,297
Experience: Licensed to practice before state and federal court
Verified

Hello! My name is ***** ***** I am a licensed attorney, admitted to practice in state and federal court. I'll be here to help today! Do you mind if I take a moment to review your question? Additionally, Most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

Ask Your Own Legal Question

Under the Uniform Commercial Code, each party has an obligation on each party that the other's expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party the other may in writing demand adequate assurance of due performance and until he receives such assurance may if commercially reasonable suspend any performance for which he has not already received the agreed return.

Ask Your Own Legal Question

So, in your case, this appears to be a classic breach of contract. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past.

Ask Your Own Legal Question

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

Ask Your Own Legal Question
Customer reply replied 1 year ago
thank you, ***** ***** do this and demand a date for transport. The problem is if the company cannot find a driver/carrier how will I get my boat transported safely at a cost I thought would transpire?

You could hire a new company and then demand from the other party reimbursement for the time/money they cost you by having to hire another individual.

Let me know if you have any other questions. Thanks!

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,297
Experience: Licensed to practice before state and federal court
Verified
Legal Eagle and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 1 year ago
Hi as of today this transport broker company still does not have a carrier to ship my boat. I cannot trust them any longer to do so and I have cancelled with them. They may give me back my deposit less a $75 admin charge and $49.75 credit card processing fee. They say that in their contract they do not guarantee specific pick up or delivery times; however, they did give me a 15 then 22 June pick up dates that failed due to their lack of coordination. Now I have additional shipping costs with another carrier and costs associated with their failure to pick up and ship in a timely manner. What should I do? Thanx. Cherylynn

Hello Cherylynn, I'm sorry to hear about that situation. I'd recommend sending them that breach of contract letter I had suggested previously, which will show them that you mean business. You may also want to consider paying an attorney $200-$300 to draft a letter for you, basically threatening litigation if they do not refund your money. To help get your goods moved, I'd recommend hiring another company to take care of business and sue the other party for the difference in what you had to pay and what you paid the original company.

Ask Your Own Legal Question
Customer reply replied 1 year ago
Hi Legal Eagle, thank you for your response but in their contract with me it states: "True Price Boat Transport does not guarantee a specific pick up or delivery date or time". Mind you, they had already scheduled the 15 June for me, so I trusted that my boat would be picked up then. Do I still have a legal recourse given that clause? thanx. cherylynn

Yes, generally, under contract law, each party has a reasonable time to perform and if they do not it is a breach of contract under the Uniform Commercial Code Section 2-309(1). Specifically, it says, "The time for shipment or delivery or any other action under a contract if not provided in this Article or agreed upon shall be a reasonable time." You can provide this to the other party as grounds for bringing a lawsuit against them.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,297
14,297 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I have a Boat that was contracted with a transportation
Greetings. I have a Boat that was contracted with a transportation company to move my boat from Wilmington, NC to Phoenix, AZ A contractual was signed for a set amount/price. After picking up specifie… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
I hired a transport broker to transport my boat from OK to
I hired a transport broker to transport my boat from OK to Canada. Have a contract for a price but no specific dates other than they had previously scheduled it for 15 June. The 15 June came and went … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,843 satisfied customers
What exactly do I say to the broker to demand my boat be
what exactly do I say to the broker to demand my boat be transported at the contracted price?… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,843 satisfied customers
I have a large boat on Hilton Head Island I hired a mechanic
I have a large boat on Hilton Head Island I hired a mechanic over a year ago to do some work on it. I can't get him to finish it is torn apart and I can't run it . I have given him $4,000 already he s… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
My husband and I moved in 2013 from NC to SW Florida to
My husband and I moved in 2013 from NC to SW Florida to start a yacht charter, boat tour & boat rental business. The marina I contacted told us we could move all of our boats in and start our business… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
We own 18 wheeler company. We hauled a cargo load (machine) for a frei
We own 18 wheeler company. We hauled a cargo load (machine) for a freight broker. Driver struck something while in transit causing damage to freight. Machine was over height but broker and shipper nev… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
I recently purchased a boat in a long distance transaction.
I recently purchased a boat in a long distance transaction. The condition of the boats engines and outdrives were the source of many questions and I even paid to have the Marina do a mechanical inspec… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Does the Carmack scheme of strict liability shield a tortfeasor
Does the Carmack scheme of strict liability shield a tortfeasor who improperly loaded the cargo prior to the time the motor carrier took possession of it. The cargo was subsequently damaged due to the… read more
socrateaser
socrateaser
1,031 satisfied customers
I hired a shipyard to paint my boat. They have done a sub par
I hired a shipyard to paint my boat. They have done a sub par job on the boat, they were 3 months late on the delivery which was indicated on the contract. They have resurfaces the anti skid poorly ma… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
I Recently hired a car transporter to ship my 3 vehicles from
I Recently hired a car transporter to ship my 3 vehicles from Arizona to Colorado. I paid them a deposit and was told the remainder was to be given to the driver upon delivery. I didnt know until the … read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I am an owner of an auto transport brokerage. I have just been
I am an owner of an auto transport brokerage. I have just been served a notice of being in a legal suit from a client who my business arranged transport for back in Sept. of 2011 The physical car carr… read more
LADYLAWYER
LADYLAWYER
Owner of my own law firm
Juris Doctor
6,438 satisfied customers
I need help with an automotive moving broker that quoted me
I need help with an automotive moving broker that quoted me several prices. I opted for the highest price because the broker told me that my vehicle would be ready for delivery in about 4 days. Accord… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Starting 12/6/2011, I put a down payment of $640.00 check
Starting 12/6/2011, I put a down payment of $640.00 check #3110 to buy a Chaparel boat model 18' Bowrider through Monroe Harbour Marina, 531 N. Palmetto Avenue,Sanford, Fl. 32771, xxxxx x cell phone X… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
I contracted with an auto transport broker to deliver a vehicle
I contracted with an auto transport broker to deliver a vehicle to me. I paid the broker in full, yet they did not pay the carrier that delivered the vehicle to me. The broker is out of business and t… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,843 satisfied customers
I am looking for a some advice on internet law (EULA law) We
I am looking for a some advice on internet law (EULA law) We are in the transportation business as a broker. We want to put our Broker Carrier Agreement online through our website and have it filled o… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
I recently sold a 24 ft cabin cruiser Boat thru craigslist
I recently sold a 24 ft cabin cruiser Boat thru craigslist I had had the boat serviced and shrink wrapped for winter the boat was mechanically sound before we stored it for winter . The man who purcha… read more
JPEsq
JPEsq
Attorney
Doctoral Degree
2,132 satisfied customers
I recently shipped some rental displays with a bonded broker.
I recently shipped some rental displays with a bonded broker. He then hired a carrier and shipped my goods. I was billed by broker and paid bill. I now understand carrier, that the broker hired was no… read more
MStrisik
MStrisik
Doctoral Degree
281 satisfied customers
what is the maximum % amount a dump truck broker can charge ...
what is the maximum % amount a dump truck broker can charge an owner/operator when hauling like a sub contractor.… read more
Ed Johnson
Ed Johnson
Senior HR Consultant and Business Devlpm
Bachelor's Degree
6,994 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x