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Started By
Message
Boat
Posted on 4/3/18 at 10:11 am
Posted on 4/3/18 at 10:11 am
I had recently completed an acquisition of a boat. I had purchased it from a friend, but he passed away before we could complete the paperwork. We were able to have his widow complete all of the paperwork as it should be.
My problem is that my kids have gotten into fishing, and the boat is not big enough. Do I need to register the boat and trailer prior to selling it?
My problem is that my kids have gotten into fishing, and the boat is not big enough. Do I need to register the boat and trailer prior to selling it?
Posted on 4/3/18 at 10:25 am to infantry1026
You should be good with the titles
This post was edited on 4/3/18 at 10:26 am
Posted on 4/3/18 at 10:31 am to infantry1026
So you bought a boat from your friend for cheap.
And now you're going to turn around and sell it for a profit?
I sold a truck to my friend a few years back, because he was begging me to sell it to him for years.
He turned around and sold it 6 months later and made a couple grand.
Don't be that guy.
And now you're going to turn around and sell it for a profit?
I sold a truck to my friend a few years back, because he was begging me to sell it to him for years.
He turned around and sold it 6 months later and made a couple grand.
Don't be that guy.
Posted on 4/3/18 at 11:53 am to YawBaw7
I’m not making a profit, actually losing money
Posted on 4/3/18 at 12:25 pm to YawBaw7
Once you sold it, it's none of your fricking business what the next owner did.....
Posted on 4/3/18 at 1:27 pm to infantry1026
I bought a boat last year and just sold it last week for more than I bought it for. So what.
Posted on 4/3/18 at 2:32 pm to infantry1026
quote:
I had recently completed an acquisition of a boat.
No, you didnt. You began acquisition. You didn't complete it.
If you have a notarized bill of sale, simply go and get it registered in your name. Unless you have a notarized bill of sale transferring ownership to you, you do not own this boat. Your friends heirs immediately took ownership of it when he passed. I know this can be difficult for some to understand, but it's the law. Possession and ownership are two different things. If you want to own the boat, you need to speak to the rightful heir(s) of your friends estate because they actually own the boat now and since you don't own this boat, you cannot legally sell it. You may possess it at the moment, and you can also sell it without paperwork if you find someone willing to buy it but if you want to transfer ownership you have to first obtain ownership through the rightful owner(s) which is/are your deceased friends heir(s).
Posted on 4/3/18 at 5:03 pm to DaTroof
When the title owner of a boat is already deceased at the time you attempt to do the sale paperwork, there are special rules. Perhaps this law might apply if you are in Louisiana:
And the Department has this little form to consider:
Registration of Sale from Deceased Owner
quote:
§ 34:852.15. Transfer of title; absence of executor or administrator of estate.
If the titled owner is deceased and no one has qualified as administrator or executor of the owner’s estate, a transfer may be made by a legatee or distributee. The legatee or distributee shall present to the department the original certificate of title, a copy of the decedent’s death certificate, and a statement to the effect that there has not been or is not expected to be anyone who qualifies as executor or administrator. The statement shall contain the name, residence at the time of death, and date of death of the decedent, and the name of any other person having an interest in the vessel or outboard motor for which the title is to be transferred. If these persons are of legal age, they shall indicate in writing their consent to the transfer of the title.
And the Department has this little form to consider:
Registration of Sale from Deceased Owner
This post was edited on 4/3/18 at 5:06 pm
Posted on 4/3/18 at 5:19 pm to DaTroof
somewhat correct. To sell a movable in this state, all you have to do is exchange it for something of value. There is no requirement for it to be in any form of writing.
The paperwork is required for registration and a title is just evidence of ownership.
this is simply not true. If he can show he paid for the boat and he is in possession of it, then he is the owner, regardless of the registration BS the state requires.
The paperwork is required for registration and a title is just evidence of ownership.
quote:
Unless you have a notarized bill of sale transferring ownership to you, you do not own this boat.
this is simply not true. If he can show he paid for the boat and he is in possession of it, then he is the owner, regardless of the registration BS the state requires.
