Indiana Legal advice: Seller not providing an Indiana boat title

[3899]

Hello, I purchased a Ranger boat back in December at an Auction in Indiana. I was promised by the auctioneer and the owner that it had a good title, they just didn't have it at sale time. The people that sold it were going to file for a lost title and send it to me. Should be cut & dry. Well now it's April, and I need to get this boat on the water, and no title. I'm from Ohio, so I need a title to get it inspected first. They do have the last registration papers, can I go about getting an Ohio title without having the Indiana title? Anything I can do legally to go after these guys to get the title fixed correctly? I believe they got the boat from some people and had it sighned off, but never put it in their name and now have to find the previous owners to start over. They have since stopped answering the phone when I call. I do have their mailing address. Anyone familiar with Indiana laws? What to do?
Thanks for any help
Jeff

 

[wbc1957]

Re: Indiana Legal advice: Seller not providing an Indiana boat title

I woud contact both the BBB and the Attorney General's Office on the auctioneer. It's called fraud! Then I would file a small claims case against the auctioneer also. This filing would then be reported back to the BBB for their further update. Then watch the auctioneer come to you.

 

[Silvertip]

Re: Indiana Legal advice: Seller not providing an Indiana boat title

Dealing with the BBB is like dealing with any government office. They don't get involved in petty stuff like this. Small claims court cost just a few bucks and you can act as your own attorney. Get facts down (dates, times, names, addresses, etc.,) and send a couple registered letters. You can also file for repayment of expenses and lost time from work. But this is another lesson in titles. Unless you have lots of time, like to deal with goverment people, then DO NOT buy any titled vehicle if they cannot produce a valid title for said vehicle. Without proper documentation you have no idea if the vehicle is stolen or not.

 

[Wingedwheel]

Re: Indiana Legal advice: Seller not providing an Indiana boat title

I'm not sure how Ohio does it, but in MI you don't get a title for anything under 18'. As long as you have a bill of sale(which should have been provided by the auction house) You would be fine. Have you called the State office and inquired?

 

[smokeonthewater]

Re: Indiana Legal advice: Seller not providing an Indiana boat title

that boat needs a title in indiana.... your only recourse against the seller (auctioneer) is small claims court .... You may also be able to have a county judge issue a court order for the dmv to issue you a title.

 

[roscoe]

Re: Indiana Legal advice: Seller not providing an Indiana boat title

"and I need to get this boat on the water, and no title. I'm from Ohio, so I need a title to get it inspected first."

I'm still puzzled by the boat inspection.

As far as the title, good luck. It was 6 months ago, they got your money, and now they don't care.

The fact that you are dealing across state lines, will make it tougher on you.

Time to spend money on a lawyer.

 

[smokeonthewater]

Re: Indiana Legal advice: Seller not providing an Indiana boat title

he has to get the vin verified to convert the indiana title to an ohio title

 

[MTboatguy]

Re: Indiana Legal advice: Seller not providing an Indiana boat title

I would contact the authorities in the state where the auction service is licensed, I don't understand why people buy things without a title, before the auction, you need to verify they do have the correct paperwork before you bid! every single vehicle I have ever purchased at an auction, once I paid, they provided all of the paper work to me right there on the spot..if they don't, I don't pay, and I inspect the paper work before I pay for it...

 

[jopes]

Re: Indiana Legal advice: Seller not providing an Indiana boat title

If you have been pushing them for a title and they have not provided it, go directly to small claims court. They are the sellers and need to do this, or you want your money back. To me this would be the fastest way to get it out on the lake.

 

[robthompson66]

Re: Indiana Legal advice: Seller not providing an Indiana boat title

In Michigan if the boat is less than 18' and does not have a permanently attached motor you don't have a title, if it is an I/O, you have a title. In Michigan, you can get a surety bond in lieu of title of you lose the title and can't verify ownership. It has to be for 2x the value of the watercraft and be for 3 years. Back in '06 I bought an old jet ski for $300 and didn't realize that the title had an erasure on the back. The secretary of state wouldn't let me register it and the guy I bought if from flat out refused to get an instant title for me (20 minute process) I even offered to pay. It was in fact registed to him, he just was a jerk. I paid $100 for a surety bond from an insurance company and got it registered...lesson learned.

