Boat owner not paying yard, and title of ownership issues

[stollie]

Hello,

Recently, I saw an older boat that I like in a boatyard, on the hard, and it looked like it's been sitting there a while (weathered sheets, no sticker posted on boat, but mast still up). The exterior in general appeared to be in fair shape, but I wasn't able to look into the cabin.

Upon inquiring about it from a yard worker (yard owner was not available), I was told that the boat's owner has not been paying the yard storage fees and that the yard owner "has not been able to get the title." That's all the info. I have so far, as I'm still trying to get in contact with the yard owner.

What does that mean, what chance do I have as far as being able to buy the boat in a situation like this, and is this even a good idea?

Thanks
stollie, newbie sailor and wannabe owner

[Neil Gordon]

The process of getting title in the case of non-payment of yard fees varies state by state. Best is to remember that the yard's obtaining good title, so they can sell the boat to you, is their problem, not yours.

Aside from the issues of condition and value...

Let the yard owner know you're interested. Let the boat owner know, if you can locate him. Beyond that, I suggest not spending lots of time if you can't stir any activity either in the owner or the yard.

Important note: If you do locate the owner, be careful buying the boat from him, because you might be buying the yard bill along with the boat! You want to be sure that you get clear title without any liens.

[Klem]

What was posted above was spot on. Let both parties know that you are interested and it will give them incentive to work it out. If you buy it from the yard with the title, then you are in the clear. If you buy it from the owner, you need to have written on paper who is paying the yard bill and the yard owner needs to sign off on it as well.

Don't waste a lot of time on it right now, they are the ones that can make it available, not you.

[Jim Davis]

In any case get it in writing that the boat is free of liens.

[stollie]

Update:

I was able to speak to the yard's owner, to get a look inside the cabin, and a much closer look in general.

The boat has about 3 inches of water inside...I wonder how much damage that does to a fiberglass boat, but there's no engine or other mechanical stuff to get damaged. He said the only way to get the water out is to pump it out. I'll go armed to inspect another day, and will probably pump out the water.

The guy also told me he should be able to get the title in the Spring, and that it takes about 6 weeks. When I asked him for an estimated price, he gave me a figure, then said he's lost much money in fees, then stopped himself. I gave him my name and number and asked him to call me when he had an update.

I figure when the time's right, I'll offer about 2/3 of what he told me, as the money he's out has nothing to do with the fair market value of the boat, right?

Some of the cards I have: I'm planning on keeping the boat at that yard as it's conveniently located; they have mooring space; somebody who has their boat there has high praise for the place, and that the guy is a straight shooter; I'll be having the yard doing work that I can't or don't have time to do myself. So basically, I'll be keeping the business there.

Still wondering if I'll be able to find the current owner and get the sails, etc..

That's the new developments, so please chew on it and keep the advice flowing, as this newbie needs it.

Thanks again.

[trapper]

Niel is correct, getting title varies from state to state. That said, many states require a public auction conducted by the magistrate, master in equity or some other public official in order to change ownership of titled property (personal or real). Check your jurisdiciton. The boat yard owner may have to advertise the sale and then have the boat sold at auction. Sometimes, they prefer you just bid it in rather than them taking title.

I purchased my first CD at auction where the owners divorced and just left her at the dock. I was extremely happy with the boat and the price and the title issued by the court was no problem. Good luck.

[Alan Holman]

Stollie,
Did anyone give you any ideas of the problems that could exist, damage that could be caused by water in the cabin? I'm looking at a boat there is about two feet of water above the sole. There is no engine in the boat and all the electronics appear to be well above the water. Someone jokingly said, well at least you know she water tight. But I wonder could the water on the inside cause de-lamination or anything like that.
The Meddler

[Carl Thunberg]

I see you posted the same question twice. See my response to your other post located here

http://www.capedory.org/board/viewtopic.php?t=25663

[AlexDz]

I'm starting to feel better about that high water mark in my boat! Still, there is that thin layer of mud...