Eisboch wrote:
"RJSmithers" wrote in message
...


Since Richard is a smart guy, I would assume he had a contract for the
sale signed by all parties. While this is not as easy as filing a record
of the sale with the state and/or DNR, it could be used in a court to show
proof that you no longer owned the car/boat.



Richard's not as smart as you think.

A few years back MA became a full title state, requiring titles for all car,
boat, truck and trailer transactions regardless of vehicle age. Before then
you could sell some vehicles, particularly cars 10 years or older, without a
title. All you needed was a bill of sale. (I think you can still sell
and/or register small trailers under 3500 GVW without the requirement for a
title.)

Since the new title laws went into force, a bill of sale is no longer
required to register the vehicle. In fact, if you present one to the DMV,
they hand it back to you saying, "We don't need this". As a result, many
private sales are done without a bill of sale ... just an assignment of the
title.

My experience has taught me to do a bill of sale anyway ... two copies ...
one for the buyer and the other for the seller. Also ... I'll never again
turn over the title to a private buyer without filling in the new owner's
name regardless of the buyer's request. (not required for a dealer
transaction, however).

As I posted before ... it has worked out ok. I've talked to the buyer and
we are resolving the issue. But, I got a little bit smarter.

Eisboch



Richard,
I am glad it worked out for you. Hopefully the info below can be used
by anyone else buying or selling a boat/car. I not only use the
contract of sale to send to the state/dnr, but also a "CYA" stating
exactly what our arrangements are, including that the sale is "AS IS"
without any warranty. The buyer can still hold you responsible for
known defects you deliberately hide from him, but it would prevent him
from saying you gave him a verbal warranty for "X" of days.

Since I have sold both cars and boats with outstanding loans on them, I
always include that it is my responsibility to pay off the loan and
provide a clean title to the buyer.

Here is a great link showing the info required on a bill of sale for all
50 states. I have used the same basic form for boat sales.

http://www.dmv.org/bill-of-sale.php

For anyone selling their own boat/car here is a great web site to print
out a free bill of sale.

http://www.lawdepot.com/contracts/bill-of-sale/