Proof of ownership when buying a boat.
 

I am a little uneasy to buy a used sailboat.
I do not know of any mechanism that can tell me if there are any monetary
liens against a sailboat. If I buy a boat and pay the seller in full who
will prove that I own the boat. The seller may still owe money to the bank
that makes the bank the real owner.
One of our club member did buy a boat in the US and managed to obtain
clearance from the lending institution. This may not always be the case.
Many are saying that I may have to hire the service of lawyer to get clear
ownership other suggested the service of a broker. In Canada, lawyers are
only responsible for what information they have access or made available to
them. I would appreciate any comments and suggestions
TIA

"Denis Marier" wrote in message ...
I am a little uneasy to buy a used sailboat.
I do not know of any mechanism that can tell me if there are any monetary
liens against a sailboat. If I buy a boat and pay the seller in full who
will prove that I own the boat. The seller may still owe money to the bank
that makes the bank the real owner.
One of our club member did buy a boat in the US and managed to obtain
clearance from the lending institution. This may not always be the case.
Many are saying that I may have to hire the service of lawyer to get clear
ownership other suggested the service of a broker. In Canada, lawyers are
only responsible for what information they have access or made available to
them. I would appreciate any comments and suggestions
TIA


Check the title. Any lienholders will be listed there. Make sure it is a
current clean title or walk away.

CN

"Denis Marier" wrote in message
...
I am a little uneasy to buy a used sailboat.
I do not know of any mechanism that can tell me if there are any monetary
liens against a sailboat. If I buy a boat and pay the seller in full who
will prove that I own the boat. The seller may still owe money to the bank
that makes the bank the real owner.
One of our club member did buy a boat in the US and managed to obtain
clearance from the lending institution. This may not always be the case.
Many are saying that I may have to hire the service of lawyer to get clear
ownership other suggested the service of a broker. In Canada, lawyers are
only responsible for what information they have access or made available
to
them. I would appreciate any comments and suggestions
TIA

You can always check the title, at least in the US. I'm sure a competent
Canadian attorney familiar with boat transactions could advise you how to
verify title in Canada.

The typical problem wouldn't be the title, but rather the underlying
condition of the vessel.

--
"j" ganz @@
www.sailnow.com

Denis Marier wrote:
I am a little uneasy to buy a used sailboat.
I do not know of any mechanism that can tell me if there are any monetary
liens against a sailboat. If I buy a boat and pay the seller in full who
will prove that I own the boat. The seller may still owe money to the bank
that makes the bank the real owner.
One of our club member did buy a boat in the US and managed to obtain
clearance from the lending institution. This may not always be the case.
Many are saying that I may have to hire the service of lawyer to get clear
ownership other suggested the service of a broker. In Canada, lawyers are
only responsible for what information they have access or made available to
them. I would appreciate any comments and suggestions
TIA

In Canada there are two systems of boat ownership:

- Registered
- Licensed

If it is a registered vessel, you can easily check the title
is clear of liens.

If it is licensed it will have a number on the bow. In BC
they usually start "13K ....". Licensed vessels may have
liens against them and you won't be able to tell. Licenses
are for smaller boats (under 15 gross tons), effectively
about 40' or so.

Evan Gatehouse

Agree, in Canada if the boat is registered it is possible to check for any
liens.
If the boat is licensed and the majority are you cannot check for any liens.
I wonder if it is the same in the United States. I have seeing many US
boats with numbers affixed on each side of the bow. If they have the same
regulation as we have when I
buy a used sailboat in the United States I will have to do a little
gymnastic to get clear ownership.

"Evan Gatehouse" wrote in message
...
Denis Marier wrote:
I am a little uneasy to buy a used sailboat.
I do not know of any mechanism that can tell me if there are any
monetary
liens against a sailboat. If I buy a boat and pay the seller in full who
will prove that I own the boat. The seller may still owe money to the
bank
that makes the bank the real owner.
One of our club member did buy a boat in the US and managed to obtain
clearance from the lending institution. This may not always be the case.
Many are saying that I may have to hire the service of lawyer to get
clear
ownership other suggested the service of a broker. In Canada, lawyers
are
only responsible for what information they have access or made available
to
them. I would appreciate any comments and suggestions
TIA

I am a little uneasy to buy a used sailboat.
I do not know of any mechanism that can tell me if there are any monetary
liens against a sailboat. If I buy a boat and pay the seller in full who
will prove that I own the boat. The seller may still owe money to the bank
that makes the bank the real owner.
One of our club member did buy a boat in the US and managed to obtain
clearance from the lending institution. This may not always be the case.
Many are saying that I may have to hire the service of lawyer to get clear
ownership other suggested the service of a broker. In Canada, lawyers are
only responsible for what information they have access or made available to
them. I would appreciate any comments and suggestions

If it is a registered vessel, you can easily check the title
is clear of liens.

If it is licensed it will have a number on the bow. In BC
they usually start "13K ....". Licensed vessels may have
liens against them and you won't be able to tell. Licenses
are for smaller boats (under 15 gross tons), effectively
about 40' or so.

Evan Gatehouse

Thanks for the tip. Does this mean that an original title has to be updated
to be current?
The other thing is how to I know that the title is current?

"Capt. Neal®" wrote in message
...

