An Important Lesson, Almost Learned The Hard Way

[KRH1326]

Three years ago, I gave away my boat to some clamdiggers, one county away, because I needed to make room for my current boat.
I was given my current boat, so I thought it would be a nice gesture to give my old boat away, running 115 Merc and all. Kinda' pay it forward, kharma ju-ju stuff.

Last Sunday, after a wicked little storm rolled across the island, two TOB Bay Constables showed up at my house, a county away, and informed me that my boat was upside down, sinking and leaking fuel into Bayville Creek.

I had to do a double take, no it isn't, it is right there next to my barn, just where I put it, the prior week end, when I pulled it off the mooring.

That was when they informed me that it was a 21' , not my 24' flybridge, and that I am the current registrant. Also, it would be on me to pay for the salvage and removal as well as anything DEC related, if they couldn't track down anyone else following an investigation.

Last night, completely by accident, my wife found some papers that had been misplaced. Among them was a NYS/DMV form DTF-802, which is the form that we and THEY filled out and signed (with names and addresses) that was supposed to go with the registration to prove that the boat was a gift, and no money was exchanged. How or why it did not go to the new owner, I have no idea.

I have just now returned from the Nassau Bay Constables, having hand delivered it, and getting off the hook.

1) At least here in NY, unlike a car/truck/mtrclc etc, a boat is always the property and responsibility of the last registrant.

2) According to the Harbor Master, you should heavily document a boat sale/gift as this is a very common occurrance. They said that our situation is such a common thing. Should do two Statements of Transactions, and keep one. They even went as far as to say that one shouldn't let a new owner take physical possession of the boat, until they register it.

I can't believe how narrowly we dodged that bullet.

If by another freak of coincidence, the person (name with-held) who has caused this to happen to us is reading this, after I gave you the boat for free, even trailored it for you, you used it in my name for 3 years, then abandoned it, knowing it would come back to me....

To quote the Simpson's Nelson Munce, " Haw, Haw !" - Is that the Constables pulling up in your driveway?

 

[paultjohnson]

Re: An Important Lesson, Almost Learned The Hard Way

It tightens my jaw when I read stories like that.. It puts some truth too the old saying..... Nice guys finish last. I learned that same lesson from my parents selling a car . A year after the sale they got a bill for replacing sombodys landscaping, a fence, towing and storage. Somebody crashed it and walked away, Was still registered to dad. He got out of it but cost him some missed work, alot of hassle and alot of hoops to jump thru.

 

[Summer Fun]

Re: An Important Lesson, Almost Learned The Hard Way

I sold a boat and the guy ran it under my name for 2 yrs.

Now I scrape off the registration sticker on anything I sell.

 

[DECK SWABBER 58]

Re: An Important Lesson, Almost Learned The Hard Way

It tightens my jaw when I read stories like that.. It puts some truth too the old saying..... Nice guys finish last.

Or.... No good deed goes unpunished.

 

[ezmobee]

Re: An Important Lesson, Almost Learned The Hard Way

Now I scrape off the registration sticker on anything I sell.

In addition to the OP's warning, that's excellent simple advice right there^^^

 

[tx1961whaler]

Re: An Important Lesson, Almost Learned The Hard Way

I don't give away or sell any vehicle (or boat) without a trip down to the registration office to transfer the registration before handing the keys over.

 

[roscoe]

Re: An Important Lesson, Almost Learned The Hard Way

The same holds true for most any personal property in Wisconsin.
You are the last owner of record, you are the person responsible if someone does damage, gets hurt, hurts someone else, or gets parking tickets. This would include vehicles, boats, guns, fish hooks, you name it.

Always make 2 copies of the bill of sale.
Include the buyers name address and phone number.
And if you can, jot down their vehicle license number or any other identifying material. If you sell it through ebay or craigslist, keep their user name or email address as well.

You can add this all to the bottom of the bill of sale after they leave.