Need attorney Cape Coral Area

The friendliest place on the web for anyone who enjoys boating.
If you have answers, please help by responding to the unanswered posts.
See posts with no answers
N

Njlarry

Senior Member
Joined
Nov 21, 2019
Messages
167
Location
Usa
Please help!
In November we charted a 44 trawler to see how we would like one. It was only a two day charter and we had a Coast Guard Captain of their choice on board at all times underway. All was uneventful. At the end we spent some time washing the boat down from stem to stern. Their captain checked us out and we departed after checking in with the office staff. As a condition of the charter we were required to send a check for 8K as a security deposit that was supposed to be returned in no more than 30 days. Well the 30 days came and went and no check.
Called them yesterday and office said mentioned they had a diver go down to find prop damage?? Called to day manager away on the dock.
I need to hand this to an attorney. Have several friends here but they are NJ bar not Fla.
This is driving us crazy. Any recommendations?
Thank you
 
I'm too far north, but good luck. Keep us posted.

Welcome to TF.
 
Well, that sucks. How do they know that it happened on your charter. I would expect them to examine the boat while you were there so you could see the damage and agree or dispute the damage. After you leave anything could have happened. They could have run it aground or something. How are you to know what they did or didn’t do after you left. Good luck.
 
Nice. You had THEIR captain on board at all times, and they want to charge YOU for prop damage!

PM sent
 
SCAM ! Call State Attorney General.
 
It would be like renting a car from Hertz, or some other car rental company, and after you turned the car in a couple of days later they say you damaged their car. My position would be that they lost their chance to claim I damaged their car when they checked it in and didn’t bring it to my attention. As to it being the props, they run a business that deals in boats and not to check out the boat thoroughly when it was returned then too bad for them, they should know better. They should have a set of diving gear and dive the bottom when it is returned. If I were to charter a boat in the future I think that I would want to check out the bottom before I got underway just so this couldn’t happen.
 
Call them out by name, as they just stole your money. The owner needs a personal visit by Serge Storms.
 
Assume the 44’ charter has two props. Even if you did damage the props beyond repair, $4,000 each is about twice what those props are worth.
 
I doubt the Fl attorney general will be much help but as they refuse to communicate with me court is my only option along with asking the GC to remove the capts license who did apparently not keep the ship and passengers safe. While we were aboard the boat showed no vibration at any rpm range. Also have to wonder what took so long and why I still heard nothing till I called yesterday.
 
They will need good evidence of the condition of the props before your charter,as well as after.You may be able to join their Captain as a party from whom you claim indemnity. What does the Agreement say? Were you required to take insurance for this kind of risk?
Have you searched to see if anyone else has similar experiences with the charter company.
Unfortunately you are getting plenty of advice but no suggestions as requested of a suitable lawyer. Maybe your friends in NJ can contact someone in the area for suggestions.
 
When you do find a suitable attorney you need to have him/her respond to this suit but also consider filing a suit of your own for extortion. You would be amazed at the response.
 
Njlarry said:
I doubt the Fl attorney general will be much help but as they refuse to communicate with me court is my only option along with asking the GC to remove the capts license who did apparently not keep the ship and passengers safe. While we were aboard the boat showed no vibration at any rpm range. Also have to wonder what took so long and why I still heard nothing till I called yesterday.
Click to expand...

Did you talk to the owner of the charter company? You mention speaking to others but this is the type thing to talk courteously to the owner about. Also, did you speak to the Captain and ask them about damage? And, last, did they offer a damage waiver on the charter and did you take it out?

This really doesn't seem in keeping with the two charter companies I'm familiar with on the west coast of FL.

Unfortunately, timing is very much against you right now, just finding an attorney, getting correspondence and responses. If you've spoken to the owner, I might suggest you send a certified letter requesting immediate return of your deposit and allowing them ten days from the receipt of the letter, before you take legal action. Make sure you send the letter to their registered agent.

At to the props, they would have to provide proof of payment for repair or replacement and proof of the reason for that repair or replacement, basically a statement from a professional prop shop.
 
Did they charter or move the boat after you returned it?
Someone else could have damaged the running gear after you returned the boat.
 
