Bought boat, old owner won't produce title for trailer

What is the name of your state (only U.S. law)? Arizona

Hello,

I purchased a boat from a guy over 6 weeks ago. He had a lien on it from Bank of the West. In Arizona, the boat does not have a title, only the trailer so Bank of the West had possession of the trailer title with a lien on it. The previous owner had the boat registration in his posession.

We went to Bank of the West and I gave him the money right there so he could pay off his lien. We then gave the bank written instructions to sign the trailer title over to my name and send me all paperwork (I have a signed copy by bank teller, old owner and myself of this document). 3 weeks go by and I do not recieve anything form the bank. I call them and they inform me that they sent everything to the old owner in his name. They did not transfer to my name. I notify the old owner of this and he tells me he never got anything from the bank. The bank tells me there is nothing they can do at this point sinse they are not named as a lien holder on the title any longer and that I have to deal with the old owner.

I have requested that the old owner go to the DMV and get a new title so we can sign it over to my name. He has been uncooperative to say the least. I do not think he is going to come through on this. He has stopped returning phone calls. To make matters worse, I think he may have sold his house and may be in the process of moving out of state. I have already registered the boat in my name with the Dept. of Game and Fish. I do not have a title or registration to this trailer, though. Legally, I don't think I am even allowed to take the boat to the lake on the trailer until I have it registered in my name.

Can I take this guy to small claims court to force him to get a title and sign it over to me? I could go get a bonded title, but fear that it will devalue the vehicle because, as I understand it, it will not be a "clear" title, it will be a "bonded" title and that could scare some people away. I also have a Bill of Sale I had the previous owner sign. It was not notorized, though, just signed by him clearly staing what I bought and what the price of it was.

Thanks!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

well, since he refuses to deliver the title, you have the right to rescind the sale. I suggest given the choice of giving you a title or your money back, he will give up the title so sue away.

How exactly would somebody go about rescinding the sale? Is this something that is done through small claims court?

Eventually, if the seller would not willingly rescind the sale, yes.

So, basically I would send a demand letter giving the seller something like 10 days to provide a title or rescind the sale. If action is not taken in that time, I would file a suit for the money spent. (small claims courts generally only award money. They often cannot force actions).

Hopefully the guy takes you seriously and settles this but if not, go to court to seek the money back. Of course you will not get to keep the boat and get the money. The judge may simply ask the guy which he would prefer; rescind the sale or provide the title and he may get to pick.

Thanks gain for your reply.

The transaction was $21,000. I have registration on the boat, but no title on the trailer.

I am assuming I would have to rescind the entire transaction. $21,000 is over the limit for small claims. Would I have to go to Civil Court for this?

Oh ya, big time court.

If you do not want to rescind the entire sale, price out a trailer (similar age, size, type, and condition) and sue for that only. That may get you back to small claims but since I don't know squat about trailer prices, I could only guess.