Now what?

SgtMaj

Lieutenant Commander
Joined
Nov 19, 2007
Messages
1,997
So I go down to the DMV to get the boat title officially transferred over to me... Alright, so I know I should have done this sooner, but I've been lazy about it, and just got around to doing it now... and I've got the title that's signed, just like I would for a car. But the DMV tells me they don't recognize boat titles, and that I'll have to track down the seller, then have me and the seller go get a bill of sale notarized. Is that ridiculous or what?!? So even though I probably could track down the seller, I'd rather force them to accept what is a legal contract when the seller signed over the title to me. So before I file suit, is there anyone I should make an appeal to first?
 

WizeOne

Commander
Joined
Mar 23, 2008
Messages
2,097
Re: Now what?

Whereas my state will accept a signed title to transfer a vehicle, they also require a bill of sale to transfer a boat.

The reason? They want to know how much sales/use tax to charge you. The sales/purchase price would be listed on a bill of sale. I would assume that your state uses a chart to determine the value of a car but they have no such chart for a boat.

For a car, you can also use a bill of sale to substantiate a sale price that is below what their chart says, but they usually only allow a certain variance before you would have to jump through hoops to prove your claimed value/sale price.
 

SgtMaj

Lieutenant Commander
Joined
Nov 19, 2007
Messages
1,997
Re: Now what?

The sale price is listed on the title transfer however, as is the previous sale price, so that is completely unnecessary and only serves to facilitate fraud/theft.

I guess I should probably contact my state rep first, but right now I'm too pissed, might say something that got me in trouble.
 

BoatBuoy

Rear Admiral
Joined
May 29, 2004
Messages
4,856
Re: Now what?

I'd be pissed too and probably sue the TWRA, the state, the local Court Clerk, and the seller in federal court. Yea, that's it. I'd make a federal case of it. Have I forgotten anybody? A lawsuit will fix things every time.:D
 

INJUN

Petty Officer 1st Class
Joined
Apr 29, 2008
Messages
358
Re: Now what?

I had it happen to me too.

Much easier to do as they say and get the bill of sale. Don't let the bill of sale be something like $5, they'll then go by a book value. That's what happens around here (CT).

I hope you have the paper work for the trailer. That's another pain.
 

SgtMaj

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1,997
Re: Now what?

I had it happen to me too.

Much easier to do as they say and get the bill of sale. Don't let the bill of sale be something like $5, they'll then go by a book value. That's what happens around here (CT).

I hope you have the paper work for the trailer. That's another pain.

I don't care if they go by book value... it's a 1966 fiberglass boat in pitiful condition... I think the book value would actually be around $5. I'd let them charge me the greater of the two values... the $200 I paid for it, or whatever their book says it's worth.

It's the fact that unscrupulous people could use this to trick innocent buyers, then reposes their boat so the buyer is out both that ticks me off to no end.

The other thing I could do is take it out unregistered and let them try to ticket me for it... they can't ticket me because they refuse to accept that I am the owner, and they can't ticket the seller because he wasn't out in it. So they'd have to choose whether or not to make revenue on the boat or not.
 

SgtMaj

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Joined
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1,997
Re: Now what?

I'd be pissed too and probably sue the TWRA, the state, the local Court Clerk, and the seller in federal court. Yea, that's it. I'd make a federal case of it. Have I forgotten anybody? A lawsuit will fix things every time.:D

I don't want to sue the seller, I'm sure he would be willing to do it... it's getting the ridiculous law thrown out by a judge that I would be after. Hence the reason I mentioned talking to my state rep first.
 

SgtMaj

Lieutenant Commander
Joined
Nov 19, 2007
Messages
1,997
Re: Now what?

I hope you have the paper work for the trailer. That's another pain.

Are you kidding me? There is no paperwork for the trailer... it's from 1966. It doesn't even have a license plate on it, and if it ever had a serial number on it, it's long since rusted off.
 

Tyme2fish

Commander
Joined
Feb 19, 2002
Messages
2,481
Re: Now what?

About 10 years ago,I bought a boat and trailer from my ex brother-in-law. He lived in Kentucky and I lived in Indiana.

What a hassle getting title and registration and plates. The people at the Indiana DMV didn't know diddley squat on their own policies and procedures.
 

SgtMaj

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Joined
Nov 19, 2007
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1,997
Re: Now what?

