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post #11 of 23 Old 08-24-2017
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Re: Private listing in Ontario question

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Originally Posted by skalashn View Post
Only registered vessel can have liens, and you can look it up by name at Vessel Registration Query System. If licensed I would ask for a copy of the license and prior bills of sale.

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I don't believe that is accurate. Only Registered vessels can be searched that way. But any kind of personal property can be used as collateral for a loan and therefore have a lien against it. To search for a lien, you need to search using the property owner's name and date of birth. You can do the search on-line using Access Now or by calling Service Ontario. There is a small fee - I forget amount. Maybe $10-$15. Well worth doing for a $50k boat.

This may explain it better:

https://www.ontario.ca/faq/what-do-i...dividuals-name
https://www.ontario.ca/page/register...ien-access-now
https://www.personalproperty.gov.on....oneservice.jsp
or Google for yourself.
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post #12 of 23 Old 08-24-2017
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Re: Private listing in Ontario question

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The boat is listed on the Kijiji, I can't see the ON###### on the hull in any of the pictures, so not sure if it's licensed or registered (I guess that should not matter too much). Is there a way for me to verify that the person listing the boat is a rightful owner? and that there is no leans against her?
It does matter if it is Registered or Licensed in that it will cost $$ to transfer ownership, change name etc. If Registered, search both ways for liens/mortgages.

Ask to see the boats documentation - either the Licence or the Registration.
Get the owner's name, home address as on driver's licence and ships documents, and date of birth as outlined in the above post.
You can write proof of ownership, absence of liens in as conditions of the sale in your offer to purchase along with passing a satisfactory survey and any other conditions.
There are sample Offers to Purchase on line. They may need to be adjusted for your needs. Perhaps try to find a Canadian one and avoid too much legalese - keep it simple.
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post #13 of 23 Old 08-24-2017
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Re: Private listing in Ontario question

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Originally Posted by skalashn View Post
Only registered vessel can have liens, and you can look it up by name at Vessel Registration Query System. If licensed I would ask for a copy of the license and prior bills of sale.

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Incorrect. A mechanics lien or financial establishment lien can be applied to any boat.

The hysterical laughter you hear as you drive a way in your"new" boat ..... is the seller.

Last edited by boatpoker; 08-24-2017 at 10:23 PM.
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post #14 of 23 Old 08-24-2017
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Re: Private listing in Ontario question

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Incorrect. A mechanics lien or financial establishment lien can be applied to any boat.
BP, I was wondering if you were following this thread. When I sold my last boat the surveyor told the buyer that he would check for liens etc.

I had no reason to doubt this, but I was curious if it was true. Is this part of the normal survey process.
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post #15 of 23 Old 08-24-2017
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Re: Private listing in Ontario question

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BP, I was wondering if you were following this thread. When I sold my last boat the surveyor told the buyer that he would check for liens etc.

I had no reason to doubt this, but I was curious if it was true. Is this part of the normal survey process.
The Ontario lien system is a myriad of holes. Admiralty liens are a legal nightmare and don't even have to be filed to have legal weight at a later date. Any surveyor who takes this on is cruising for a bruising or does not mind being sued.
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The hysterical laughter you hear as you drive a way in your"new" boat ..... is the seller.

Last edited by boatpoker; 08-24-2017 at 11:27 PM.
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post #16 of 23 Old 08-24-2017
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Re: Private listing in Ontario question

PS. Above refers to licensed boats only. For registered vessels one used to be able to look up on line for any encumbrances but that changed with the new privacy laws. It is possible to get such information on a registered vessel but TC will make you jump through many hoops to get it unless you are a bank looking for marine mortage info.

The hysterical laughter you hear as you drive a way in your"new" boat ..... is the seller.
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post #17 of 23 Old 08-25-2017 Thread Starter
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Re: Private listing in Ontario question

BP, you are killing me..................lol, but I do thank you for your words of wisdom.

Sounds like one can never be 100% certain if the boat is lean free. How the hell does anyone purchase a private sell boat in Ontario?
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Re: Private listing in Ontario question

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BP, you are killing me..................lol, but I do thank you for your words of wisdom.

Sounds like one can never be 100% certain if the boat is lean free. How the hell does anyone purchase a private sell boat in Ontario?
in the contract get the seller to accept all liability for any outstanding known or unknown liens.

or ....

Buy through a broker. it's his job to ensure provenance.
You can use a buyers broker to facilitate the private sale of a vessel.
Find a broker you can get along with and get him to approach the seller.
A good one will whittle his fee from the seller.

Buying through a broker also protects your deposit should the deal fall apart.

The hysterical laughter you hear as you drive a way in your"new" boat ..... is the seller.

Last edited by boatpoker; 08-25-2017 at 09:38 AM.
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post #19 of 23 Old 08-25-2017
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Re: Private listing in Ontario question

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Incorrect. A mechanics lien or financial establishment lien can be applied to any boat.
Interesting. Learn something new every day. TC website says registration is required for a marine mortgage.

What would serve as a title or proof of ownership for a licensed boat in order for a financial establishment to register collateral?
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post #20 of 23 Old 08-25-2017
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Re: Private listing in Ontario question

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Originally Posted by skalashn View Post
What would serve as a title or proof of ownership for a licensed boat in order for a financial establishment to register collateral?
Just requires a description. Every boat has a builder's serial number molded or stamped into the hull. On top of that a licensed boat has a licence that states the owner's name, details of boat and the number that should be on the bow. In Ontario liens for boats are not accessible by serial number. That is why a search must be by owner's name and date of birth.

More than enough info provided above. Buyer should do a search for lien himself or hire a broker to work on his behalf or have his lawyer act on his behalf. If buyer borrows the money to buy the boat, the lender may very well ensure that no prior liens exist. Sometimes a level of trust between buyer and seller will suffice. Probably not for large ticket items.
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