Private boat sale

[henryk]

Hi Group! So here I'm, a happy new owner of the Tayana 42 . Just made the deal last week, but there is a small problem. The owner bought her from the marine as the previous owner abounded her and literally dissapeard from the face of the earth . He did an excellent job on the refit and was posting the progress here on the forums under Captain Grey Beard name. The fela whoo I bought her from never documented her after buying and the only document i have now is an buy and sell agreement that had been sign by us and notarially witnessed . Now I would like to register her in one of the EU countries, and not sure if that will suffice.

[rsn48]

Why not contact the country you plan to register her in and ask them. I'd leave out the explanation, just say "I have a notary witnessed sell agreement, can I register my boat in ......."

[boatman61]

Just register her as is.. which country are you considering.

[letsgetsailing3]

Someone eventually has to have legal title to the boat.

[Tayana42]

I can’t give you any insight into the legal registration or documentation question but I can congratulate you on choosing a fine boat type if she is in reasonable condition.

Did the marina that impounded the boat and subsequently sold it provide any paperwork when they sold it. Can you get copies from them?

[henryk]

Originally Posted by Tayana42

I can’t give you any insight into the legal registration or documentation question but I can congratulate you on choosing a fine boat type if she is in reasonable condition.

Did the marina that impounded the boat and subsequently sold it provide any paperwork when they sold it. Can you get copies from them?

Thank you. This will be my second Tayana 42 and I'm very happy to join the Tayana owners as they are fantastic boats. The guy that I bought her from has a buy/sell agreement. I think I have to start from the research which country requires what.

[TrentePieds]

Henryk: EVERY Canadian pleasure vessel, except if powered by less that a 10HP motor, MUST be either licensed or registered. It's unlikely that your new boat is registered. The number shown on her bows is the License Number, and it is unique. If you contact Transport Canada and give them the number, they can tell you who the licensee is - i.e. the "owner of record".

If the licensee is the marina that you bought the boat from, the amending of Transport Canada's records is straight forward, and you will find the application forms on TC's website.

If the marina did NOT have TC's records updated when they seized the boat, so that the marina is now shown as the licensee, it will be more difficult to update the records to show you as the licensee, because it is necessary to show a complete, unbroken trail of "title" to the boat.

The marina would have the right to seize the boat for unpaid storage. The marina can do that under something called the "Warehouseman's Lien Act". and, depending on circumstances, the transfer of title under that act from the previous owner (as debtor) to the marina (as creditor) might require a Court Order. Once the marina is the rightful owner (pursuant to the Court Order) the marina can have TC update their records to show the marina as licensee, and thereafter you can have the records further amended to show you as the licensee. TC will need a copy of the court order to change the records to show the marina as licensee and a receipted bill of sale from the marina to you to change the records to show you as the licensee.

I hope that helps. The key to it all is that there has to be an unbroken "paper trail" for the updating of TC's records.

TrentePieds

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