Need advise about ownership

[Jennysitter]

Hello everyone,

My husband and I are in a bit of pickle. We are Canadians and bought a boat thru a private sale in WA last year. Just found out a couple of months ago that the bill of sale the seller gave us isn’t 100% correct. The seller and his mom were both owners but he only put his information and signature on the paperwork. (The paperwork was notarized). We’ve been asking the seller to do a new paperwork, but he’s just been stalling for the past 2 months……we are worried that we don’t even technically own the boat at this point and we aren’t gonna get our money back. Can anyone suggest what’s the next course of action to ensure we are the new owner. Thank you.

[Calif.Ted]

I believe it all depends on how the boat was titled or registered, mine is registered and titled (DMV pinkslip) with the state to me OR my wife. If you use Dick AND Jane then both must sign off, the OR means either owners signature is only one required. Have you tried transferring to your name thru where you want it registered ? Did they tell you MOM's signature was required?

[GreenWave]

If what Ted said above is not the case then you need to get a lawyer.

[Stu Jackson]

Originally Posted by Jennysitter

Hello everyone,

My husband and I are in a bit of pickle. We are Canadians and bought a boat thru a private sale in WA last year. Just found out a couple of months ago that the bill of sale the seller gave us isn’t 100% correct. The seller and his mom were both owners but he only put his information and signature on the paperwork. (The paperwork was notarized). We’ve been asking the seller to do a new paperwork, but he’s just been stalling for the past 2 months……we are worried that we don’t even technically own the boat at this point and we aren’t gonna get our money back. Can anyone suggest what’s the next course of action to ensure we are the new owner. Thank you.

I just Googled boat title in Washington State ans found this:
https://www.dol.wa.gov/forms/420289.html


It appears that you can also do a search on titled boats in the state. Since WA requires even documented (US) boats to obtain WA licenses, somewhere between the US documentation site [if the boat was documented] or the WA website, you should be able to find the current and perhaps previous title holders. I'd start there.


I was somewhat confused by your "...bought a boat thru a private sale in WA last year. Just found out a couple of months ago...." Seems like a long time to be in limbo on this issue.


The suggestion of the OR vs AND is also helpful.


You need to do some digging.


Good luck.

[Montanan]

At time of sale the owner should have provided a bill of sale and either an executed transfer of title [state] by signing on the title document, or an executed transfer of documentation by signing on the back of the USCG certificate of title.

The title or documentation certificate should have thence been promptly returned to the State or the USCG.

The Title or the certificate of USCG documentation list the ownership of the vessel.

There also may be liens recorded on the vessel which will need to be cleared before title or documentation can be transferred by the State or the USCG.

Is your vessel free of liens? If not then you will need to pursue release of any and all liens.

Obtain the original Title or the original USCG certificate of documentation from the seller, and follow the instructions as to how to have executed the recordation of the sale.

There is need for the owner's execution of transfer via the Title document or the certificate of documentation to be notarized.

"A couple of months have passed" which means you are tardy in processing the ownership transfer. The law requires prompt recordation of change of ownership, get on with it.

[TrentePieds]

Jennysitter:

Check your private messages.

TrentePieds

[DEAN2140]

"Is your vessel free of liens? If not then you will need to pursue release of any and all liens."


I would be interested to know how you discover liens that are not on the certificate of title.

[Montanan]

Originally Posted by DEAN2140

"Is your vessel free of liens? If not then you will need to pursue release of any and all liens."


I would be interested to know how you discover liens that are not on the certificate of title.

FYI:

https://goneoutdoors.com/do-liens-bo...y-6009431.html

Titling States have recorded liens. Not all States issue titles, some only have registration.

USCG Documented vessels will have liens perfected by recording with the USCG National Vessel Documentation Center.

https://www.dco.uscg.mil/Our-Organiz...tation-Center/

Unrecorded liens are very difficult to ascertain, such as mooring / marina fees, repairs, equipment vendors, unpaid insurance, unpaid taxes, etc.

Liens can be recorded at the State and / or at the county level.

[Montanan]

Uncertain if the boat is USCG documented or if it has been titled by the State of Washington. It will either have a valid certificate of title by the State or a valid certificate of documentation issued by the USCG. The vessel cannot have both a valid title and a valid certificate, it is either one or the other.

With regards to the State of Washington

Reference link: https://app.leg.wa.gov/rcw/default.a...true#88.02.500

[Montanan]

Sounds like you will need to contact the mother and obtain her execution of a bill of sale and also an execution of transfer of ownership via signing on the title document or the certificate of documentation.

You have the son's bill of sale, which means you have his transfer of his interest in ownership. Now you need to obtain the interest of the co-owner(s).

A party that has a majority of ownership in a vessel is the party that applies for State titling or USCG documentation. If there is no one with majority ownership then a combination of interests need to collaborate to establish titling or documentation.

Call the Momma. And yes she will need to have her execution of the document notarized.

Documents of sale without notary certification are not acceptable to titling or documentation.

Good luck and bon voyages.

[Montanan]

If you are a non-resident of the State of Washington whose boat is kept in the State's waters you will need to obtain a non-resident permit for the vessel.

References:

https://app.leg.wa.gov/RCW/default.aspx?cite=88.02.620

RCW 88.02.620

[Jennysitter]

Hello everyone,

Thank you very much for all your information. The boat is coast guard documented which someone informed me as Canadians, we aren’t allowed to use/have this documentation and I was working on cancelling it. I actually received the updated notarized bill of sale with the mother’s signature.

Again. I greatly appreciate everyone’s reply
Happy Sunday

[Montanan]

Wonderful.

Now you will need to proceed to deletion from documentation with the USCG National Vessel Documentation Center.

Reference form and instructions:


https://www.dco.uscg.mil/Portals/9/D...2Jp9L2FQ%3d%3d

"A vessel may be deleted from documentation upon the request of the vessel owner or an authorized agent on behalf of the owner. The request must be in writing and must include the vessel’s official number and reason for deletion. The original Certificate of Documentation (COD) is to be returned by the owner named on the certificate."

Once the vessel has been delisted from USCG documentation [i.e., unflagged] you will be free to pursue flagging with Canada or simply pursuing titling and registration in the State of Washington if the State will be the principal place of use of the vessel.

Follow and complete the instructions listed on the back side of the certificate of documentation. Image linked below.

https://unitedstatesvessel.us/certif...documentation/

All the best.

[Jennysitter]

Thank you Montanan. Yes I started the process, that’s when I found out the bill of sale was missing information.