Legal Question

AlleyBoats

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Ok guys, help me out here. I sold a gentleman a boat 8 to 9 months ago. He paid for the boat in full. Cheap money. He told me he would pick the boat up that weekend. I have not heard from him since and attempts to contact him have been unsuccessful. During this time I have had to move the boat three time at $185 a pop. What to do?????????
 

Eastporter

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I would contact the local police and let them know that the boat has been abandoned by the new owner and let them deal with it. It sounds like this boat has become a hardship since you have had to pay out of pocket to move it several times. I'm sure if you show them a bill of sale and transfer of title it will help to prove your case. I would remove all registration numbers and decals before it is removed from your property. Maybe the police will require you to send a certified letter to the new owner in which case you may want to charge him for the relocation fees. I'm not a lawyer, but the police will probably know the laws on abandoned property.
 

captainlarry84

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Ok guys, help me out here. I sold a gentleman a boat 8 to 9 months ago. He paid for the boat in full. Cheap money. He told me he would pick the boat up that weekend. I have not heard from him since and attempts to contact him have been unsuccessful. During this time I have had to move the boat three time at $185 a pop. What to do?????????

On sale did you transfer the title & ownership to the new owner? If so you became responsible for those moves and you are stuck. I would have had a marina pick up the vessel & explain the problems of your sale. Once they get they can lien the boat and recoop their money plus sell it.
If you still have ownership you are in the drivers seat. As suggested put the boat back on the market & refund the other fellow less all of your expenses.
 

AlleyBoats

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I have a handwritten bill of sale. I verbally told the guy he had 6 months to move it or I would resell it. I know, that would never stand up. My plan was to resell it and send the guy the money he paid for it. Not sure now. Don't want to get in trouble. I also don't want to continue to feed it.:)
 

captainlarry84

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I have a handwritten bill of sale. I verbally told the guy he had 6 months to move it or I would resell it. I know, that would never stand up. My plan was to resell it and send the guy the money he paid for it. Not sure now. Don't want to get in trouble. I also don't want to continue to feed it.:)
If you have the title you still are the owner. Your Bill of sale means little plus if you have already waited the 6 months then you are double safe. Plus keep in mind that you are going to give him his money back less about $600.00. So you may end up in some small claims court. At worst you would have to refund the moving money. No lawyer in the world will take this case without money up front. I do think a cert. letter is also a good idea. Then just move on.
 

captjohn

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Legally, you no longer own the boat, so you can not sell it. I would contact a lawyer, and ask them what your options are.
 

oldshell55

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sounds like he has no money and wants you to store it till he ready to put it in the water. talk to a lawyer. or make it disappear, "I don't know what happened to it, I thought you took it"
 

captainlarry84

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Stop with this lawyer stuff. You bill of sale has a 6 month clause plus you still have title. You do not need the expense of a lawyer. Just move on. As stated maybe small claims court at best. You are refunding the money. One last question what was the selling price so we have a better handle on this deal.
 

oldshell55

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I'm only suggesting to talk with someone who can tell him what he can legally do for himself, he obviously is unsure or would not be asking
 

Badlatitude

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Draft letter stating his 6 months expired X amount of months/days ago. Also state due to him not picking up the boat as agreed you had to pay to move it X amount of times at cost of (IF you have receipts) Also include copies. Mail it to his stated address. Ask him to please remove the boat or contact you so you can refund his money.

Head to your bank. Open an account and deposit the funds in its own account. Have your bank notarize the letter. Make copies.

Mail letter and photo copies of receipts outlining his breech of contract asking him to remove it or contact you for a refund immediately. If the contact has expired past 90 days most states consider that abandonment. especially with a lien ( cost of moving it 3 times)

Mail it certified mail with delivery conformation.

This way you showed due diligence in attempting to resolve the situation.
 

Badlatitude

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Capt Larry, The written word will prevail if he needs to go to court. The 6 months was a verbal addendum, not enforceable. also the op has created a record here.

You cant just abandon of boat, car whatever. Most states consider 90 days abandoned. No matter what his bill of sale says. There was no title transfer
 

captainlarry84

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Amazing Ok so lets say the boat fails off a trailer. Someone gets hurt. They run the HIN and you are still the legal owner. That bill of sale will mean little in a court if it came down to that. I hope you as still legal owner are maintaining insurance on a boat that is still legally in your name.
This is common scene.
 

Roy-c

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Legal advice

O.K. Here goes. First of all get competent legal advice. The rules change greatly state to state. I am in Mass. and here the laws regarding this are a nightmare for the seller. You have not exercised due diligence as you did not send the buyer anything via certified mail. Your verbal agreement is worthless and you should never sell anything and retain possession of it without a written agreement with the specifics in it signed by all involved. This is a sticky situation at the very least and you need to talk to a lawyer. You apparently no longer own this boat and therefore cannot make a decision regarding the disposal of it.
 

BunkerMan

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Possession is 9/10th of the law!! In my opinion but according to my lawyer it belongs to the purchaser and that the purchaser is responsible for the accrued charges for storage as well as any other additional chargers. Local laws will prevail but there needed to be public notice issued and papers filed for abanded property in accordance with local law.
 
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