Marina Slip Breach of Contract?

UPDATED: Oct 1, 2022

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Marina Slip Breach of Contract?

I signed a contract for 177.20/month 10
electricity for a 21 foot boat in a 24 foot slip.
The marina manager gave me a deal on the
bigger slip because they have tons of empty
slips not a desirable location. I paid a total of
393 for first last and key deposit. I asked the
manager to send me a copy of the contract,
she never did. I emailed 3 times and called to
pay over 2 additional months without a return
call/email. I went in today, that manager is no
longer there, and they are now demanding,
after lying about the old rate, I pay 212 for the
2 months at the 24 foot rate. They showed me
the contract with a red pen through the old rate
that I signed for and 212 written in the same
red pen, something I never agreed to or
signed. What should I do?

Asked on November 7, 2017 under Business Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Show them the proof of payment of the first, last, deposit, and next two months, and explain that the fact the marina accepted $177.20/month for four months provides proof that was the correct amount. State further that the contract they are showing you is NOT the one you signed and that by changing the amount after the fact, they are committing fraud. Let them know that if you attempt to take any action against you based on the claim that you owe more than you agreed to pay, you will file a consummer fraud action against them and also report their alteration of the contract to the police. Then, if the won't back down and they take any action, carry through on those statements.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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