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| Name: |
Astro
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| Subject: |
Non-Political Post
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Date:
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4/25/2010 11:39:00 AM
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I am looking for good ideas on how to protect the buyer when purchasing a used boat when the state does not require that it be titled. I want to purchase a used pontoon boat but I want to make sure there are no liens against it. I know a lot of you on this forum have had experiences with this so your help would be appreciated. If the person tells me that it is financed then I can go to the lien holder and pay off the lien amount then pay the seller any difference, but I am trying to protect myself from those that will not disclose that there is a lien. Thanks.
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| Name: |
GoneFishin
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| Subject: |
Non-Political Post
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Date:
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4/25/2010 3:33:27 PM
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My non political response
I would contact the County Clerk and ask them if all liens have to be on file at the court house to be valid liens. If, as I expect, the answer is yes then have them research it for you under the owners name. Then, on the bill of sale, include a statemetnt that the owners signs that states.
"I certify there are no emcumbrances or outstanding liens"
I am not a lawyer but in past boat and car sales I have always included statements that there are no guarantees or warranities plus the no lien statement.
You can also contact a boat dealer or marina and ask about the lien question.
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| Name: |
Astro
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| Subject: |
Non-Political Post
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Date:
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4/26/2010 8:25:28 AM
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Thanks GF. So far I have not found that a lien has to be filed in Alabama but I will keep looking. The statement should help in the future if legal action needs to be taken. As I understand it the original seller would still have first possession of the boat if the original buyer sold it without the lien being satisfied. I guess there is always a chance of it going wrong but generally it almost always goes right. Just trying to protect myself.
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| Name: |
BamaKat
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| Subject: |
Non-Political Post
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Date:
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4/26/2010 12:05:49 PM
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you might ask to see the bill of sale where the seller bought it, if it was from a marina or boat dealer it would show if it was financed. I have often thought the same thing, the last boat I had the finance company made me register it with the Coast Guard to protect their interest but it was considered a yacht due to size.
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Check to see if the H.I.N. has twelve digits also. A new law that requires that all boats have 12 digits oin the H.I.N. ( Hull identification number ). The marine police will need to see the boat and verify the numbers if you have an older boat that only has 10 digits in it. After they see the boat and determine that its not stolen or anything been altererd, they will send an application to Montgomery for new H.I.N #s. If i run acroos any website with this info I'll post it as a link just to make sure I've kinda explained it correctly. Older boats with the keel laid before ??/??/?? may have only 10 digits, and some newer boats may even be using these keels. kinda interesting to keep up with. I understand as people try to register boats this year, the backlog may continue to grow as far as getting these new 12 digit numbers. scroll down to hull numbers on the link below
URL: http://www.boat-ed.com/al/course/p4-1_boatnumbers.htm
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