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pondrunner 01-20-2012 02:43 PM

Still waiting for Boat Title???
 
Well, here is the deal and I'm hoping to get advice here on how to proceed...I Purchased a used boat back in September from a local fairly large dealership. I traded in my boat and gave over the title to it and cash difference. I paid the dealer for the boat & trailer registration and re-title required in NY state. No title or registration comes in the mail from Albany and when I inquire with DMV in December, they don't know a thing about it. I call the dealership..."paperwork mix-up, we'll look into it" Today I follow-up and they haven't yet sent out the money I paid to Albany DMV or the titles and mention something about issuing duplicate title. They say not to worry, I'll have it by spring!?!?
QUestion1: Do I own the boat I bought? (Possession 9/10ths of law?)
Question2: Does this appear that they are delaying payoff of the boat I bought for some reason?
Question3: DO I have legal recourse? In February it will be 6 months since purchase and they want me to wait longer!
QUestion4: How should I proceed?

:bsflag:

endeavour32 01-20-2012 03:27 PM


Originally Posted by pondrunner (Post 3597814)
Well, here is the deal and I'm hoping to get advice here on how to proceed...I Purchased a used boat back in September from a local fairly large dealership. I traded in my boat and gave over the title to it and cash difference. I paid the dealer for the boat & trailer registration and re-title required in NY state. No title or registration comes in the mail from Albany and when I inquire with DMV in December, they don't know a thing about it. I call the dealership..."paperwork mix-up, we'll look into it" Today I follow-up and they haven't yet sent out the money I paid to Albany DMV or the titles and mention something about issuing duplicate title. They say not to worry, I'll have it by spring!?!?
QUestion1: Do I own the boat I bought? (Possession 9/10ths of law?)
Question2: Does this appear that they are delaying payoff of the boat I bought for some reason?
Question3: DO I have legal recourse? In February it will be 6 months since purchase and they want me to wait longer!
QUestion4: How should I proceed?

:bsflag:

Do you have a bill of sale or purchase agreement? If so your good, I forget the legal term but becuase you bought the boat from a dealer no matter what the boat is yours, even if it wasn't theirs to sell! Either way I would go to the dealership if it's close and make a big stink about not having the title. 6 months is way too long! I bought a boat without a title due to a mechanics lean and I had a new clean title in 30 days! This was in Michigan but still! If it was me I would start riding that dealer hard until they produce the title!

tcelano 01-20-2012 03:40 PM

I've had a few go-arounds like this with dealers (not boats), but on cars, trucks and motorcycles, including a new car and a new work truck. Each time, it seems to stem from a combination of laziness and incompetence at the dealer, or in the case with the bike, they didn't represent properly to me when I bought it that it was a consignment sale, and they had to go try to get the title from owner (if they even had it).

Without knowing any more than what you write, I suspect the dealer did not own the boat or have the title in hand. It sounds like you have already contacted DMV, but did you check to see that the title for it is clean, and the boat was not stolen or anything? Check the state from where it came.

If it is case of lost title, I would call the dealer each and every day for an update until they produce it, and go there in person whenever you can. People don't like unsatisfied customers hanging around their business.

They should not be selling a boat for which they cannot produce the title in the first place. If you went down to trade a boat in, would they take it witout your title? No. If the lack of title and registration prevents you from using it, I would advise them that you will pursue damages, and advise them that you will be bringing it back, and expecting a check for the difference in purchase price vs. your trade.

4bus 01-20-2012 04:39 PM


Originally Posted by pondrunner (Post 3597814)
Well, here is the deal and I'm hoping to get advice here on how to proceed...I Purchased a used boat back in September from a local fairly large dealership. I traded in my boat and gave over the title to it and cash difference. I paid the dealer for the boat & trailer registration and re-title required in NY state. No title or registration comes in the mail from Albany and when I inquire with DMV in December, they don't know a thing about it. I call the dealership..."paperwork mix-up, we'll look into it" Today I follow-up and they haven't yet sent out the money I paid to Albany DMV or the titles and mention something about issuing duplicate title. They say not to worry, I'll have it by spring!?!?
QUestion1: Do I own the boat I bought? (Possession 9/10ths of law?)
Question2: Does this appear that they are delaying payoff of the boat I bought for some reason?
Question3: DO I have legal recourse? In February it will be 6 months since purchase and they want me to wait longer!
QUestion4: How should I proceed?

:bsflag:

You are local, I assume you read about these scumbags in the news?

http://www.cnycentral.com/news/story.aspx?id=377061

Sounds fishy bro. The sad thing is you may be the big loser if this doesn't clear up.

