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Weird boat ownership scenario.

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Created by Sectorsteve > 9 months ago, 12 Oct 2015
Sectorsteve
QLD, 2195 posts
12 Oct 2015 5:28AM
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Bit of a long story this one.
Ive been in negotiations with a friend of a friend who has this top hat for sale, but he never advertised it, instead He was always going to sell her to me once my bluebird sold which she did and we sailed her up to the pittwater last weekend. My moorings free and ready for the new boat to go on there, but theres a catch - a big one and its making it impossible for the owner to sell the boat, even though he wants to.
Basically the rightful top hat owner (ill call him John) Bought the boat in Brisbane about 3 years ago. He sailed her down and never put the ownership in his name. He did a bit of a yard period in Woy Woy, then sailed her down to Syd harbour.
He went to Rushcutters bay sailing club where he met people and talked of his adventures on his new tophat and expressed his need to get a mooring or somewhere to put the boat. A rather wealthy person (we'll call them the Rothschilds) piped up and said he had a mooring in Rose Bay, but in order for him to be on this mooring, John would need to put the boat in the Rothschilds name as the mooring is RMS and in the Rothschilds name. The Rothschilds wrote a letter stating that John owned the boat and the rothschilds signed the letter. The boat has never been in Johns name, being transferred from the owner in brisbane to the Rothschilds in Sydney for the sake of John having a mooring in Rose bay and not having to wait. John was based in the east so it suit him - even though the Rothschilds have been charging him 1500 per year- $1000 more than the actual cost of the mooring. They also insisted that he paid cash for this and the only real trail of this partnership is text messages regarding Johns payment for the mooring.
So 2 months ago John contacted the Rothschilds saying he needed to sell the boat and for them to send him the ownership papers signed so he could transfer the boat to me after i paid for it. He's only really spoken to them 1 time in 2 months and in this time they've registered the boat as the rego had lapsed and they did the antifouling. The antifouling and rego was something i was aware of and part of the deal i had with John as i was going to do it myself. THe Rothschilds don't have a key for the boat, so they must have had to tow the boat somewhere to do this. Its weird they just went and did this - especially after being asked to send the papers.
I have had a key for the boat for a few months and have put all my boat stuff from the Bluebird on the top hat prior to my knowledge of any possible hassle with this sale.
The Rothschilds are refusing to answer any of Johns calls, or respond to any messages and have not sent papers. It appears to me that they are attempting to acquire the vessel for free. They would also not want to lose their mooring as there is a long wait list for Rose Bay.
Now maritime have said they'll assist with a stat declaration and get he ownership signed over to me providing that John produces a HIN code which he'd have to get done and the letter from the Rothschilds. Problem is, Johns a bit bloody hopeless and can't find the letter. I wanna get back to sailing and am motivated to sort this and Johns very upset. Very gullible, naive and trusting. Personally i wouldn't have gone into this deal at all for a mooring.
Any ideas people? Apart from the letter, John has text messages and the old owners name, and proof that he deposited a large sum of money into the previous owners account, but he doesn't really have a lot to show the boat is really his. Legally ATM its not!

slammin
QLD, 998 posts
12 Oct 2015 6:05AM
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If the Rothschild's are so rich why would they bother?

Is your mate legit?

You do have a paper trail but they do as well. He transferred ownership to them. He got to use the boat and they maintained it.

From what I read you haven't outplayed (edit:outlaid, goofy spell check) anything have you?

So I'd get your possessions off quick smart b4 they become collateral to your mates mess.

Sectorsteve
QLD, 2195 posts
12 Oct 2015 6:13AM
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yeah well thats the thing, why would they? but why would they charge 1500 for a 500 a year mooring?
John is legit. he's had the boat for years. They never maintained the boat until recently after John asked for the papers.
What do you mean by outplayed?
Everything mentioned above is all true to my knowledge. John is a pain in the arse as he doesn't answer his phone and is making the whole thing difficult by his lack of communication.
Ive just told him if this isn't sorted this week, I'm looking for something else…i just really love that boat though….Hes a cabinet maker and made her really nice inside….

Ramona
NSW, 7757 posts
12 Oct 2015 7:50AM
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Select to expand quote
slammin said..
If the Rothschild's are so rich why would they bother?

Is your mate legit?

You do have a paper trail but they do as well. He transferred ownership to them. He got to use the boat and they maintained it.

From what I read you haven't outplayed anything have you?

So I'd get your possessions off quick smart b4 they become collateral to your mates mess.


This is why they are rich!

BlueMoon
866 posts
12 Oct 2015 5:39AM
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So you have the RMS on side?

