Community Forums

afmedic · 04-06-2018, 04:51 AM

We are South Dakota residents currently snowbirding in FL. We are hoping to sell our motorhome to a private party. The motorhome is registered and titled in South Dakota, but the lien holder is a Texas bank. The private party (buyer) is in Washington and the motorhome is in Florida. - Is the Bill of Sale, transfer of funds, release of lien and Seller's Permit considered legally sufficient for transferring possession of the motorhome to the buyer? The title transfer would follow in a few days (similar to how it is done if the purchase were made through a dealer).

In other words, would the Seller retain any liability/responsibility until the title transfer is completed? - Although the sale is being conducted in Florida and the vehicle will be registered and titled in Washington, is Florida DMV involved at all? The South Dakota "Seller's Permit" acts as temporary registration and license to operate regardless of location.

palehorse89 · 04-06-2018, 05:48 AM

Watching......

bldrbob · 04-06-2018, 09:14 AM

I think the buyer would get a temporary florida registration to get it to washington.We bought thru a dealer but the rv was from maryland and we were from new hampshire so we got a fl temp and drove home to register.

Mr_D · 04-06-2018, 09:24 AM

Contact the WA DMV to get the title transfer questions answered. I know the new owner won't get a license till the use tax (sales tax of about 10%) is paid. They may not accept the bill of sale price either as they use a valuation service.
Have lived in WA for 71 yrs now but that might change this year!

Dutch Star Don · 04-06-2018, 11:44 AM

Wow....that sure sounds convoluted on it's face, but the reality is that your selling a SD licensed trailer to a WA state resident. The bank being in Texas really has nothing to do with it.

Many who do this type of transaction pay an escrow service to protect everyone. They give the escrow company their money, the escrow pays off the bank and guarantees that the title goes to the new owner. The new owner will then have to worry about what taxes are charged when they bring the coach into Washington and license it. This is the only way I would do a long distance sale as a buyer that has a lien.

**CountryFit** · 04-07-2018, 02:24 PM

agree with don.
there is no difference between this and an out of state purchasing a car from a private party. your bill of sale is to protect you from liability after they signed the papers and you handed over the keys. basically your job is done, except your willingness to help the buyer complete the lien release and go through his/her registration process.
sounded like complex but actually fairly simple.

hoosierrun · 04-07-2018, 02:43 PM

Quote:

Originally Posted by afmedic

We are South Dakota residents currently snowbirding in FL. We are hoping to sell our motorhome to a private party. The motorhome is registered and titled in South Dakota, but the lien holder is a Texas bank. The private party (buyer) is in Washington and the motorhome is in Florida. - