• RECEIVE THE GIFTS MEMBERS SHARE WITH YOU HERE...THEN...CREATE SOMETHING TO ENCHANT OTHERS THAT YOU WANT TO SHARE

    You know what we all love...

    When you enchant people, you fill them with delight and yourself in return. Have Fun!!!

Sign in to follow this  
RAK

HELP - Title Transfer from Dealer

Recommended Posts

RAK

I need advise on what I should do, and if I have any legal action that I can take.

I purchase a used boat (2003 16’ Bayliner) in 2004 from a dealer in St. Cloud, I don’t know if I can post their name, but “Think Link”. The previous owners bought the boat new in June of 2004 and traded it in for an 18’ boat. I then bought it in July of 2004 and the dealer still has not transferred the title into my name. I have been calling the dealer every month since April of 2005 when I found out by the DNR that it was titled. I was told in July that the title was transferred into the dealers name and now they had to transfer it into my name, then in October, November & December I was told that I should have it within two weeks. I called again yesterday and was told that they just sent in all the paperwork, because they had to wait for a check from corporate, but I should have it within two weeks. I called the manager of all MN stores from Rogers and he said that he would look into it. I then get a call back from the St. Cloud manager who tells me that the previous owners bank will not sign off on the title. So to my point, I have a three-year-old boat that needs registration that I cannot purchase because it is not titled to me, and the dealer “Think Link” has been lying to me this hole time. What should I do?

Share this post


Link to post
Share on other sites
Woodland

Call the Manager and tell him that "his" boat is being returned in 7 days, if you don't have a clean title in your hand.

I'm not an insurance expert, but I don't think you can collect on an insurance claim for a boat that is titled in someone elses name. If you don't have the title, I don't think you technically own the boat. (Again, I am not expert!)

A letter from your attorney might help them file the title transfer, too.

Good Luck!

Share this post


Link to post
Share on other sites
Down Deep

Most likely the reason the previous owner's bank will not sign off is that there is still an unpaid loan on the boat. The previous owner may have pledged the boat as calateral on another loan and never cleared the loan. This is really not your problem and the dealer does owe you a clean title and they might have to pay off the boat. They have an obligation to clear the title before selling it. I would make a personal visit to the dealership and meet with the owner or general manager.

Share this post


Link to post
Share on other sites
HutchBucks

All I can say about this dealership is....GOOD LUCK!!!!

Share this post


Link to post
Share on other sites
JohnMickish

I went thru the exact same problem with the same dealer. The only difference is the excuse I got was because it was an out of state boat. After five months of phone calls and once stopping in I finally gave them one week or I was going bring the boat back and demand my money back. I got the title then.

I have no idea how these people can stay in business.

Share this post


Link to post
Share on other sites
chadly

If you do not have any luck from the dealer contact the MN Attorney General's office and document your troubles. They will should be able to help and will probably send a letter to the dealer stating the corrective action they would need to take. You can also send a letter to the Better Business Bureau of MN and get them involved.

Share this post


Link to post
Share on other sites
JohnMickish

This dealer already has an unfavorable rating at the BBB so I don't know if a guy can threaten them that way or not. These guys are clowns and have no business selling anything. I will never ever step a foot in one of their stores or sales areas again, and I try to pass the word on to as many people as I can.

Share this post


Link to post
Share on other sites
dukhntr

DD may have hit the nail on the head. The previous owner pledged the boat as collateral for a loan that hasn't been paid off yet. This is a common problem. Sometimes, it is a matter of the bank not following up on their customers to get the titles and get on the title card as a secured party, or the customer simply wants to defeat any claim of the bank. Sometimes, it is simply a mistake. Either way, after a while, both partys can simply forget about it.

Another alternative is simply that the bank never released its security interest after having been paid off. Again, it may be nothing more than a lack of follow up.

With the first situation, you purchased an item (boat, motor and trailer) from a dealer. As a result, you are a "bona fide purchaser" and therefore the dealer has already conveyed good title to you. But the title card is still in error. Failure to provide you with a good "clear" title card is likely fraud (you paid for it, but they wouldn't give it to you). There may be other claims as well.

You should go to the dealer and ask to speak with the manager, as others have suggested. You should point out to him or her that you paid for the goods (boat motor and trailer) AND a clear title to same. Advise the manager that he has one week to get this matter resolved. Also advise the dealer that your next stop is to the police station to swear out a complaint for fraud, and then after that to get an attorney to sue the dealership. The lawsuit will likely involve various consumer protection laws, and therefore attorneys fees and possible treble damages are available, depending on the conduct. Also make sure you get the name and mailing address of the General Manager (In WI, I think). When you get home, remember to send a letter making the same demands in writing to the manager you spoke with as well as the General Manager. Make sure the letter recounts, to the best of your recollection, the various dates you have attempted to get this matter resolved. Make SURE you send the letter via Certified Mail, and save a file copy for yourself. After the one week period has expired, and if there has been no action or acceptable communication, get your attorney and the police involved. Take the letter with you when you talk to both the police and your attorney.

