[FL] Sale of a USCG documented boat, buyer didn’t transfer into his name

[Chsbrosm]

Back in February I sold a USCG Documented sailboat to a guy in Florida. We appeared in person in front of notary public, used USCG Bill of Sale CG-1356 form along with a sales contract and got both signed and notarized.
Following the sale, I (seller) recorded the CG form with USCG National Vessel Documentation Center, they added it to their records and sent me a certified copy of a recorded Bill of Sale.

I also went to the Tax Collector office and filed a Notification of Sale form with them (also have a stamped copy with their file number).

Fast forward to last week, I get a phone call from USCG that the boat is aground and taking water. I explained that I sold it. Upon checking in their system, they confirmed they now see I sold it but said that when they go by FL registration I still show up as owner so the sheriff or fish and wildlife will likely think that too. USCG said they won’t bother me anymore but I am worried about other agencies.

TLDR, buyer didn’t register the boat in his name, ran it aground and sank it.

Am I covered or can be in any way on the hook for this?

[Jammer]

I am not an attorney but if I were in your situation I would worry about something else.

[Chsbrosm]

I am sorry if I misunderstand but are you saying I shouldn’t worry about it? Or is there some other aspect of this that I should worry about?
Sorry I am paranoid about this whole fiasco here:/

[Jammer]

What I am saying is that I would instead worry about something else that is more likely to pose a future problem than a boat that you can prove you don't own. Global warming, orcas, UFOs, floating containers, Brexit, osmotic blistering, stuff like that.


There are a couple of states that have proposed or even adopted laws that prohibit the sale or transfer of a larger boat unless the buyer has insurance in force at the time of the sale. As far as I know, Florida isn't one of them.

[Bobby Lex]

My experience in Florida has been that when you register a vessel or vehicle in Florida (the same State agency handles registrations of both cars and boats) typically that registration stays "active" until renewal time -- usually a year later in the month of your birthday. If you don't re-register at renewal time your registration lapses and that's the end of it.

I don't know if there is an actual process for "un-registering" your vehicle or vessel in Florida. Maybe you should place a call to the Florida Vessel Registration folks for some guidance.

If you do call them, I think you'll find that Jammer is right. You probably don't have anything to be concerned about.

Bob

[ABJ87]

This is the Florida“un-registration” change of owner.

https://www.flhsmv.gov/pdf/forms/82050.pdf

It needs the buyers signature unfortunately. Might be worth a call to the DMV, to check your options .

[SailingHarmonie]

Your boat does not have "FL" numbers on the hull, and it is unlikely that the responding officer wil look at the decal number, rather he will call the USCG to get the owner of record.

But seriously, this happens ALL the time in Florida. the crackhead ho buys a cheap boat as cheap housing never registers it, and the water police go to the last registered owner. You show them the bill of sale and they go away, looking for the scofflaw who's name and address are on the bill of sale. They are REALLY used to it.

Yes, you will likely be asked about it, but it's not a big deal to clear it up if the story is exactly as you describe.

[Chsbrosm]

Originally Posted by ABJ87

This is the Florida“un-registration” change of owner.

https://www.flhsmv.gov/pdf/forms/82050.pdf

It needs the buyers signature unfortunately. Might be worth a call to the DMV, to check your options .

I did submit that exact form. Thanks!

[flightlead404]

Originally Posted by SailingHarmonie

Your boat does not have "FL" numbers on the hull, and it is unlikely that the responding officer wil look at the decal number, rather he will call the USCG to get the owner of record.

But seriously, this happens ALL the time in Florida. the crackhead ho buys a cheap boat as cheap housing never registers it, and the water police go to the last registered owner. You show them the bill of sale and they go away, looking for the scofflaw who's name and address are on the bill of sale. They are REALLY used to it.

Yes, you will likely be asked about it, but it's not a big deal to clear it up if the story is exactly as you describe.

Many of those "crackhead hos" are the bartenders, bus boys, waitresses, bar backs and even welders who live and work in the keys are aren't making enough money to live on land.

everyone likes to itch about how expensive things are, and how its hard to get good help and so on, but aren't willing to see the other end of it.

one thing that punitive anti-anchoring regulations like those being slipped through by thieves like Bill Spottswood will do is raise the prices you're paying for your daiquiri.

[Fishspearit]

You'll be ok, fortunately you filed that bill of sale with the USCG so you have proof.

I went through something similar years ago here in Florida. I sold a Boston Whaler that was state registered, fortunately I kept the bill of sale that he signed because he never transferred the registration to his name. He would go into the Polk County tax collectors office every year and pretend to be me and pay the registration fee on the boat, but it always stayed in my name. I would get a tax bill every year for the boat and trailer, and every year I would show the bill of sale to the tax collector and say I don't own the boat. I called the Polk county Sheriffs office, the Polk county DA, filled out the State of Florida forms saying the boat was sold along with copies of the bill of sale.

Nobody cared. I was always worried about the liability issue but there ended up being nothing I could do. Finally after 7 or 8 years I quit getting the tax bills.

I seriously considered taking a few friends up there and just taking possession of my boat, but I was advised that if he still had a copy of the bill of sale then I would be arrested for theft.

[Bobby Lex]

Originally Posted by Fishspearit

I went through something similar years ago here in Florida. I sold a Boston Whaler that was state registered, fortunately I kept the bill of sale that he signed because he never transferred the registration to his name. He would go into the Polk County tax collectors office every year and pretend to be me and pay the registration fee on the boat, but it always stayed in my name.

If the new owner registered it in his name he would have had to pay sales tax at that time. So he avoided that by pretending to be you and just paying the registration fees. Not completely illegal. Just "half-legal". LOL.

Bob

[PJS]

Originally Posted by flightlead404

Many of those "crackhead hos" are the bartenders, bus boys, waitresses, bar backs and even welders who live and work in the keys are aren't making enough money to live on land.

everyone likes to itch about how expensive things are, and how its hard to get good help and so on, but aren't willing to see the other end of it.

one thing that punitive anti-anchoring regulations like those being slipped through by thieves like Bill Spottswood will do is raise the prices you're paying for your daiquiri.

This forum is NOT a political soapbox so so don't make it one.... the issue is, whomever the new owner is, is that people are generally flakes; crackhead ho's or otherwise. It is not the sellers obligation to ensure the asset registration is transferred to the new owner. The due diligence was completed by the executed and notarized BOS and the USCG transfer documentation was completed.

As with many things in this world, we all end up paying for those irresponsible, flakey people. The seller is in the clear.

[Shrew]

The buyer wasn't obligated to register the boat immediately, or ever in the State of Florida as long as they moved the boat.

Technically, you were supposed to notify the state that your state registration needed to be cancelled. However, active state registration doesn't dictate ownership. The transfer of ownership follows the title or the USCG documentation.

[smj]

Originally Posted by Shrew

The buyer wasn't obligated to register the boat immediately, or ever in the State of Florida as long as they moved the boat.

Technically, you were supposed to notify the state that your state registration needed to be cancelled. However, active state registration doesn't dictate ownership. The transfer of ownership follows the title or the USCG documentation.

The buyer was obligated to pay Florida sales/use tax whether the boat was moved or not, if sold by owner.

[Shrew]

Originally Posted by smj

The buyer was obligated to pay Florida sales/use tax whether the boat was moved or not, if sold by owner.

Makes sense. The only boat I bought in Florida was as a non-Florida resident, and the vessel was removed from the state, which rendered it exempt from taxes.