Sounds a bit odd to me. Is he right?
The Bill of Sale form actually states that "Registered Owners who are
mortgagees (which, incidentally, I am not) MUST inform the Registry of any
change of address" making the broker's proposal look very strange.
David
> On the Bill of Sale for my boat, my broker who has sold it for me is
> asking me to use as my address the address I moved from over five years
> ago, because that is the address that was on the Bill of Sale when I
> originally bought the boat.
>
> Sounds a bit odd to me. Is he right?
I'd say almost certainly not - how could it possibly be "right" to be giving
false information? The question is whose interest it's in to do so - he may
be doing you a favour by avoiding some piffling regulation that nobody
cares about, or he may be pulling a fast one on you somehow, or anywhere in
between. If it were me I'd definitely be wanting a complete explanation of
why I should do this before going anywhere.
> The Bill of Sale form actually states that "Registered Owners who are
> mortgagees (which, incidentally, I am not) MUST inform the Registry of any
> change of address" making the broker's proposal look very strange.
Why does it make it look strange? Since you're not a mortgagee the paragraph
doesn't apply to you.
Pete
> David wrote:
>
>> On the Bill of Sale for my boat, my broker who has sold it for me is
>> asking me to use as my address the address I moved from over five years
>> ago, because that is the address that was on the Bill of Sale when I
>> originally bought the boat.
>>
>> Sounds a bit odd to me. Is he right?
>
> I'd say almost certainly not - how could it possibly be "right" to be
> giving false information? The question is whose interest it's in to do so
> - he may be doing you a favour by avoiding some piffling regulation that
> nobody cares about, or he may be pulling a fast one on you somehow, or
> anywhere in between. If it were me I'd definitely be wanting a complete
> explanation of why I should do this before going anywhere.
Agreed. But if anything he'd be pulling a fast one on the buyer.
If it is the case that the seller forgot to notify registry of his
change of address (which I think is nothing really to worry about
-- the only consequence being that if the 5-year registration runs out
and if they have the wrong address for the owner, then the registration
renewal reminder can get lost and result in the registration expiring,
and it's more difficult (and more costly) to reinstate an expired
entry than just to renew an existing one -- it happened to me), then
perhaps the simplest thing to do would be to put his current address
on the form, followed by the word "formerly" and his old address.
By the way, it's customary to use standard Bill of Sale forms even
for boats which are not actually registered. For owners of such
boats there is no registry to inform of a change of address, so it
seems a bit silly to try to make the addresses the same. After all,
on average people achange address, what, every 7 years, and if they
change boats over similar timescales, it must be very common indeed
for consecutive bills of sale to fail to show the same address for
an owner when selling as when buying.
>> The Bill of Sale form actually states that "Registered Owners who are
>> mortgagees (which, incidentally, I am not) MUST inform the Registry of
>> any change of address" making the broker's proposal look very strange.
>
> Why does it make it look strange? Since you're not a mortgagee the
> paragraph doesn't apply to you.
I think they mean mortgagors, not mortgagees (someone should tell MCA
what the difference is). But yes, if it he isn't a mortgagor, it
won't apply to him, so if he forgot to inform, he won't have contravened
that particular "MUST".
If you *are* a mortgagor, the trouble with not telling registry when you
move is that it could be tantamount to trying to run off with the boat
before it's been paid for. Unlike with house mortgages, where you can't
sell the house without the mortgagee's consent and you can't run off with
it because literally moving house is not practical, with a boat you could
in theory sell it pretending it wasn't registered, and if you've also
moved house you might not be traceable and could thereby have cheated
your marine mortgage lender.
> On the Bill of Sale for my boat, my broker who has sold it for me is
> asking me to use as my address the address I moved from over five years
> ago, because that is the address that was on the Bill of Sale when I
> originally bought the boat.
>
> Sounds a bit odd to me. Is he right?
Sounds to me like he does not want the buyer to be able
to contact you. I smell shenannigins.
--
My real address is crn (at) netunix (dot) com
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deleted. Send only plain text.
Inform the Registrar of Ships that you have moved, dating the letter a
few days before the Bill of Sale. Keep a copy of the letter. Put
your current address on the BOS. You're just a bit late in letting
them know, as you were supposed to inform them of the change of
address within 7 days of it happening.
If you follow your bokers suggestion and someone (whether buyer or
buyers mortgage lender) tries to check that you are the registered
owner by getting a transcript of the Registry - assuming the boat is
Part I registered, it will throw up the old address. They may then
check the electoral roll and find that you don't live there, and then
THEY would be suspicious that you don't own the boat. A mortgage
lender would probably refuse to issue funds in this situation, and
your sale might be stalled.
The Registry can sometimes be pedantic about details on Bills of Sale,
hence your brokers suggestion. Nothing suspicious about it - just
trying to avoid potential problems with the Registry. For reasoins
above though, better do as I suggest in the first paragraph.
John Wilson
jwilsonNO*SP...@yachtsnet.co.uk
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boats and genuinely useful marine links.
If the puchaser of your boat requires finance in the form of a marine
mortgage, the mortgagor or mortgage broker may require to run a check on you
to find out if the boat is "free from all encumberances". I would guess the
broker acting for you has suggested you use your old address to break this
chain of communication and relieve you of the nuisance value of such an
enquiry.
Dennis.
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