"Denis Marier" wrote in message
...
I am a little uneasy to buy a used sailboat.
I do not know of any mechanism that can tell me if there are any
monetary
liens against a sailboat. If I buy a boat and pay the seller in full who
will prove that I own the boat. The seller may still owe money to the
bank
that makes the bank the real owner.
One of our club member did buy a boat in the US and managed to obtain
clearance from the lending institution. This may not always be the case.
Many are saying that I may have to hire the service of lawyer to get
clear
ownership other suggested the service of a broker. In Canada, lawyers
are
only responsible for what information they have access or made available
to
them. I would appreciate any comments and suggestions
TIA


Check the title. Any lienholders will be listed there. Make sure it is a
current clean title or walk away.

CN

Evan Gatehouse wrote:

In Canada there are two systems of boat ownership:

- Registered
- Licensed

If it is a registered vessel, you can easily check the title is clear of
liens.

If it is licensed it will have a number on the bow. In BC they usually
start "13K ....". Licensed vessels may have liens against them and you
won't be able to tell. Licenses are for smaller boats (under 15 gross
tons), effectively about 40' or so.

Evan Gatehouse

In some provinces...such as Nova Scotia, you can own a boat without
registering it (motor less than 10 hp).
I have an 18' 6" Sandpiper 565 mini cruiser trailerable sailboat with
6hp Evinrude and it is not registered.

Don White wrote:

In some provinces...such as Nova Scotia, you can own a boat without
registering it (motor less than 10 hp).
I have an 18' 6" Sandpiper 565 mini cruiser trailerable sailboat with
6hp Evinrude and it is not registered.


Forgot to say...it's not licensed either.

I know nothing but I won't let that stop me. :-) In the US smaller
boats are registered with the state. The laws vary from state to state.
Some may not issue a certificate of title. If the state does issue
title, then it would keep track of liens. Larger boats (yachts) are
"documented" or registered with the US Coast Guard. I don't know about
those.

Tom
Of the Swee****er Sea

Denis Marier wrote:
I am a little uneasy to buy a used sailboat.
I do not know of any mechanism that can tell me if there are any monetary
liens against a sailboat. If I buy a boat and pay the seller in full who
will prove that I own the boat. The seller may still owe money to the bank
that makes the bank the real owner.
One of our club member did buy a boat in the US and managed to obtain
clearance from the lending institution. This may not always be the case.
Many are saying that I may have to hire the service of lawyer to get clear
ownership other suggested the service of a broker. In Canada, lawyers are
only responsible for what information they have access or made available to
them. I would appreciate any comments and suggestions
TIA

Denis Marier wrote:
Thanks for the tip. Does this mean that an original title has to be updated
to be current?
The other thing is how to I know that the title is current?

"Capt. Neal®" wrote in message
...

"Denis Marier" wrote in message

...

I am a little uneasy to buy a used sailboat.
I do not know of any mechanism that can tell me if there are any

monetary

liens against a sailboat. If I buy a boat and pay the seller in full who
will prove that I own the boat. The seller may still owe money to the

bank

that makes the bank the real owner.
One of our club member did buy a boat in the US and managed to obtain
clearance from the lending institution. This may not always be the case.
Many are saying that I may have to hire the service of lawyer to get

clear

ownership other suggested the service of a broker. In Canada, lawyers

are

only responsible for what information they have access or made available

to

them. I would appreciate any comments and suggestions
TIA


Check the title. Any lienholders will be listed there. Make sure it is a
current clean title or walk away.

CN




Denis,

As usual Capt.Kneel is dead WRONG and offering up VERY bad advice.
Jesus Kneel, when you don't have a clew, shut the **** up! Oh wait, that
would mean you would never post. That would be a good thing Kneel.
You're really quite stupid and it REALLY shows.

Denis, liens on boats do NOT have to be registered on "title" to be
enforced. In fact there is no public record kept of liens on boats,
either in the USA or Canada. Maritime law dictates that a lien exists if
a debt is owed. Nothing has to be registered or documented for the lien
to be enforceable.

It is therefore virtually impossible to guarantee that a vessel is lien,
debt, and encumberance free when you buy it. You CAN research to the
best of your ability and then make a decision as to whether you ~think~
it is debt free, but that doesn't guarantee anything.

If the vessel is worth more than a couple of grand, see a maritime
lawyer. He or she will write a clause into the agreement of purchase and
sale that will force the seller to declare that the vessel is free of
all debts, liens and encumerances, and that the clause will survive
closing of the sale. In other words, if the previous owner screws you,
you have some legal recourse. But that assumes that you 1) You can find
the previous owner and 2) He has enough money to make it worth chasing him.

Since you appear to be in N.B. Denis, there are two possible ways that
the boat can be "titled" (which is not the correct term by the way)

A Canadian vessel can be either licensed (Provincially) or Documented
(Federally). If the vessel is Provincially licensed it will have numbers
down each side of the bow. If it's Federally Documented it will have the
name and port of registry on the transom, and a plaque inside giving the
official registration number and registered tonnage.

Buying a used boat (in the USA or Canada) is ALWAYS a crapshoot Denis.
You can NEVER be 100% certain that you hold CLEAR ownership without
debts that you don't know about. That's a fact that very few people realize.



M