Likely, the dealership will see the very real possibility of incurring large damages, and significant attorneys fees is greater than the cost to pay off the boat and clear the title. In short, the dealership will make the right decision and clear the title by paying off the loan.

With the second situation, you could go to the DNR and give them the registration number and ask for a copy of the title. If the problem is as described in the first set of facts, the bank or lender's name will show up as a secured party. You can then contact them to see if they will release the security interest. If the loan has been paid off, generally the bank or lender will be happy to clear the title for you.

hope some of this helps, and good luck.

dukhntr

Share this post


Link to post
Share on other sites
Valv

Wow Dukhntr that was really nice.

Share this post


Link to post
Share on other sites
federline

Yes, these guys are awful in their Rogers store, too. My friend has gotten real good at fixing their repair mistakes made on his boat!

Share this post


Link to post
Share on other sites
dukhntr

Thanks, Valv.

Dukhntr.

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.
Sign in to follow this  



  • Your Responses - Share & Have Fun :)

    • krustykrab
      The Pine River stripping station will begin running on Monday, April 23rd.
    • laportian
      I live on the north side of Cass on the Pughole. We had 30 inches of ice out in front of my dock yesterday. Pughole is the flowage between Kitchie and Cass. I'm 200 yards off Cass and the current is pretty strong there. Top few inches was pretty mushy. Nothing happening as far as fish yet. But they are coming. Jumbos move in soon. Also seen a truck out off of Star Island on Monday evening. I imagine they have more ice out on the main lake than I have. I'm for sure going to be out ice fishing through next week at my place. Ice hasn't even begun to pull from shore at my place. 
    • Bigfatbert
      Hey there DUCKHTR . No need for a guide to hunt divers on Leech or Big Winnie . Your spots that you hunted early season on Leech will also be good spots for later season . I don't duck hunt anymore , but I used to hunt a lot on Winnie , mostly all my hunting there was on the north end Third River Flowage . Travel north from Deer River up Hwy 46 to the sign that directs you to turn left , then travel west on that gravel road for about 10-12 miles to the 3rd river boat landing . You should have no problem launching your boat there . From the landing outward is a lot of tall reeds on both sides of you  , this flowage widens out as you go farther out ,and depending on your wind direction on the day of your hunt , you can just pick and choose a spot  , all the way out , and down to Mallard Point where it really opens up to big water on Winnie . You will need to buy up 3-4 dozen Bluebill decoys , and also use your Mallard decoys you must already have . We used to have great shoots in that area of the lake . In the dark of the morning when your heading out you may have other hunters shine a flashlight your way , they are just letting you know that they are already set up in that spot , don't worry , there is plenty of room for many different hunting groups in the flowage . Once you get a few hunts below your belt , you will then have a better understanding of some of your favorite spots to set up ..  I had one particular spot we used to call the "Meat Market" because we used to kill so many ducks there in that spot . Just put out your decoys in the spot you choose , and then  pull your boat into the reeds parallel to the water , wait for legal shooting hrs , and have at it . From my recollection the Bills would start to trickle down from the north around the 20th or so of Oct .. I I hope this helps you out somewhat .
    • gimruis
      Well played.  Wish more people had that attitude.  Even a reduced statewide limit and/or a minimum keeper size would be fine by me.
    • gunner55
      I crossed paths with the person that works over there yesterday & got to ask if they would be netting on the Opener? Their reply was it might be July.  We'll see, may run into them again in the near future.
    • paceman
      Went for a short hunt yesterday morning. Heard a few gobbling on the roost on the neighbors land. They did not come my way and did not make any sounds once they flew down. It was great to be in the blind with the bow again. I am always amazed how loud the spring woods are. Every bird in the country was going crazy. Ducks, geese, crows, woodpeckers... music to my ears! Might get out again Sunday afternoon with my son and then myself Monday morning depending if we see anything Sunday....
    • OhioVike
      Tom, good thoughts now we need good weather!
    • OhioVike
      I have to admit I never heard of it.  I will certainly give it a try.  I am surprised by the number of people that haven't done the cheeks before.  This will really get em.  Thanks.  
    • imhatz
      I heard back from Michael Schwanke a guide working out of Crane Lake that I have known for several years. I told him we are heading up on May 17th. He said it will be close real close. I depends on the night temps need to remain over freezing.....we will keep fingers crossed for a week or two and then decide what to do.
    • Wakemup
      This is great! I’ve never heard of this either Skunked, thanks for sharing- will give it a shot this summer!