Posted on 4/3/18 at 6:33 pm to DaTroof
quote:
No, you didnt. You began acquisition. You didn't complete it.
If you have a notarized bill of sale, simply go and get it registered in your name. Unless you have a notarized bill of sale transferring ownership to you, you do not own this boat. Your friends heirs immediately took ownership of it when he passed. I know this can be difficult for some to understand, but it's the law. Possession and ownership are two different things. If you want to own the boat, you need to speak to the rightful heir(s) of your friends estate because they actually own the boat now and since you don't own this boat, you cannot legally sell it. You may possess it at the moment, and you can also sell it without paperwork if you find someone willing to buy it but if you want to transfer ownership you have to first obtain ownership through the rightful owner(s) which is/are your deceased friends heir(s
When being an arse backfires........if you READ THE POST it states that his widow HAS COMPLETED all of the necessary paperwork (which includes a notary)!
Before being an arse......read. To everyone else, thank you for the info. It is greatly appreciated
Posted on 4/3/18 at 9:22 pm to infantry1026
quote:
..if you READ THE POST it states that his widow HAS COMPLETED all of the necessary paperwork (which includes a notary
That’s correct but the issue may come in because the deceased was the title owner. To register a title which is presently registered in a deceased owner, you still have to account for the possibility of heirs other than the surviving spouse. It’s manageable, but don’t pretend that in all cases, all you need is the signature of the surviving spouse. You may need more. If you sell the boat to a new buyer without registering the title, you may not actually be transferring good title. Whoever registers the transfer will have to follow the law on deceased boat owner transfers.
Posted on 4/4/18 at 8:33 am to infantry1026
To OP -
To motorboat -
Oh and also
To TBoy - The circumstance in your first post is extremely rare but your last post is spot on. When someone dies it's not uncommon for ownership of property to be split in various percentages among numerous family members. The sell of said property is not legal until rightful owners are determined and signatures from all owners are obtained. The misconception that a person becomes the sole owner of property once their spouse is deceased is is a very common mistake and I see it often.
Sorry for wasting my time trying to help mitigate title headaches for OP. I'm often asked to remedy these and it's not cheap. I'll see my way out of this obvious field of experts. Cheers guys
quote:you're literally here asking strangers online if you can sell this boat because you have not completed all the necessary paperwork. I apologize if my post came across as abrasive. I had no intention of offending you. I was trying to help you out. The information in my post is accurate. You can choose to accept it or not. I'm sure you'll figure it out eventually.
HAS COMPLETED
To motorboat -
quote:and then
If he can show he paid for the boat and he is in possession of it, then he is the owner
quote:Uh yea that's kinda the point
a title is just evidence of ownership
Oh and also
quote:I know you're pretty popular on here and I've seen you legitimately try to help people but in this instance you don't know what you're talking about. I see nightmare title issues that take weeks and months or more to resolve because of experts like you thought they knew what they were doing. I'm sure I'll get downvoted for this but I actually like people like you. My family is grateful for this type of ignorance. We make alot of money from people just like you.
regardless of the registration BS the state requires
To TBoy - The circumstance in your first post is extremely rare but your last post is spot on. When someone dies it's not uncommon for ownership of property to be split in various percentages among numerous family members. The sell of said property is not legal until rightful owners are determined and signatures from all owners are obtained. The misconception that a person becomes the sole owner of property once their spouse is deceased is is a very common mistake and I see it often.
Sorry for wasting my time trying to help mitigate title headaches for OP. I'm often asked to remedy these and it's not cheap. I'll see my way out of this obvious field of experts. Cheers guys
Posted on 4/4/18 at 9:12 am to infantry1026
I sold a boat that had sat in my backyard for years. The boat was no problem but the DMV made me pay up expired plate fees or some BS like that. I can't really remember. They'll be the ones to hang you up.
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