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Unread 05-29-2015, 08:21 PM   #1
austin6137
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Sold a boat and having issues

Ok about 4 years ago I put a boat and trailer in my name for my uncle( it's a long story as to why but I did). Anyway time goes by it just sits at my uncles house unused he took it out once. About a month ago he traded it for a car trailer that my uncle put in his name and he took the boat to the old mans house. My uncle has been using the car trailer and all is good on that part. The guy that now has my boat never got the title transferred. He didn't have the money that week. After I learned about the trade a day or two later I told my uncle I wanted the boat out of name within a week. Well the guy hasn't gotten back to him and that was 3 weeks ago. My uncle has been trying to contact him and getting either excuses or no response. Well I'm now planning to go take the boat back Sunday unless he transfers it tomorrow by some miracle. I'm just looking to see if I'm being unreasonable, which I feel I've been more then generous and stupid. My main fear is the guy taking the boat out and getting hurt or someone else getting hurt and then I get sued of fined whatever. If it was at my uncles and the guy never picked it up after the trade I wouldn't have cared if it sat there and rooted to pieces. But I don't know this guy and I have no reason to trust him.

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Unread 05-29-2015, 09:03 PM   #2
TexanTJ
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Not sure if PA has this, but in Texas, you can file a notice with the state that "you have sold or disposed of a vehicle". Usually this is wise so toll violations and parking tickets don't get sent to the previous owner. Perhaps PA has something similar.

Or you and your uncle go to a bank, draft a bill or sale on the boat, and have it notorized. Then you can just hang onto it for your records.

Lastly, if you do choose to go repossess your property (since that's really what it is), I would call the non emergency police line and ask that an officer accompany you as a "courtesy standby"
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Unread 05-29-2015, 11:24 PM   #3
chris87xj
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Assuming new owner has a receipt or bill of sale, your removing his boat from his premises could likely be interpreted as theft.
It seems possible you could be taking this a bit too seriously. Here in the great midwest, all I need to do is go online to the local BMV website to document a vehicle as sold and remove it from my name.
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Unread 05-30-2015, 07:31 AM   #4
austin6137
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In pa you must transfer the title at a notary. The notary sends the old title to Harrisburg and a new title is issued by the state to the buyer then mailed to them. If it's not transferred into his name it is still my boat and seeing how I still have titles here at my house the boat is still legal mine and it's my responsibility. Even if I signed the back of the title and gave them to him it's still my boat. if this guy takes it out and dumps it in a lake I'll get the fine cause it's in my name. If he wrecks it's in my name so I'll be the one getting sued. Until it's signed over to him threw a notary in the eyes of the state it is 110% mine
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Unread 05-30-2015, 09:08 AM   #5
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How did you expect him to transfer the title when you still have it? The sale or trade was invalid if not handled properly and at the least if you expect to take the boat back then the other guy gets his trailer back too. Using the logic of still owning the boat and getting it back does not work and if it did you would be seeing a lot of fraudulent sales. That's like me selling/trading my buddies Jeep and then a month later he goes back and get its ( we both win right? ). I think you might be setting your uncle up on a possible theft charge or something?

There is probably a simple process if you check with the PA Fish and Boat Commission. I know most states have a form or process for a notice of transfer and release of liability.
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Unread 05-30-2015, 09:28 AM   #6
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Dude did you even read what I typed. The buyer won't meet me to do the transfer. I can't just give him the title and let him go on his way, I have to transfer it threw the state and the guy do it. You can't do a title transfer online or over the phone. Both parties have to do it in the presence of a notary. Right no that boat has my plate on the trailer and the boat registration is in my name. Who the **** do you think that is gonna come back on if something happens, not the ****ing buyer cause it's not ****ing registered to him he has no ties to the god dam thing.
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Unread 05-30-2015, 09:34 AM   #7
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I gonna take the boat back tomorrow, he's ignoring calls and won't meet me. I'll park the boat at my parents house. Then he can't take his time getting the trailer transferred I don't care then. Once I sign it over to him at the notary he can have it I'm not taking it back to resell. But I'm not leaving him have it and get me fined or worse till its out of my name. After that idc what he does with it.
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Unread 05-30-2015, 11:01 AM   #8
jnicewan
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Hey, calm down my comment was about when the transfer took place. Are trailers different or titled too, how did your uncle transfer the trailer to his name? I Yes the guy should not have completed the deal without the title and doing it properly, but your uncle should not have completed the transaction either. Basically your uncle traded a stolen boat, or one that was not his if that sounds better. I think the other guy might have a leg to stand on to have your uncle charged with a crime and attempt to get his trailer back.

How are you going to take the boat back, is it parked in a public place or private property? Have you spoke with a sheriff or anyone about repossession or if this falls under repossession procedures?
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Unread 05-30-2015, 11:57 AM   #9
austin6137
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The guy transferred the car trailer to my uncle that's all done. The boat title and boat trailer title are in my name. The guy didn't have the money supposedly for the transfer fees which would be $200+ for new plates and registration and all that crap. He was supposed to do it the following week end but never did anything after that. So he could be out using the boat under my name. It's like selling your jeep the guy pays you and leaves withe you plate and everything.
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Unread 05-30-2015, 01:01 PM   #10
Dngrs1
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I agree with Austin, repo the boat/ trailer with the intent of forcing him to transfer to his name. Let him take possession when the papers are in his name.
If the guy that has the boat, now, takes it out and sinks it, Austin will be liable for recovery fees and such because he is the legal owner.
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Unread 05-30-2015, 06:17 PM   #11
Smeg
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Quote:
Originally Posted by austin6137 View Post
. Both parties have to do it in the presence of a notary. .
Actually, if you read the PADMV page, it says nothing about both parties having to be there at the same time. A signed Title that is notarized will keep you out of legal trouble should any of your aforementioned scenarios suddenly happen.


Locating the title.
Correctly listing the buyer's name and address on the reverse side of the title.
Accurately filling in the odometer reading.
Printing and signing your name on the title before a notary public.
Removing the license plate (you can keep it or give it to PennDOT).
Handing over the title to the buyer, who will complete the process by following the steps mentioned below.


http://www.dmv.org/pa-pennsylvania/title-transfers.php
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Unread 05-30-2015, 07:06 PM   #12
austin6137
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By handing over the title signed by me to the buyer would be illegal since that is an open title. So it would need to stay at a notary till he has the money which they won't do. also to get my plate back I need to go to his house. But the guy won't answer calls so I can't do much can I?
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Unread 05-30-2015, 08:59 PM   #13
jnicewan
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Are you going to trespass his property to take the boat? I am just wondering if you have legal access to enter his property for the repossession? .
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Unread Yesterday, 05:38 AM   #14
101gargoyles
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So to make the story short. 4 years ago someone put a boat for someone else in THEIR name because something shady was going on?
WHAT COULD POSSIBLY GO WRONG ? What's that old story about reaping that which ye sow?
All in all good luck to all involved. Hope no one ends up hurt or in jail over it!
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Unread Yesterday, 06:18 AM   #15
MIjeep86
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Quote:
Originally Posted by 101gargoyles
So to make the story short. 4 years ago someone put a boat for someone else in THEIR name because something shady was going on? WHAT COULD POSSIBLY GO WRONG ? What's that old story about reaping that which ye sow? All in all good luck to all involved. Hope no one ends up hurt or in jail over it!
Why does it he to be something shady? I put my brothers 6 seater Ranger in my name. He pays me every month and I make the payments. He didn't have sufficient credit to obtain it but makes a good living to afford it.
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