The RMS will relieve the Rothschilds of the mooring licence quick smart, if they play silly buggers.
Seems the Rothchilds have a lot more to lose....mooring in Rose Bay and possible criminal charges for theft, tax evasion, not welcome at Rushcutters sailing club etc. It is in the best interests of the rothchilds to be obliging & obtain another mooring minder.
Proving this is the tricky part, but if you have something (text messages), you just need a good RMS person to help John to get the ball rolling.

Sectorsteve
QLD, 2195 posts
12 Oct 2015 7:52AM
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Yes the rms is onside and they know me at rozelle through multiple dealings. The fact john lost the letter is a worry but ive just got him to bluff the rothschilds by saying that he actually has the letter and that rms will change over. I think with hin code and proof of purchase we'd be right. The rothchilds can get stuffed if they think we're gonna pay them for the antifouling if we have to go the stat dec route. They also wont give join or even show him receipts for this work. Yes they can lose alot.

slammin
QLD, 998 posts
12 Oct 2015 8:31AM
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Outlaid.... Spell check. Sorry.

Re, that's why they are rich, yeah but we're talking loose change VS their rep at the CYCA...

BTW they should be pretty easy to find, small place CYCA.

Sectorsteve
QLD, 2195 posts
12 Oct 2015 10:03AM
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No i havent outlayed anything but i sped up the sale of my bluebird to free up the mooring.I didn't really want to sell the bluebird and was gonna keep the 2 until she was sold. Now im gutted i sold her as the deals likely not going through due to being involved and trusting a moron. We had an accord and now theres just nothing available so ill probably lose my mooring and worst of all i cant go sailing. I was out every other day.

jbshack
WA, 6913 posts
12 Oct 2015 8:25AM
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Im not sure what he needs to provide to transfer from your description. Did you say he just needs to provide a hin code number and he can transfer with a Stat dec?

The boat should already have a win plate attached so if thats the case get him to transfer the boat into his name and he needs to use the stat dec to complete the transfer as he doesn't have the previous owners signature. If the boat is older and has been registered for some years then maybe it will first need to have a hin number fitted and if thats the case he can do that himself with a hin provider and just provide a Stat deck as to his ownership also for that, then transfer and then eventually transfer to yourself. Get him to transfer to himself first and then to you.

Registration of a boat in your name does not dictate ownership. Ownership is a legal issue so just because its registered in his mates name doesn't mean his mate has ownership, just that he is the registered user.

Hopefully that makes sense. Im actually a HIN provider all be it in WA but the system is the same i believe. Hope that helps.

Sectorsteve
QLD, 2195 posts
12 Oct 2015 10:33AM
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Bloody great stuff mate. Thanks alot...!!!
Ive finally got their details and have just left them a message

basically i went and saw maritime and told them this whole situation and also told them that john has a letter signed by the mooring leasees that John owns the vessel.
They said that, although they dont like to do it, if john and i went together to maritime, the same guy would deal with us and using a stat dec form, hin cert, he would change the ownership of the vessel - (Maritime said) to me. i think id prefer it to go in johns name first also. However john cant find the letter. Hes moved around so much and cant find it! so another thing...after another...

HG02
VIC, 5814 posts
12 Oct 2015 12:36PM
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Can john get a stat deck from the guy he bought the boar off originally in qld
Then ring the police as tell them its stolen

Sectorsteve
QLD, 2195 posts
12 Oct 2015 11:50AM
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Just had a good chat with a boat code agent. We just need stat dec.for the code then take the to maritime

Yara
NSW, 1322 posts
12 Oct 2015 4:24PM
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There is a Mk2 Top Hat for sale on the TopHat web site for $3k. Maybe the " Rothschilds" are looking for a mooring minder and they can buy that one.
BTW $1500/year to lease a mooring is cheap for that part of the Harbour.

Sectorsteve
QLD, 2195 posts
12 Oct 2015 3:54PM
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Maritime charge 500 for the mooring. Theyre subleasing it.for 1500

twodogs1969
NSW, 1000 posts
12 Oct 2015 7:24PM
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Sectorsteve said...
Maritime charge 500 for the mooring. Theyre subleasing it.for 1500

$500 to rms but i think you'll find it is more than that as Rose Bay is a premium area
What about the cost of servicing?
Your mate John has had a pretty deal he would probably still be on a waiting list for a spot. If he didn't try to pull a swifty he wouldn't be in this situation.

jbshack
WA, 6913 posts
12 Oct 2015 4:44PM
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Select to expand quote
HG02 said..
Can john get a stat deck from the guy he bought the boar off originally in qld
Then ring the police as tell them its stolen



The stat decs when it comes to licensing needs to be in the persons name looking for the transfer. So IE it becomes a legal document if the event the transfer is ever challenged in court by any parties. So getting a stat dec in anyone else's name doesn't help anyway.