I have called the charter company twice and each time a different one claims she does not know all the details and I will be called back but I am not called back to find out what is going on. They are I believe in breach of contract for not giving a refund within 30 days as agreed. Also the captain and licensed yacht agent are deceptive at best.
We have bareboat charted many times and never had anything but positive experiences before.
 
IF you determine the boat was chartered after your return, I would suspect you would be home free.
Seldom does a company ignore an attorney and the 'suggestion' they are about to be sued.
I will warn you, attorneys will try to avoid court, that means a 'settlement'.
Have they repaired the boat and put it back in charter?
Do they have the damaged parts and or taken pictures of the damage?
I think all attorneys are related to each other. I know the attorney I hired and the attorney on the other side seem to be bestest buddies.
Dont let this situation grow grass. It took 3 years to settle my dropped boat/constructive loss. Your attorney's fees will eat into any settlement you get. I would have been better off, financially, to take the first offer and started my boat search again. I dont know the dollar value involved but, you might consider small claims court. If you go this route, develop a list of questions.....
Dont be afraid of contact the state for their guidance.
I am not an attorney nor do I pretend to be one. I will not give you legal advice but, I did suggest a couple of points for your consideration.
Perhaps a friendly face to face meeting can resolve this???? Take a 3rd disinterested party with you. If they bring an attorney, you bring another attorney.
Ah, take notes if you do meet with them.
As pointed out, they may, in fact, have a history of keeping the damage deposit.
Pictures, receipts etc. Detailed report of the damage etc. Prior to your charter, when was the last time it was hauled and inspected for damage? Was the boat chartered after you returned it, did they move the boat after you returned it, did you request the inspecting captain take it for a spin as part of the return process?
Alas, it may of been existing damage. No one seems willing to pay for a pre-charter 'quick' haul to inspect the hull and running gear. We both learned something here, I hope.
Alas, I am 'running on' here. I'll quit.
Honestly, I'd rather play doctor than lawyer.
Good luck.
There is such a thing as partial settlement. See what they offer.
 
In all our charters I never seen pre and post dives a part of normal procedure. Am I required to jump in too? That would be similar to opening the engine and transmission before and after a car rental. Their captain was onboard beginning, during and after any engine running.
Difficult to discuss with owner as front office staff just pass the buck.
I also think there should be some recourse against the licensed captain who made it clear that he was in command.
Stay away from Cape Coral charter companies.
 
Last edited:
Depending on the company, I’ve had luck with a complaint to the Better Business Bureau. In normal times, even a lack of communication or getting the runaround would be grounds for a complaint. Businesses interested in maintaining their reputation often pay attention to BBB complaints, especially if they are related to fundamental honesty and business integrity. The charter company we used in that area seemed keenly aware of the value of a good reputation. Hopefully, they still are. Good luck.
 
This is an unfortunates situation, but I think that the OP bears some responsibility here. Why an $8,000 damage deposit check is beyond me. I guess that charter company has a very high deductible insurance policy and they make the charterer responsible for it, If so I wouldn't have chartered with them.

My personal rule of thumb is that unless the claim is worth more than $10,000 forget about it unless you handle it yourself in small claims court. Otherwise legal expenses will eat up all of that. Yes you can hire a lawyer to write a threatening letter demanding return of the damage deposit. But filing a lawsuit, forget about it.

A small claims court filing may be the easiest way to get the charter company's attention. Do it for the maximum $ allowed even if below the $8,000 claim. File in Florida even though you may live elsewhere.

David
 
Last edited:
Update. The charter lady just called me back and all appears well. The captain ( and I assume the charter company) are absorbing the cost. So all is well that ends well.
They tell me they have a diver inspect every boat before and after a charter. This new to me in 20 plus years of bareboat charters. Makes me a little gun shy going forward. How can a charterer know the diver didn't miss something and how do you know you didn't "hit a coconut ". In this case I do know we had no vibrations or loud noises.
Anyway, all's well that ends well and I want to thank everyone here for their thoughtful input and support.
 
That is good if they indeed follow through and give you your money back. Keep us informed.
 
Comodave said:
That is good if they indeed follow through and give you your money back. Keep us informed.
Click to expand...

"Absorb the cost"? That may be suggesting either no damage or they attributed the damage to the wrong boat?
Either way, "the check is in the mail.", keep us informed when it arrives.
You can take us all out for dinner. SMILE
 
Last edited:
Njlarry said:
They tell me they have a diver inspect every boat before and after a charter. This new to me in 20 plus years of bareboat charters. Makes me a little gun shy going forward.
Click to expand...