Many of Spinella's customers lost their vehicles, yet still had to pay their loans. Others had to go reposses their trade in's because technically they still owned them and the loans were never paid off.

tcelano 01-20-2012 07:48 PM

I guess that changes things, doesn't it.

pondrunner 01-21-2012 06:10 AM

It wasn't Spinellis thank god! Thanks for the info.

ROB FREEMAN 01-21-2012 08:58 AM

ther would be no spinelis . if this chit happened to me . fricken theives , its time to take our country back !start at the top . :lolhit:

ezstriper 01-21-2012 09:01 AM

I had the exact same deal years ago...the dealership was taking in all $$$ and not even paying off the loans on boats traded in..reselling turned into a huge mess..they hauled ass..contact where your boats are registered/titled NOW !!! tell them whats going on...when I did, there were already 15 in front of me...and some people who had bought and paid for boats had a bank coming to repo their boats as the dealer never paid off the original loans !!!

fireboatpilot 01-21-2012 02:06 PM

Contact the state troopers!

Von Bongo 01-21-2012 03:15 PM


Originally Posted by endeavour32 (Post 3597843)
Do you have a bill of sale or purchase agreement? If so your good, I forget the legal term but becuase you bought the boat from a dealer no matter what the boat is yours, even if it wasn't theirs to sell! !

I would seek further council. If the boat had/has a lien and they didnt pay it off the bank still owns it. If the prior owner didn't get paid and never signed the title over, you don't own it purchase agreement or not.

You have some real potential issues (ask anyone that got burned by national marine) and you should be taking steps to resolving this issue right now.

There is no reason that it should take 6 months, 6 weeks I can understand but no way 6 months.

4bus 01-21-2012 08:34 PM


Originally Posted by pondrunner (Post 3598154)
It wasn't Spinellis thank god! Thanks for the info.

Well, they don't sell boats. It was supposed to be more of an example of what can happen.

Go to the NYS DMV web site and search your VIN# for liens. Call the lien holder and see what the status is. There is a good chance a repo guy out there is loking for your boat right now, but he doesn't have your address because paper work has not been filed. I am not telling you to tell them where it is, however you might get an idea of the seriousness of the problem and force quicker action.

It's tough, and difficult to protect yourself. The people in the news article lost. Spinellas filed bankrupt and had little to no assests to pay out.

Good luck. If you want to PM me I can put you in touch with some local people in the industry that may be able to advise you. Not a lot of dealers in this area, and many of them are in financial trouble.

88 LS 7 01-21-2012 10:05 PM


Originally Posted by ROB FREEMAN (Post 3598235)
ther would be no spinelis . if this chit happened to me . fricken theives , its time to take our country back !start at the top . :lolhit:

+1x1000000

brian41 01-22-2012 07:42 AM

I feel your pain I have been waiting 15 months for my title from another OSO member.

4bus 01-23-2012 03:57 PM

another local scammer. Once owned the now closed Bombard Chevy. One of his customers also had their car repoed

http://www.9wsyr.com/news/local/stor...rRp-HLU0Q.cspx


I would do what ever you can to get this cleared up ASAP. BTW, what is the name of the dealer?

88 LS 7 01-24-2012 11:01 PM

I had a a problem with a boat i got in sept. of last year. I went to the DNR and they told me the only thing i could do was send a certified letter to the people asking for the title and wait for a responce[contesting that they didnt sell the boat to me] or the letter to be returned[there not contesting] the sale. I turned out there wasnt a title[lost] and with the sales recept and a copy of the withdraw of money, the boat hull id, state id number on the boat and the returned letter they reprinted me a title in my name.Hope it works out for you. It took about six weeks for this to happen. I dont know of your state works that way or not,food for though. Now im working on the title for the trailer, DMV is not as easy.

pondrunner 01-25-2012 06:49 AM

Thanks for the responses...NYS Attorney General, NYS DMV and a private law firm are on the case. Notify NYS that someone has not paid them their taxes and DMV fees and chit happens fast!:lolhit:

4bus 01-25-2012 08:13 AM


Originally Posted by pondrunner (Post 3601038)
Thanks for the responses...NYS Attorney General, NYS DMV and a private law firm are on the case. Notify NYS that someone has not paid them their taxes and DMV fees and chit happens fast!:lolhit:

Good luck, I really hopes this turns out right for you.

Do you ever have plans on letting the cat out of the bag? There are only a few dealers in this area that are even in the market of a boat like yours. Maybe you have been told to keep it quiet, but I hope when it is all said and done you will let your fellow boaters know who we should beware of

PURPLE HORNET 01-25-2012 12:09 PM

I would hide this boat untill this problem is resolved. It would suck if a repo man snached it. Make sure you hide it on property that does not belong to you.


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