Steve im glad your getting it sorted. Its not that hard, but sounds rather daunting when people start mentioning stat decs and trying to explain it. TBH its not the easiest mouthful to get out at the best of times, and i've been involved in them since 2000 when they first became law..

HG02
VIC, 5814 posts
12 Oct 2015 8:20PM
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Select to expand quote
jbshack said..

HG02 said..
Can john get a stat deck from the guy he bought the boar off originally in qld
Then ring the police as tell them its stolen




The stat decs when it comes to licensing needs to be in the persons name looking for the transfer. So IE it becomes a legal document if the event the transfer is ever challenged in court by any parties. So getting a stat dec in anyone else's name doesn't help anyway.

Steve im glad your getting it sorted. Its not that hard, but sounds rather daunting when people start mentioning stat decs and trying to explain it. TBH its not the easiest mouthful to get out at the best of times, and i've been involved in them since 2000 when they first became law..


a written receipt from the person he purchased the boat from in Queensland I meant

jbshack
WA, 6913 posts
12 Oct 2015 8:06PM
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Select to expand quote
HG02 said..


jbshack said..



HG02 said..
Can john get a stat deck from the guy he bought the boar off originally in qld
Then ring the police as tell them its stolen






The stat decs when it comes to licensing needs to be in the persons name looking for the transfer. So IE it becomes a legal document if the event the transfer is ever challenged in court by any parties. So getting a stat dec in anyone else's name doesn't help anyway.

Steve im glad your getting it sorted. Its not that hard, but sounds rather daunting when people start mentioning stat decs and trying to explain it. TBH its not the easiest mouthful to get out at the best of times, and i've been involved in them since 2000 when they first became law..




a written receipt from the person he purchased the boat from in Queensland I meant



Oh ok, In WA a receipt like that can't be used as proof of ownership. Only a invoice on a Dealers letter head or statutory declaration will suffice as a legal document .

HG02
VIC, 5814 posts
13 Oct 2015 3:07AM
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Years ago I did a favor for a mate that had 13 kids
I bought a damaged Toyota Torago van and repaired it was bought from a Victoria salvage firm by me.
While stripping it down for repair I found several unused syringes hidden though out the van and also a nasty club .
So I ask my next door neighbor(policeman) to do a stolen car check for me as he was in the force just to make sure.
He did that and nothing showed up.
I finished the Torago and gave it to my old mate, that family loved it. A couple of months later the police showed up at my mates place telling him the car was stolen from a hire car company in NSW.
What had happen up in NSW was a person had hired the Torago and never returned it to the hire company. They could not report it stolen till they found the hirer.
When it got registered in Victoria
A few months went past and the hire company found out where the car was at my mates address
The hire company got some body to steel the Tarago from my mates place well that not all corect
The Torago got stolen from my mates home in Victoria .
Mate reported it to Vic police and it showed up a block from where the hire company was located in NSW so my mate lost the car lucky I had a bought it from a salvage dealer which had VACC insurance which we claimed and received money for the value of the repaired Torago.
Hire company kept the Torago but that's when we laughed as the hire company could not register it in NSW nor sell it as it was reported by my mate as stolen in Victoria.
The hire company sent my mate a letter asking to tell VIc Police the Torago was not stolen but because they pinched the car off my mate he said stuff them so the hire company would still have that car for ever not being able to sell it nor register it in NSW or any where As my X wife said Chit happens


Sectorsteve
QLD, 2195 posts
13 Oct 2015 7:02AM
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Thanks a lot JB. Spoke with a boat code agent yesterday in detail. He explained a lot and knew a lot like you do. made me feel a lot better. So we are going to get the boat put in johns name finally - thats the goal. then he can sell it to me and give me a receipt. Does that sound right?
Maritime said that using johns letter from the mooring/rothschilds and the HIn code , they'll do the stat dec to get the papers. We're not going to have the letter from the rothschilds. just johns stat dec and the him code/validation. Im hoping that will be enough to get the papers. Sounds to me if the Rothschilds challenge this in court (why would they) , John would be the person they would be challenging - not me, right?? He is the one making the stat dec, right?

McNaughtical
NSW, 908 posts
13 Oct 2015 10:07AM
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What a headache!! I don't envy you that one.

Bruski068
VIC, 457 posts
13 Oct 2015 11:37AM
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I'd have written to the hire company and asked them how much they were prepared to pay for me to speak to vic police for them, after all you really should have gotten something out of your time and effort. lol

Sectorsteve
QLD, 2195 posts
13 Oct 2015 10:54AM
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hire company??? youve lost me. theres no hire company in this story.

