On Mar 30, 6:26�am, "JimH" wrote:
"Gene Kearns" wrote in message

...





On Fri, 30 Mar 2007 03:15:26 -0400, Eisboch penned the following well
considered thoughts to the readers of rec.boats:

If he's a dealer, which I now suspect, he didn't do anything illegal.

There seems to be way more cloak-and dagger stuff going on here for
something not to be borderline crooked, if not entirely illegal.

Trust me, as a buyer, I got on the wrong end of one of these deals and
you don't want to go there.....

If he sells the boat (with whatever representations he deems
appropriate) and pulls a disappearing act, the two signers of the
paperwork are likely left to duke it out..... You and Whomever....

--

Grady-White Gulfstream, out of Oak Island, NC.

Homepage
http://pamandgene.idleplay.net/

Rec.boats at Lee Yeaton's Bayguide
http://www.thebayguide.com/rec.boats

Yep. *I would suggest that Richard head down to the brokers place ASAP and
force him to sign the title as the buyer.

An open title is never a good thing.- Hide quoted text -

- Show quoted text -


If the law in that state is the same as the law in Washington, (likely
so, they are pretty uniform) the dealer cannot be forced to sign the
title as buyer.

Dealer's "hold title" rather than "take title".

What Eisboch *should* do, if his state is like WA, is file a "Seller's
Report of Sale". This document goes into the Department of Licensing
and substantiates that the boat was sold on March XX, 2007 to Joe
Doaks. This can be critically important. Let's say that before the
ultimate buyer gets around to putting the title in his name he takes
the boat out for its maiden voyage, does some dumb newbie thing, and
badly injures somebody or worse.
Let's say he flees the scene. When the authorities start tacking down
the ownership of the boat, the last guy they find of record
is.......guess who. Not a pretty picture. It will probably cost as
much as the boat sold for to pay a lawyer to straigten the whole mess
out. Maybe more. If the Seller's Report of Sale is filed, the
authorities will find *that*, instead of Eisboch's title, as the last
activity. Very important.

It sounds like the guy wrote a personal check, or Eisboch would have
known that he sold to XYZ Boat Dealer. In most states, that's co-
mingling of personal and business funds. In some states that would
cost him his license. In a lot of states it is also illegal not to
disclose to a buyer or seller that you are a dealer or broker, but I
can't say in this case.

Tempting as it might be to "go after" this guy, remember that he
showed up as promised, paid the asking price without quibbling, and
that his check ultimately proved to be good at the bank. He did
business on the seller's terms all the way, and performed as promised.
It's no crime simply to be a dealer.