Purchase Procedure-New York - SailNet Community

   Search Sailnet:

 forums  store  


Quick Menu
Forums           
Articles          
Galleries        
Boat Reviews  
Classifieds     
Search SailNet 
Boat Search (new)

Shop the
SailNet Store
Anchor Locker
Boatbuilding & Repair
Charts
Clothing
Electrical
Electronics
Engine
Hatches and Portlights
Interior And Galley
Maintenance
Marine Electronics
Navigation
Other Items
Plumbing and Pumps
Rigging
Safety
Sailing Hardware
Trailer & Watersports
Clearance Items

Advertise Here






Go Back   SailNet Community > General Interest Forums > Boat Review and Purchase Forum
 Not a Member? 


Reply
 
LinkBack Thread Tools
  #1  
Old 07-27-2011
Junior Member
 
Join Date: Jul 2011
Posts: 12
Thanks: 0
Thanked 0 Times in 0 Posts
Rep Power: 0
Capt Porkchop is on a distinguished road
Purchase Procedure-New York

Hi All,
I'm new to the site and have been reading everything I can get my hands on. This site and it's members are great. Good info. My question is, I'm looking at a 76 Pearson 28. So far looks good, solid condition, had it looked at by more experianced eyes, and with a few cosmetic fixes, we should be good. I talked to the yard manager, and apparently a substantial amount of fees are owed. Seller came across hard times. Do I need to check for liens on the vessel? Should I have something signed by owner and yard manager freeing me of monies due? Additionally, if we go through with purchase, what is the basic procedure?
-Agree on amount subject to seatrial
-purchase and transfer ownership
-due to it's age, is there a Title or just a transfer of Reg?
-register at DMV
-insure
I will also need to find out what the arrangement is with the yard re:storage.
Sorry for the long winded question.
Reply With Quote Share with Facebook
  #2  
Old 07-27-2011
captainrizzo's Avatar
Senior Member
 
Join Date: Feb 2008
Location: Baltimore, MD
Posts: 176
Thanks: 0
Thanked 0 Times in 0 Posts
Rep Power: 7
captainrizzo is on a distinguished road
Your best bet is to talk to a lawyer. Second best is call a boat dealer in NYS with the same questions. I believe boats 1973 and newer have a title. You have to also make sure that the title is clear of lienholders so ask the boat owner to see the title before you make an offer.
__________________
-Riz
2005 Catalina 350 Grazia

"If you want to build a ship, don't herd people together to collect wood. Just teach them to long for the endless immensity of the sea"
Antoine de Saint

My Blog:
To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.
Reply With Quote Share with Facebook
  #3  
Old 07-27-2011
ASA and PSIA Instructor
 
Join Date: Apr 2000
Posts: 3,373
Thanks: 6
Thanked 14 Times in 14 Posts
Rep Power: 15
sailingfool will become famous soon enough
Find out if it is documented. If yes, make sure the document has no liens.

Use this agreement, mark up as needed for your circumstances and concerns:
http://www.integrityyachtsales.com/i..._Agreement.pdf

Check some other threads like what to put in purchase and sale
l of sale.
__________________
Certified...in several regards...
Reply With Quote Share with Facebook
  #4  
Old 07-27-2011
Senior Member
 
Join Date: Feb 2007
Location: New Jersey
Posts: 1,684
Thanks: 4
Thanked 9 Times in 9 Posts
Rep Power: 8
Tempest is on a distinguished road
Who has the title?
How much is owed and to who?
Is what is owed in excess of the value?

If the owner has the title, and the boat yard is owed the money they may very well have a lien on it, unless they have avoided doing the paperwork. Some marinas force the issue and seize the boats and put them into auction.

This could get tricky. The owner could transfer the title to the marina to settle their debt..and then you could purchase it from the marina...but that's no guarantee that the title is clean if someone else has a lien on it.

You may need someone to broker this deal for you. You need to make sure you get a clean title.
__________________
Tempest
Sabre 34
Morgan, NJ
Reply With Quote Share with Facebook
  #5  
Old 07-27-2011
Senior Member
 
Join Date: Oct 2009
Location: Virginia
Posts: 973
Thanks: 3
Thanked 13 Times in 13 Posts
Rep Power: 5
chuck53 is on a distinguished road
I didn't see where you plan on having a survey. On an old boat, even a cheap one, get a survey. You may find out it needs repairs far in excess of what you are planning to spend.
Reply With Quote Share with Facebook
  #6  
Old 07-27-2011
ASA and PSIA Instructor
 
Join Date: Apr 2000
Posts: 3,373
Thanks: 6
Thanked 14 Times in 14 Posts
Rep Power: 15
sailingfool will become famous soon enough
Quote:
Originally Posted by Tempest View Post
Who has the title?
How much is owed and to who?
.....
You may need someone to broker this deal for you. You need to make sure you get a clean title.
Again, if the boat is USCG documented, there is not likely to be a title.

