Consumer Law, Warranties Trailer title

[Kidzkorner]

We boat a boat and a trailer from a private seller. Our bank wired the funds to his bank MidWest. After several phone calls and getting no where, we have still not received the title to the trailer. We can not move the boat as it is in storage on the trailer that cannot be registered with the dmv because we have not received the title. It has been over two months.

What are our rights? Should we file suit? And if so can request payment of the storage fees and possible the loan amounts on the boat and trailer as we haven't been able to use them.

We live in Arizona. This is so frustrating and of course not the boating season is over.

Please help.

Cheri

 

[army judge]

Did you verify that there was NO lien on the boat BEFORE you wired him FULL payment?

Have you done so after the payment was made?

I suggest you do so.

You may have PAID a party that OWNED NOTHING.

I suggest you also discuss ths with your bank.

They might have a suggestion or two.

More than likely, you'll need to sue someone to seek a remedy.

If the seller lives outside Arizona, a small claims suit might be impossible.

How much money did you give this deadbeat?

 

[Kidzkorner]

Our bank got the payoff amount and the money was wired. Arizona does not require titles for boats just the UCC which we got and have already registered the boat in Arizona. The problem is with the trailer for the boat. Arizona requires a title to register a trailer for tags. We are now on week number 12 and still have not received it. As I mentioned before we have made several calls and even a third party call between myself the people we bought it from and their bank. The bank just keeps telling us they are working in it and will call us back. That third party call was one week ago today and neither of us have heard back from anyone. I have spoke to my bank asking them to call and they were told because of privacy laws Midwest bank could not release any information to them.

I can't believe that it is legal for Midwest to hold the title for this long after fully payment has been received by them. Midwest was the only lien holder and according to their payoff amount given to our bank has been paid for in full.

Did you verify that there was NO lien on the boat BEFORE you wired him FULL payment?

Have you done so after the payment was made?

I suggest you do so.

You may have PAID a party that OWNED NOTHING.

I suggest you also discuss ths with your bank.

They might have a suggestion or two.

More than likely, you'll need to sue someone to seek a remedy.

If the seller lives outside Arizona, a small claims suit might be impossible.

How much money did you give this deadbeat?

 

[disagreeable]

Were both the boat and trailer encumbered by separate liens? They are 2 items, you indicated one loan.

 

[Kidzkorner]

It was one transaction. The boat and trailer were sold as a package deal so only one loan. We have tried once again to call the bank and once again we have gone no where.

 

[army judge]

I think your mistake was releasing the funds PRIOR to I tinting clear title information.

Your recourse is against the seller, but that isn't much consolation now.

Never release the funds until you have completed due diligence.

Reluctance can be your friend, haste is always your enemy.