 

[3899]

Re: Indiana Legal advice: Seller not providing an Indiana boat title

The auction company only acts as an agent between the seller and the buyer. It was an oversight in this instance that the title was not on hand. The seller actualy did return my call after I posted this today (which I didn't expect), and said the auction company has not paid him from the auction which is why he has not acted yet towards getting me the title, which I don't believe. And I responded to him, that it's not my problem, that title should have been at the sale and sighned regardless of what the auction comp does. He has the meens to produce the title, he's just dragging his feat. I need to find a legal action to get him to follow through, that's not going to cost me an arm and leg. I do agree that the auction company should have been more dilligent before the sale to get everything in order. I will get to the bottom of this. I do have have the phone # of the auctioneer and his wife. I can make some trouble if I have to.

 

[Pez Vela]

Re: Indiana Legal advice: Seller not providing an Indiana boat title

I believe that you will find that auctioneering is a regulated business requiring a license in Indiana. The auctioneer's license is issued (and may be revoked) by the Indiana Auctioneer Commission http://www.in.gov/pla/auction.htm Based upon similar auction complaints posted previously, I believe that you will find that auctioneers are legally required to screen title documents prior to offering the boat for sale. This is to protect an unsuspecting buyer from buying a stolen boat or a boat for which the seller simply is unable to convey his purported ownership interest. The auctioneer has liability here. I would commence an action against his license, and simultaneously see if you can begin a consumer complaint with the Indiana Attorney General's Office http://www.indianaconsumer.com/filecomplaint.asp The auctioneer will then have an incentive to work on your behalf to compel the seller to make good on his promise. If in fact the auctioneer has not paid the seller, then you and he may both end up double teaming the auctioneer. Good luck.

 

[3899]

Re: Indiana Legal advice: Seller not providing an Indiana boat title

Great info Pez. That helps a lot!

 

[wbc1957]

Re: Indiana Legal advice: Seller not providing an Indiana boat title

I believe that you will find that auctioneering is a regulated business requiring a license in Indiana. The auctioneer's license is issued (and may be revoked) by the Indiana Auctioneer Commission http://www.in.gov/pla/auction.htm Based upon similar auction complaints posted previously, I believe that you will find that auctioneers are legally required to screen title documents prior to offering the boat for sale. This is to protect an unsuspecting buyer from buying a stolen boat or a boat for which the seller simply is unable to convey his purported ownership interest. The auctioneer has liability here. I would commence an action against his license, and simultaneously see if you can begin a consumer complaint with the Indiana Attorney General's Office http://www.indianaconsumer.com/filecomplaint.asp The auctioneer will then have an incentive to work on your behalf to compel the seller to make good on his promise. If in fact the auctioneer has not paid the seller, then you and he may both end up double teaming the auctioneer. Good luck.

Attorney General's Office? Where did I see this before?

 

[444]

Re: Indiana Legal advice: Seller not providing an Indiana boat title

I think your first step is to contact the auctioneer and ask for proof of the seller being paid. Having a copy of a cashed check from the auctioneer in hand would be very handy for when you take the seller to small claims court.

 

[wbc1957]

Re: Indiana Legal advice: Seller not providing an Indiana boat title

I think your first step is to contact the auctioneer and ask for proof of the seller being paid. Having a copy of a cashed check from the auctioneer in hand would be very handy for when you take the seller to small claims court.

Auctioneer acted a broker for the sale, therefore he can't take the original owner to court. He can try to get the original owner to help on moral grounds, but legally there was a contract made with the auctioneer, and under contract law the auctioneer is the liable party.

 

[smokeonthewater]

Re: Indiana Legal advice: Seller not providing an Indiana boat title

correct.... you did not buy the boat from the previous owner.... you bought it from the auctioneer.... it's HIS butt on the line

 

[444]

Re: Indiana Legal advice: Seller not providing an Indiana boat title

correct.... you did not buy the boat from the previous owner.... you bought it from the auctioneer.... it's HIS butt on the line

Is it? If the auctioneer's name was never on the title or the bill of sale, I could really see the auctioneer trying to distance himself from the situation. Either way, if you bought the boat understanding the title was supposed to come with it, he really should be held liable.

 

[smokeonthewater]

Re: Indiana Legal advice: Seller not providing an Indiana boat title

fwiw.... he MAY actually be withholding payment from the previous owner BECAUSE they haven't provided him with a title to send you..... I'd definitely call him.... might just be a big misunderstanding

 

[5150abf]

Re: Indiana Legal advice: Seller not providing an Indiana boat title

If this guy was a liceanced auctioneer maybe you could contact whatever group it is that liceances them, you start going after his money and you will probably get his attention, that they no longer answer your phone calls speaks volumes as to thier intensions.

Small claims court is probably your best bet though and I would file in your local court house, make him come to you, once he gets served a summons I think you will get his attention.

Too bad you have to go through this and I hope everything works out for you.