I would not worry too much if the doc or title, which ever applies is clear, if anyone wants money it is likely to be the yard, and they will be happy to tell you.
__________________
Certified...in several regards...
Reply With Quote Share with Facebook
  #7  
Old 07-27-2011
Senior Member
 
Join Date: Feb 2007
Location: New Jersey
Posts: 1,684
Thanks: 4
Thanked 9 Times in 9 Posts
Rep Power: 8
Tempest is on a distinguished road
NYS DMV - (Brochure) Q & A About Your Certificate of Title

New York Title info.
__________________
Tempest
Sabre 34
Morgan, NJ
Reply With Quote Share with Facebook
  #8  
Old 07-28-2011
ASA and PSIA Instructor
 
Join Date: Apr 2000
Posts: 3,373
Thanks: 6
Thanked 14 Times in 14 Posts
Rep Power: 15
sailingfool will become famous soon enough
Quote:
Originally Posted by Tempest View Post
I have never lived in NY, what do I know?

I know the answer is not so simple. States don't do a good job of defining and communicating their vehicle-oriented registration and title rules for the special case of federally documented boats...you can call a DMV and talk to three people and get different and generally useless answers.

My personal experience, and other threads on this board over the years says this - documented boats are generally exempt from state title and registration, requiring participation in the registration process only to the extent to ensure the state gets every tax dollar due.

There are fifty states, and who knows what twists may exist in a state?

That said, if you read this NY chart carefully,
http://www.nydmv.state.ny.us/forms/boats.pdf
it seems that my generalization above in fact accurately applies to New York, where documented boats get no title, are registered, but no registration numbers.

Go figure.
__________________
Certified...in several regards...
Reply With Quote Share with Facebook
  #9  
Old 07-28-2011
Junior Member
 
Join Date: Jul 2011
Posts: 12
Thanks: 0
Thanked 0 Times in 0 Posts
Rep Power: 0
Capt Porkchop is on a distinguished road
Thanks for all the responses. I will proceed with caution.
Reply With Quote Share with Facebook
  #10  
Old 07-28-2011
Senior Member
 
Join Date: Feb 2007
Location: New Jersey
Posts: 1,684
Thanks: 4
Thanked 9 Times in 9 Posts
Rep Power: 8
Tempest is on a distinguished road
Quote:
Originally Posted by sailingfool View Post
I have never lived in NY, what do I know?

I know the answer is not so simple. States don't do a good job of defining and communicating their vehicle-oriented registration and title rules for the special case of federally documented boats...you can call a DMV and talk to three people and get different and generally useless answers.

My personal experience, and other threads on this board over the years says this - documented boats are generally exempt from state title and registration, requiring participation in the registration process only to the extent to ensure the state gets every tax dollar due.

There are fifty states, and who knows what twists may exist in a state?

That said, if you read this NY chart carefully,
http://www.nydmv.state.ny.us/forms/boats.pdf
it seems that my generalization above in fact accurately applies to New York, where documented boats get no title, are registered, but no registration numbers.

Go figure.

New Jersey is the same...Even with a documented vessel...I have to register it each year. I am only exempt from having to display the registration numbers on my bow. I still have to display an annual sticker and carry the State registration card along with my CG documentation papers.

There's no indication that the vessel in question in NY was documented, or if documented, was current. CG requires an annual renewal.

It appears that in New York there are several ways to transfer ownership.
Depending on the circumstances. Title, Transferable registration, or CG documentation. That's why one would need to see what the owner currently possesses. You would need to be very careful, because it also appears that a lien can be transferred to the new owner in certain circumstances.
You certainly don't want to pay the owner..and assume a lien at the same time.
__________________
Tempest
Sabre 34
Morgan, NJ
Reply With Quote Share with Facebook
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

 
Posting Rules
You may post new threads
You may post replies
You may post attachments
You may edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Hove To COB Procedure davidpm Seamanship & Navigation 25 02-01-2010 11:02 AM
Documentation & Registration procedure midnightsailor Boat Review and Purchase Forum 21 10-31-2008 11:36 PM
Tacking procedure Tortuga12 Learning to Sail 20 09-29-2008 03:48 PM
It's New York, New York for Frank Gehry at long last - China Post NewsReader News Feeds 0 05-01-2007 11:15 PM
MOB procedure with Spinnaker up? AJS Seamanship & Navigation 4 08-26-2004 08:17 PM


All times are GMT -4. The time now is 03:22 AM.

Add to My Yahoo!         
Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
SEO by vBSEO 3.6.1
(c) Marine.com LLC 2000-2012