Sectorsteve
QLD, 2195 posts
13 Oct 2015 11:00AM
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Yara said..
There is a Mk2 Top Hat for sale on the TopHat web site for $3k. Maybe the " Rothschilds" are looking for a mooring minder and they can buy that one.
BTW $1500/year to lease a mooring is cheap for that part of the Harbour.


yeah but youre not supposed to be subleasing a RMS mooring. I dont think its much different to renting a houso house and subleasing it on for triple the price to make a profit. Its also morally ****. People like this taking up moorings and capitalising is not only illegal, its just not cool IMO. Theres oodles of mooring spots you can get in the harbour within a few months anyway. Rose bays crap. Someone loaded up all the dinghies in a balmain rental truck about 2 months ago. Stole the lot! Also the council keep ticketing people, removing dingies, random ones get nicked and zero parking. place is rubbish. Gimmie my woodford bay mooring anyday

Toph
WA, 1890 posts
13 Oct 2015 9:13AM
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Sectorsteve said..
hire company??? youve lost me. theres no hire company in this story.


I think he was referring to Hg's post there Sector Steve...

Looks like you are finally making some headway.

Sectorsteve
QLD, 2195 posts
13 Oct 2015 11:46AM
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Select to expand quote
Toph said..

Sectorsteve said..
hire company??? youve lost me. theres no hire company in this story.



I think he was referring to Hg's post there Sector Steve...

Looks like you are finally making some headway.


ahhh yes, i just read that post after. Yes Toph, from friday i should be in the tophat club. we're doing it all then.

Ambler
TAS, 123 posts
13 Oct 2015 2:43PM
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Hi Sectorsteve,
I hope it all works out and you get the Tophat. That was my first yacht, it was a mark 1 baker built and very sound.
my current and last boat is also a Baker built, 37 Cape Barren Goose.

For anyone's future reference and perhaps the right way of going about an ownership title is as follows.
My boat was in the RPAYC marina and the owner wasn't a member but there was a stat dec aboard saying 1/64 of the shared ownership was by a club member which gave the boat marina rights, it went on to say that it represented the value of the oil in the engine. So once the transfer of funds and an oil change by me, the boat was mine.
regards Wayne

Sectorsteve
QLD, 2195 posts
13 Oct 2015 4:43PM
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thanks ambler. yeah its a sound boat actually. over rigged and beautiful Chris is a cabinet maker and made it nice inside. This is why I'm itching to get her. theres no other boat around as good for me. she's a mark 1 baker built boat too. dry as anything inside.

Sectorsteve
QLD, 2195 posts
13 Oct 2015 7:05PM
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Select to expand quote
twodogs1969 said..

Sectorsteve said...
Maritime charge 500 for the mooring. Theyre subleasing it.for 1500


$500 to rms but i think you'll find it is more than that as Rose Bay is a premium area
What about the cost of servicing?
Your mate John has had a pretty deal he would probably still be on a waiting list for a spot. If he didn't try to pull a swifty he wouldn't be in this situation.

How was john pulling a swifty? you mean by renting a mooring off someone in rose bay?
servicing is about 200 tops.
i waited 3 months for a mooring in the harbour, not rose bay, but i wouldnt wann abe in rose bay. horrible place for a mooring i think.

twodogs1969
NSW, 1000 posts
14 Oct 2015 3:19AM
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Select to expand quote
Sectorsteve said...
twodogs1969 said..

Sectorsteve said...
Maritime charge 500 for the mooring. Theyre subleasing it.for 1500


$500 to rms but i think you'll find it is more than that as Rose Bay is a premium area
What about the cost of servicing?
Your mate John has had a pretty deal he would probably still be on a waiting list for a spot. If he didn't try to pull a swifty he wouldn't be in this situation.

How was john pulling a swifty? you mean by renting a mooring off someone in rose bay?
servicing is about 200 tops.
i waited 3 months for a mooring in the harbour, not rose bay, but i wouldnt wann abe in rose bay. horrible place for a mooring i think.




He chose not to go on a waiting list and to bypass it his actions are no more pure then what you are saying the Rothschild are for renting the morning out to be able to keep the mooring in tose bay. He was part of a scam personally i think go for it and have no problem with them coming to an agreement about the mooring my point was John was part of it went in to it knowing it was a bit dodgy now you are complaining that the Rothschild have charged an extra $1000 a year whoch is reasonable.
As for you wanting a mooring in rose or you opinion of rose bay is irrelevant to my statement when I purchased my boat from the harbour i couldn't wait to get it out if it. Overpriced overcrowded and ripped off are my thoughts of Sydney harbour .
Off this is anyone else getting some weird popups from this site? I'm only getting it here every time I click on something.

Yara
NSW, 1322 posts
14 Oct 2015 9:20AM
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BTW, Commercial operations pay some tiny sum, like a lot less than ordinary mortals, and lease out those same moorings for much more than $1500 per year. Now there is a rip-off. There was a request for submissions on moorings in NSW last year by the State Gov. Anybody heard a response?



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"Weird boat ownership scenario." started by Sectorsteve