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Problems Getting Title to a Boat

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  • 09-23-2010, 01:31 PM
    McDougal
    Problems Getting Title to a Boat
    My question involves vehicle registration or title in the state of: Florida.
    I purchased a 10' jon boat from someone who purchased it from someone who purchased it from ..... The state records office gave me the last registered owner's (from 1996) name & address. I sent a certified letter to the address & it was returned - no longer at the address. The state says I have to go to court to get the title. What is the procedure for doing this?

    Thanks, what a lot of trouble for a $100 boat!
  • 09-23-2010, 02:29 PM
    jk
    Re: Florida Boat Title Issue
    are you willing to spend a lot more than you paid for the boat to gain title? and then still not be guaranteed getting the title?

    If it were me, I would sue for a rescission of the sale since he person that sold the boat to you had no legal right to do so.
  • 09-28-2010, 07:45 AM
    McDougal
    Re: Florida Boat Title Issue
    I take that to mean that you have absolutely no idea the answer to my question! Well I sure appreciate the crap you spewed - not.
  • 09-28-2010, 08:18 AM
    aardvarc
    Re: Florida Boat Title Issue
    Vessels work just like cars in Florida. Titles need to transfer from one owner to the next. Joe can only sell you a boat that Joe legally owns (ie is titled in Joe's name). John, even if in possession of the boat titled in Joe's name, cannot legally transfer ownership - since he doesn't own it. If several owners passed the boat along without following these procedures, then the vessel is still legally owned by the last person to have the registration in their name. If you can't locate the previous legal owner, then as stated in DMV procedure TL-07, you will need a court order before a certificate of title will be issued to you. The court will want to see proof of purchase, and your documentation of what steps you took to locate the registered owner. Contact your local Clerk of Court for their procedures to bring your motion before the court.

    THEN, be prepared for the court to ask if you've had FWC issue you a Certificate of Compliance (cost: $300) which will show the court that (a) law enforcement certifies that the vessel hasn't been reported stolen, (b)that FWC has made a good faith effort to locate the previous owner, and (c) that a vessel inspection was done and the vessel was deemed seaworthy.

    If you skip those steps, the odds of the court ruling favorably on your motion start to decline rapidly - in which case you're not only out the money, but in possession of a vessel that you can't get registered; the remedy being to sue the person who sold you the property improperly in the first place.
  • 09-28-2010, 08:47 AM
    Mr. Knowitall
    Re: Florida Boat Title Issue
    Last I checked, the filing fee for a lawsuit in Florida was $295, and you can't sue for title in small claims court. That's before the cost of serving your lawsuit on the original owner, whose address you don't even know, or motion fees and costs associated with obtaining permission for substituted service. And yes, there's no guarantee that you'll win - the original owner could claim that he never sold or gave away the boat and that he wants it back.

    It was childish of you to attack jk for pointing out that your most logical remedy is to seek a refund, given that you've described this as a $100 boat.
  • 09-28-2010, 02:25 PM
    jk
    Re: Florida Boat Title Issue
    Quote:

    Quoting McDougal
    View Post
    I take that to mean that you have absolutely no idea the answer to my question! Well I sure appreciate the crap you spewed - not.

    Iwasn't going to hunt down statutes for something that I knew would cost more than the boat cost if you weren't going to consider doing it. I asked the questions I did because of that.

    Now I simply won't bother because you are an ass.
  • 09-29-2010, 07:05 AM
    McDougal
    Re: Problems Getting Title to a Boat
    Opinions are great but we all know what they resemble. I asked a relatively simple legitimate question to which I desired an answer. Seems like getting a straight answer isn't that simple and straightforward. Didn't mean to upset anyone but if you don't know, or wish to research, the answer - don't! Thank you aardvarc for the answer. That's what I neded to know.
  • 09-29-2010, 09:03 AM
    jk
    Re: Problems Getting Title to a Boat
    I also asked a relatively simple legitimate question as well to which I desired an answer. Was yours any more important than mine?
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