Marina Slip Breach of Contract?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 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.
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