Consumer Law, Warranties Obtaining a boat title from seller

[robwebb]

I bought a used boat from a private party. He did not have a title for the boat yet but he had the title application. He had only applied for the title a few days before. I know for certain that he is the legal owner of the boat and that there are no liens against it. I paid him for the boat and he was to deliver the title to me when he received it from the State. A few days later he left a voice mail for me saying he received the title and was mailing it to me. I never reeceived it and now he will not return my phone calls and will not respond to my emails. He is screening his calls and will not answer if I call.

I have a bill of sale for the boat and I want to keep it. How do I get this guy to hand over the title? If I file a case against him in county court what type of action is it? Thanks

 

[jharris352]

Breach of contract is what has happened. You can file a suit for title. You have a contract to sell that is your bill of sale. You reached an agreement, memorialized it on the bill of sale, you provided consideration (money), and while he delivered the boat, he has failed to deliver clear title to it.

Sue for title.