pondrunner

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?

endeavour32

iTrader: (4)

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

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

iTrader: (4)

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

I guess that changes things, doesn't it.

pondrunner

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

ROB FREEMAN

iTrader: (2)

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

ezstriper

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

Contact the state troopers!

Von Bongo

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.