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I bought a boat in NY (I am from CT)and paid the owner cash…

Customer Question
I bought a boat...

I bought a boat in NY (I am from CT)and paid the owner cash for it. He then signed a NY clear title over to me. Then a week later after talking with the marine owner where the boat is keep. We set up a day for me to come get the boat out for his marina. The owner of the marina called me the day before I was going down to pick up the boat. He stated that the seller of the boat still owes him money for work done on the boat and slip fee's. He then stated he will not let me take the boat until the bills are paid. what is my legal rights?

Lawyer's Assistant: What state is this in? And how old is the boat?

The state is New York...boat is 1996

Lawyer's Assistant: Has anything been filed or reported?

No this just happened yesterday.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just the purschase price was $10,000

Submitted: 8 months ago.Category: Consumer Protection Law
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Answered in 46 minutes by:
11/16/2017
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 8 months ago
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 125,823
Experience: Attorney experienced in commercial litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the seller did not inform you about this lien from the marina and now the marina will not release the boat to you, then your recourse is you have to first make a demand on the seller to pay the bill or inform them that you will sue for breach of the implied warranty of merchantability and implied warranty of good faith as he failed to disclose the mechanic's lien that was due the marina. As a purchaser in good faith without any recording of this lien by the marina, the lien is void to you in NY and that means you can sue to recover the boat from the marina and the lien would not be valid if he did not record it.

However, this means that if the seller will not make good on the lien, you will have to get a local attorney to sue not only the marina owner for release of the boat, since they did not record a lien, but also against the seller for costs you incurred in having to pursue action to recover the boat based on their failure to disclose the lien. So you have legal action you can bring, but first try to convince the seller to just pay the marina (or refund your money and cancel the sale) and be done with it before they incur legal fees and have to pay your fees too for suing to recover the boat.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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