What should I do?

[warren631]

I gave away my 26D for $1 since i am getting too old for sailing and going to loose its slip and didn't want the bother of moving it. Buyer said he will move the boat asap. I gave the buyer the title. its been three weeks of good weather and the buyer doesn't seem to have any intention of moving the boat. Its perfectly sailable. I have called him and texted him often to get it moved. Will i be responsible for future slip cost? What should I do?

[NiceAft]

If you haven’t already done so, contact an attorney for legal advise.

Do you have any friends or family that are layers? Are there any legal services which offer free services in your area?

This platform is not qualified to offer legal advice.

[kmclemore]

If you didn’t get a signed bill of sale, you’re in a bit of a spot, since you have no proof of ownership transfer. I would start by going to the management office of the slip and explain the problem, giving them the name and contact information for the new owner. I would also ask them for their advice as to what they think you should do.

And, as Ray noted, I would engage an attorney to see if they have advice - I would think that a letter from a lawyer would perhaps have some effect.

[Russ]

I agree with the advice above. First I would explain to the marina. Then I would get some legal advice. Many municipalities have free legal resources for things like this.

This is an interesting situation and may be the result of the "buyer" having no skin in the game. If they had some money to lose, it might be more motivating.

When I sell a vehicle, I always create 2 copies of a Bill of Sale and have the buyer sign both and keep one. This provides proof of transfer if the buyer doesn't register the title in a timely fashion and something happens.

[kmclemore]

When I sell a vehicle, I always create 2 copies of a Bill of Sale and have the buyer sign both and keep one. This provides proof of transfer if the buyer doesn't register the title in a timely fashion and something happens.

Imagine if someone would be hurt or injured on (or by) the boat? Or if the new owner clobbers someone in it? You have no proof of sale, and the buyer knows it... so you'd retain all the liability and the buyer would be headed for the hills. Nope, nope, nope.

Like Russ, I make them sign a bill of sale - if they want a copy I can make one for them - and then we go together to a proper title place (there's one near me I use all the time) and I transfer the title and accept payment in front of the clerk, so there's a strong legal record of the transaction.

I don't want *any* responsibility for a vehicle after I've sold it! I may have an umbrella insurance policy, but I definitely never want to use it.

[NiceAft]

Since the error has already been made; you guys are throwing salt on the wound. Just saying.



Oh yeah, just corrective criticism, be nice to me too

[warren631]

thanks guys. the buyer finally took the boat yesterday. I can sleep tonight. Police called today saying the boat must be moved from wherever buyer docked it. I was happy to tell them it was sold.

[NiceAft]

thanks guys. the buyer finally took the boat yesterday. I can sleep tonight. Police called today saying the boat must be moved from wherever buyer docked it. I was happy to tell them it was sold.

That’s good news captain.

Now don’t make the same mistake twice. Prove you can teach an old dog new tricks.

[Stickinthemud57]

Since the error has already been made; you guys are throwing salt on the wound. Just saying.



Oh yeah, just corrective criticism, be nice to me too

That is true, but salt has a curative effect as well, pun intended. These comments could be helpful in preventing others from experiencing the same problems.

I'm very glad to see the OP is seeing some positive results from his efforts to get past this situation. It seems to fall in the "no good deed goes unpunished" category.

A few years ago I had "had it" with the seemingly endless repair/use/repair cycle I was experiencing with my power boat and decided to let it go for $100. 100 and not 1 because I wanted to try to cull out those with only a passing interest. A young man came to get it, and even paid me a little extra, saying he would rehab it for use by his fellows at the fire station he served at. All was fine until I started seeing charges on my TollTag account for the license plate on the boat. Luckily I still had his number. When I called I learned that he had sold it to a third party. I held back on my urge to call him a lying SOB, and told him he needed to make sure that his buyer made all the necessary title and license transfers lest I hold him liable for them. Apparently he did since the tolls stopped and I no longer get renewal notifications from the DMV or Parks and Wildlife.

From that experience, I always made it a point to get a photo of the buyer's driver's license should I need to deal with such issues selling trailers and motor vehicles.

After this story, I may take it a step further and demand that a certain amount of money be paid to and held by me until the buyer produces proof of transfer of title and licensing (friends and family excluded, of course) within an agreed amount of time. Maybe $100 or $200. This would show the buyer this is important, and incentivize them to take care of these responsibilities in a timely manner.

Again, I'm glad the OP got the buyer to step up. Part of me aches that age was a factor in his sale. Someday, sadly, we all go there. Best wishes for his future hobbies and adventures!

[NiceAft]

Someday, sadly, we all go there.

Old sailors never die, they just get a smaller dinghy.