I guess I don't blame them. There is a ton of skinny water around there. Before I moved to Florida, my boating was almost exclusively Pacific Coast, with recreational boating in San Francisco Bay and the Sacramento Delta. I thought Intracoastal/ICW boaters were sissies because they complained about the thin water which I figured could be no worse than the Delta.

Man....was I wrong, and my apologies for silently and arrogantly disparaging Florida big-boaters. Venturing out of the channel is way too ease - Miserable Mile comes to mind. I'll take the big water off the Pacific any day over the skinny water in Florida. You could not give me a set of open props on a sizable boat. For me, more of a white-knuckle ride than 12-foot seas.

Peter
 
Last edited:
mvweebles said:
I guess I don't blame them. There is a ton of skinny water around there. Before I moved to Florida, my boating was almost exclusively Pacific Coast, with recreational boating in San Francisco Bay and the Sacramento Delta. I thought Intracoastal/ICW boaters were sissies because they complained about the thin water which I figured could be no worse than the Delta.

Man....was I wrong, and my apologies to silently and arrogantly disparaging Florida big-boaters. Venturing out of the channel is way too ease - Miserable Mile comes to mind. I'll take the big water off the Pacific any day over the skinny water in Florida. You could not give me a set of open props on a sizable boat. For me, more of a white-knuckle ride than 12-foot seas.

Peter
Click to expand...

East Coast and West Coast boating are so very different. The Delta has it's challenges but compared to areas of the ICW's, it is open water. PNW and Inland route to Alaska has logs as an additional factor but not nearly the number of traps seen in the East. We prefer ocean routes to the ICW anyday.

To the OP, glad you got this resolved. Well, I will be glad when you actually get the check as I'm afraid we're hitting a time when many won't get what they're owed. Everything is so chaotic for most people that there are also going to be more screw ups than normal.
 
Njlarry said:
Update. The charter lady just called me back and all appears well. The captain ( and I assume the charter company) are absorbing the cost. So all is well that ends well.
They tell me they have a diver inspect every boat before and after a charter. This new to me in 20 plus years of bareboat charters. Makes me a little gun shy going forward. How can a charterer know the diver didn't miss something and how do you know you didn't "hit a coconut ". In this case I do know we had no vibrations or loud noises.
Anyway, all's well that ends well and I want to thank everyone here for their thoughtful input and support.
Click to expand...

Trust me. They read all this and the one thing they know in SW Florida is “Serge”. That’s why they dropped this.
 
I have boated both coasts and it doesn't make any difference. West has rocks, sneaker waves and river bars. East has shallow water, some rocks lots of serpentine waterways. In either case you need to be alert and remember that boating is a three dimensional activity.
 
mvweebles said:
I guess I don't blame them. There is a ton of skinny water around there. Before I moved to Florida, my boating was almost exclusively Pacific Coast, with recreational boating in San Francisco Bay and the Sacramento Delta. I thought Intracoastal/ICW boaters were sissies because they complained about the thin water which I figured could be no worse than the Delta.

Man....was I wrong, and my apologies for silently and arrogantly disparaging Florida big-boaters. Venturing out of the channel is way too ease - Miserable Mile comes to mind. I'll take the big water off the Pacific any day over the skinny water in Florida. You could not give me a set of open props on a sizable boat. For me, more of a white-knuckle ride than 12-foot seas.

Peter
Click to expand...
We have a 20 minute canal ride before we get out to open water. We see all the neighbor's boats on their lifts, way to many to count and not one of them have any paint left on their scags no matter how new the out boards are. Including ours. That's Florida boating.
 
You must log in or register to reply here.

Similar threads

H
Shout out for Furuno service
Replies
22
Views
2K
Helmsman
H
M
Bad Deal and I need to get out of it!
2 3
Replies
60
Views
8K
MonarchBeacher
M
T
  • Locked
We got scammed
Replies
4
Views
937
Larry M
Larry M
RickyD
How many things can go wrong in one day???
Replies
14
Views
3K
Dougcole
Dougcole
S
Hot water temperature not staying consistent
Replies
4
Views
486
READY
R

Latest posts

Back
Top Bottom