USCG documentation vs. Tx titling, Help!

[BoatPoor]

Well folks, the Mainship purchase is floundering due to the previous owner failing to complete the paperwork.
Here's the deal, he purchased the boat at an auction and started the process of transferring the USCG documentation but figured out he was physically unable to operate the boat and just quit.
According to Tx Parks and Wildlife, the boat is kinda sorta basically in the previous owner's name, but here's where it gets weird.
The current owner used a third party company to do the documentation and they sent the actual paperwork to the wrong address and he's never even seen it despite then telling him it was delivered.
According to TPWD we have a few options. A: He can do a documentation deletion and start over. Bo a documentation deletion, file for a new title with Tx and pay all of the back taxes before selling it to me with the title and Bill of Sale, or C: Documentation deletion and fill out a form saying he's refusing to transfer the title, but provide a Bill of Sale allowing the state to do something called a "skip title".
Does any of this make sense to you guys?

 

[twistedtree]

Well folks, the Mainship purchase is floundering due to the previous owner failing to complete the paperwork.
Here's the deal, he purchased the boat at an auction and started the process of transferring the USCG documentation but figured out he was physically unable to operate the boat and just quit.
According to Tx Parks and Wildlife, the boat is kinda sorta basically in the previous owner's name, but here's where it gets weird.
The current owner used a third party company to do the documentation and they sent the actual paperwork to the wrong address and he's never even seen it despite then telling him it was delivered.
According to TPWD we have a few options. A: He can do a documentation deletion and start over. Bo a documentation deletion, file for a new title with Tx and pay all of the back taxes before selling it to me with the title and Bill of Sale, or C: Documentation deletion and fill out a form saying he's refusing to transfer the title, but provide a Bill of Sale allowing the state to do something called a "skip title".
Does any of this make sense to you guys?

Can you just get a duplicate of the Documentation Certificate and have the owner sign it over to you?

 

[DavidM]

Seems like you have both US Documentation as well as a TPWD title in previous owners names. Realize that US Documents take precedence over state titles if there is a conflict.

It think I would go back to the original documentation company and get them to straighten it out. Without a US Document in my name I wouldn't close on this deal. The previous owner could step in years later and claim the boat as his.

David

 

[Bkay]

It think I would go back to the original documentation company and get them to straighten it out. Without a US Document in my name I wouldn't close on this deal. The previous owner could step in years later and claim the boat as his.

David

I agree with David - but I'd put the onus on the current owner. If he can't provide you evidence he owns the boat (and is authorized to sell it to you) - don't close!

 

[HTurner]

I agree with David - but I'd put the onus on the current owner. If he can't provide you evidence he owns the boat (and is authorized to sell it to you) - don't close!

This is the best advise given.



Give the broker a call and have him put some pressure on the seller... this is a problem that needs to be resolved for any prospective buyer.

 

[trihartsfield]

Walk away. This seems like a quagmire you do not want to be involved with. Especially since supposed current owner just quit.

 

[rgano]

Same advice as above ..... which is don't want this boat so much you are willing to make a mistake like not having every T crossed and every I dotted on the paperwork by the current owner before proceeding.

 

[denverd0n]

Yep. Previous owner needs to be able to deliver clear title. If he can't, or won't... There are lots of other boats out there for sale.

 

[Comodave]

I would walk. How can you be certain that you will end up with clear ownership and not have someone come up and claim the boat.

 

[BandB]

Well folks, the Mainship purchase is floundering due to the previous owner failing to complete the paperwork.
Here's the deal, he purchased the boat at an auction and started the process of transferring the USCG documentation but figured out he was physically unable to operate the boat and just quit.
According to Tx Parks and Wildlife, the boat is kinda sorta basically in the previous owner's name, but here's where it gets weird.
The current owner used a third party company to do the documentation and they sent the actual paperwork to the wrong address and he's never even seen it despite then telling him it was delivered.
According to TPWD we have a few options. A: He can do a documentation deletion and start over. Bo a documentation deletion, file for a new title with Tx and pay all of the back taxes before selling it to me with the title and Bill of Sale, or C: Documentation deletion and fill out a form saying he's refusing to transfer the title, but provide a Bill of Sale allowing the state to do something called a "skip title".
Does any of this make sense to you guys?

I tried to figure this out. Has anyone checked on current documentation status? If documentation service mailed to wrong address, that doesn't mean it's not done, just need to then request a duplicate.

It's for that and other reasons, I don't believe anything the seller is saying. Just quit? Wrong address and he never saw? Why wouldn't he be contacting the documentation service to clear it up? Why wouldn't TX registration have been transferred by documentation service?

Time for a lawyer to send notice to the seller that he has 10 days to remedy or rescind sale and refund you all your money. Put the burden on the seller to figure things out and provide you what you need.

Yes, TX has skip title, but not for you to do it all, for seller to make it happen and get off his behind. For seller to be honest which I don't believe he has been. If he used a legitimate documentation service, they could advise how to complete all this in fifteen minutes. Time for seller to do something.

 

[BoatPoor]

Just an update, the boat is only documented at this time (no Tx title) and I do have a copy of the Bill of Sale/receipt where he purchased it from Ritchie Bros.

The issue is, he started the documentation process (I have that info from USCG as well, but figured out he couldn't physically operate the boat and never finalized it.
He is getting with the previous owner and USCG to get it straightened out, hopefully soon.

 

[BandB]

Just an update, the boat is only documented at this time (no Tx title) and I do have a copy of the Bill of Sale/receipt where he purchased it from Ritchie Bros.

The issue is, he started the documentation process (I have that info from USCG as well, but figured out he couldn't physically operate the boat and never finalized it.
He is getting with the previous owner and USCG to get it straightened out, hopefully soon.

With documentation, you will not have a TX title, but you will still need to register the boat.

 

[bgillroy]

Time to move on imo. Why waste time effort on something you cannot solve.

 

[BandB]

Time to move on imo. Why waste time effort on something you cannot solve.

But he appears to be very close to resolving it.

 

[BoatPoor]

Ok, I got on the guy hard enough that he's resubmitted the documentation and paid an extra fee to expedite it, so hopefully It'll be done soon.
I explained to him that there was no way I was paying for the $625/mo slip rental until it was in my name and that lit a fire under him. He's paid out over $15k in slip rental fees for a boat he can't drive so that's a good motivator for him.

 

[Bkay]

Ok, I got on the guy hard enough that he's resubmitted the documentation and paid an extra fee to expedite it, so hopefully It'll be done soon.
I explained to him that there was no way I was paying for the $625/mo slip rental until it was in my name and that lit a fire under him. He's paid out over $15k in slip rental fees for a boat he can't drive so that's a good motivator for him.

That sounds like a great position to take. Good luck getting it sorted out and closed.

 

[BoatPoor]

Got the call today that the documentation is just pending a notarized Bill of Sale to complete and he's FedEx'ed it to the previous owner to sign. The ball should be in my court within a week or so hopefully!