"RJSmithers" wrote in message
...
Calif Bill wrote:
"RJSmithers" wrote in message
...
JimH wrote:
"Eisboch" wrote in message
. ..
"Gene Kearns" wrote in message
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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....

Good point. I am not overly concerned because fundamentally I know
the boat and engine are fine. But, your point is well taken.

Eisboch

Let's say the brokers friend asks if he could use the boat for a day or
two and is involved in a fatal accident. Open your wallet because
you are legally the owner of that boat.

You should give your attorney a call on this.
Richard,

Whenever non-attorney's give you free advice, realize it is worth
exactly what you have paid for it.

You would not be responsible for any damages or have any more liability
than if someone stole your car and had an accident, even if it was a
fatal accident.




Not true. Friend in Florida in the 1970's had his car stolen. Georgia
police gave chase to the stolen car and riddled it with about 150 bullet
holes. Car crashed and took out 150' of highway chain railing. Friends
insurance company had to pay for the damage. He owed the car, so is
liable for any damage it causes. Said it would have been cheaper for the
insurance company to have just given the car to the thief. Locally a few
years ago, a person sold a motorcycle and filled out the change of
ownership statement that is sent to the state DMV. The DMV misplaced the
form. A couple of weeks later, the buyer crashed the bike and killed
both himself and a girl on the back. The girls parents were going to get
millions from the seller, as they could not prove they sold the bike.
Luckily for the seller, someone at the DMV found the form as they were
sending a bunch of old stuff to be burned.

Bill,

While this story has all the ear marks of a great urban legend, I will
assume you knew all the information from your friend. If that is true,
they obviously have changed the law since the 1970's

http://insurance.freeadvice.com/insu...02_170_601.htm

When I have sold cars and boats to individuals I have always drawn up
contracts of sale and contacted the state and DNR concerning the sale. I
was not really worried the liability, but I wanted to make sure I was
taken off the tax records and the new party was responsible for the taxes.

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.

Chuck's excellent advice was one of someone who was in the business and is
used to covering all aspects of liability. I would make sure I followed
his advice on future sales.

Here is a great link reviewing the details on how to handle car/boat sales
by individuals.

http://siy.cars.com/siy/qsg/tipsClose.jsp?aff=pe



I would still believe you would get stuck for damages. You own the car, and
you are responsible for it. Would be lots of people running away from an
accident and claiming the car was stolen, as well as with deep pocket laws,
they are going after the money. I was in a company class with the guy with
the shot up car.

Calif Bill wrote:


I would still believe you would get stuck for damages. You own the car, and
you are responsible for it. Would be lots of people running away from an
accident and claiming the car was stolen, as well as with deep pocket laws,
they are going after the money. I was in a company class with the guy with
the shot up car.



Bill,
The only way to answer this question to anyone satisfaction is to
contract their insurance company. Mine told me that the comprehensive
insurance coverage would pay to fix my car, but they would not be
responsible for the damage caused to other property caused by the person
who stole your car. That would have to be covered by the other people's
uninsured motorists and comprehensive coverage.

Now if we follow your logic about the responsibility remains with the
car, if a criminal steals your car, robs a bank, and then gets away,
they could hold you responsible for the money stolen because it was your
car that was used in the commission of a crime.