I'm going to talk to my lawyer about it on Thursday. Also will write my state senator tomorrow, once my rage over this has subsided a bit... oh, and guess what? My boat is a 1966 Woodson, and my state senator, is named Woodson. Wouldn't it be ironic if my project boat was saved by someone with the same name?
 

SgtMaj

Lieutenant Commander
Joined
Nov 19, 2007
Messages
1,997
Re: Now what?

Well I talked to my lawyer today because he has to be in court Thursday... he is brilliant by the way. He came up with a completely awesome idea. He said I should file the paperwork to open a boat building business ($20 at the county post office), then, the hull that I'm working on, well it was just a part to build the one and only boat my business will produce, then I can register the boat and trailer as new just before selling the boat to myself for $100 and then going out of business. Oh yeah, and in the meantime, because only that boat will be sold and for so little, everything that I buy for the boat, will be a tax deductible business loss. The tax savings on the $5500 bucks I'm still planning to sink into the boat before it's done, will more than pay for the registration... so I basically still get to give the finger to the DMV because I'm just paying them with their own money, since they decided to be so difficult... and that's why my lawyer is my lawyer.
 

fishmen111

Chief Petty Officer
Joined
Feb 1, 2008
Messages
637
Re: Now what?

What was your lawyer doing in court...defending himself on tax evasion charges? Way to stick it to the taxpayers. Oh, wait a minute...that's me.
 

jbjennings

Captain
Joined
Jul 18, 2007
Messages
3,903
Re: Now what?

Sarge,
Is your lawyer's name J. Noble Daggett??? He sounds like he has grit. Nevermind.....
You'll never succeed in putting it over on the DMV, they're like the devil, they always get the better of ya'. But I do wish you luck on it--can't stand 'em either. I tried to register a boat that was given to me recently ('69 duracraft practically in pieces) with the actual registration card (which has the title stuff on the back) and they wouldn't take it because it wasn't the "latest" issued card although it matches the last reg. sticker. Now they want a bill of sale, too. One hoop, two hoops, ......:)
 

JCF350

Lieutenant Junior Grade
Joined
Oct 21, 2007
Messages
1,149
Re: Now what?

Sounds like you just need get past the folks that work the front counter. It's been my experience that they don't know the ins and outs of things and anything besides the routine everyday transactions is beyond their knowledge.
 

oops!

Supreme Mariner
Joined
Oct 18, 2007
Messages
12,932
Re: Now what?

go to a different dmv sarge.......

a notary public for a bill of sale on a boat....horse feathers......

different counter, different day....different person
 

jimr

Senior Chief Petty Officer
Joined
Mar 21, 2004
Messages
723
Re: Now what?

the buisness sounds like a great idea until they make you show proof of insurance. if your town finds out and they will if you are running it out of your home your taxes could go up,zoning issues etc. it sounds like a bigger PITA than it is worth.Can't you just find the seller and get a bill of sale?
 

SgtMaj

Lieutenant Commander
Joined
Nov 19, 2007
Messages
1,997
Re: Now what?

the buisness sounds like a great idea until they make you show proof of insurance. if your town finds out and they will if you are running it out of your home your taxes could go up,zoning issues etc. it sounds like a bigger PITA than it is worth.Can't you just find the seller and get a bill of sale?

I live in the county, and have already run a business out of the garage... no insurance required, no zoning limitations (unless you want to run a retail business), also, no tax reassessments.

Yeah I could find the seller and get a bill of sale, though it would mean I'd probably have to pay him for his time to do so, I wouldn't feel right otherwise... but I couldn't get any paperwork on the trailer, so I would still be screwed.
 

beerfilter

Petty Officer 1st Class
Joined
May 11, 2007
Messages
305
Re: Now what?

All you need to show them is a bill of sale for the boat , do not mention the trailer , it doesn't have to be registered in Tennessee anyway unless it is over 5K# capacity .
Your county may require a notary , mine does not .
If the boat has a current or expired TWRA registration card with the "sellers" info on it , show them that too .
You can download and print a blank bill of sale , fill in the info , get in touch with the previous owner , and , have them sign it .

Not to recomend anything shady , but , the clerks office isn't going to know if the person signing as "seller" is actually the "seller" , niether is the notary ....;)

FYI , if it came with a motor , they do not have to know that either , since motors are not registered or titled here , either .
 
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