
Originally Posted by
Wdnich
Repossesions can only take place where there is a valid lien. A lien has to have an established date prior to the date of sale recorded on a legal bill of sale. If Vetus had a established lien dated prior to the date of sale, then this is an encumbrance that has to be released. The builder had no right to give permission to Vetus to remove the items. This is a private vessel now, in the possession of an owner. Possession does not have to be at his residence. All of you think about where your vessels are docked or stored. Does not matter where it sits, a bill of sale is a bill of sale. I do not fault Vetus for attempting to recover their funds, but I see the builder failing to inform Vetus of all the information at hand on the vessel. The builder is at fault for being a simple dead beat, and Vetus is at fault for putting their trust in a builder that had already stiffed them on the bow thrusters. I have dealt with Vetus on several occasions and their professionalism and customer service is great. In my opinon both Vetus and the buyer were mislead and cheated out of hard earned money.
Look at it simpler terms, a mechanic installs a new starter he procured from A major autoparts supplier. The mechanic fails to pay the supplier. So now the supplier travels to a private residence and removes the starter in the driveway after an owner has paid for service. The supplier would go to jail. Simple. Take heed though the next time you walk up to your docked boat, and your 3 months old electronics package you paid 5k for is missing, you better contact the installer and make sure they paid the supplier.
The biggest lesson to be learned is, in this economy no one is above stealing you blind.