Consumer Law, Warranties Purchase of Boat & Trailer

[Attmac]

Back in 2005, I purchased a home on a lake. In a seperate cash transaction, I purchased a boat and trailer from the owner. The owner provided titles with leans on them but gave me photocopys of the lean releases. When I took the titles and lean releases to New York State DMV to register the boat and trailer, I was informed that the titles were not the last titles issued and I would need them in order to register both. The previous owner moved to South Carolina. I tracked him down and explained the situation. First he told me that the Title Bureau lost the last title, then he sent me 2 other titles which I took to NYS DMV. These also were not the latest titles issued. I explained to him that he needed to contact the NYS Title Bureau and have them issue duplicate titles with the latest issued date so I could register the boat. Finally I received the proper titles but there still was a lean on both. I was also sent one original title release and one photocopy. The previous owner stated this cost him $100 to get these titles and wanted me to pay 50% of the cost. Now I'm trying to obtain the last original lean release on the trailer and the previous owner is telling me he will send it when I send him $80for his expenses. Isn't it the responsibility of the owner to provide the proper paperwork in a sales transaction?

 

[Michael Wechsler]

If this were me I'd tell the prior owner that the deal was you'd be able to purchase a boat free and clear of the liens. His need to spend money to make the deal possible is his responsibility. Without it, the sale cannot take place and he obviously didn't expect you to pay all his costs of ensuring that he could pass title over to you. This only became a problem after you agreed to a price and to buy the boat. Does that make sense?