[warren631]

New update. This story hasn't ended. Had a call a few days ago from police saying I had to move my boat from a private property. I told them I had sold it and it wasn't mine anymore (or is it until buyer registers it?). I gave the police buyers name and phone number.
Yesterday, sometime, the 'buyer' brought the boat back to my slip and left it without even tieing it up. Got it secured. It was closed and locked and buyer has key to cabin (I have another spare). I sent him a text asking what's going on and I asked for the title back if he doesn't want it. Text didn't go through. Guess he has blocked my phone. I know his address. So what should I do now? Can I donate or sell the boat without a title? Should I complain to police that 'buyers' boat is not permitted in my slip? How can I get rid of a perfectly good 26D, seaworthy with everything including an almost new motor but without a title? Anyone want to take it out of my life?

[kmclemore]

So what should I do now? Can I donate or sell the boat without a title? Should I complain to police that 'buyers' boat is not permitted in my slip? How can I get rid of a perfectly good 26D, seaworthy with everything including an almost new motor but without a title? Anyone want to take it out of my life?

As for the title, you can get almost certainly a replacement title from the state - I'd recommend going in person, however, and not doing it by mail... easier to explain the situation, quickly answer questions, etc.

You could also start an action in small claims court, to press him to compensate you for the harm he has caused.

As for the legal issues related to this, I'd strongly encourage engaging an attorney.

Now, I'm NOT a lawyer and I never even played one on TV.... but ... IMHO...

• You can't give away or sell the boat to someone else - it's not your property.
• Assuming you have his address (or can obtain it), send him a certified letter explaining that you will begin to charge him storage after a particular date. Then, commence sending him regular invoices (weekly or monthly) for these costs. Place a lien on the boat when the bills are unpaid and overdue. They you'll need to go to court to get a judgement and then sell the boat to cover the unpaid invoices.
• Another alternative would be to send him a certified letter, returning his $1 and nullifying the sale. Require that he respond before a certain date if he objects to this action. If he does not object, use the replacement title to give away or sell the boat to someone else.
• Yet another alternative is to personally deliver the boat to him at his place of residence... if it comes back, it's yours.

[NiceAft]

Hmmmm. I don’t know Kevin; maybe you are an attorney?


Warren631,

All kidding aside. Stop pushing the inevitable legal problems down the road. Find an attorney; quickly

[OverEasy]

Hi Warren631

Follow these suggested steps ASAP:

1) Get a REAL ATTORNEY
2) Listen to the REAL ATTORNEY
3) Any questions see Item 1 above

There is no such thing as ‘giving away’ anything with any form of registration or license.

There is no point to a handshake agreement.

Keep a copy of any and all documentation either by photo or preferably by photo copy with all parties signatures and dates.

Get and keep a copy of valid ‘current’ buyer’s Driver’s License and proof of residence such as utility bill in the buyer’s name and address that matches the driver’s license.

I personally have a “sold as-is no wants or warranties given nor implied” with any and all identifying characteristics ( colors/ models/ years/ serial numbers/ manufacturers )
->Including those DNR registration numbers<-
->Including engine ID characteristics<-
->Including Trailer ID characteristics<-
->Including any Electronics (GPS)<-

Then I NEVER EVER give ANY LICENSE TAGS.
The buyer can go get his/her own.
NOT MY PROBLEM.

If the buyer balks then there is always another buyer. End of story.

Then immediately after an ownership transfer I IMMEDIATELY contact the appropriate regulatory agency to inform them that and ownership transfer has occurred with the specifics verbally and in writing providing them a copy of the sale documentation.
Right after that, or in parallel, I inform whatever insurance provider the same notification and documentation.

Keep a permanent record of all documentation and when the agencies and insurance where contacted, who was spoken to and to whom/where/when documentation was sent via registered receipt mail or FedEx/UPS/DHL receipt/delivery.

There is a reason things have registration and insurance requirements. You’re not doing yourself, or anyone else a favor by not doing this.

Get a valid attorney and listen to him.

Once you get this sorted out and get a clear title reestablished actually take the time to actually sell it properly or donate it properly to a valid appropriate charity or non-profit.

Best Regards
Over Easy

[Russ]

Wait....he just dumped the boat in the slip without tying it up? What? What happened to the dock lines you had?

Is there no trailer? So you can't just retrieve the boat and bring it someplace else?

Where was the boat when the police contacted you? On land? Another slip?

You can often find free legal counsel at your local/county courthouse.

It would appear the "buyer" doesn't want the boat. Knock on his door and demand the title back. Get a new title. Sell/donate the boat to a normal entity.

Please keep us posted. This is an interesting situation. It would appear when the "buyer" only had $1 at risk, he blew it off.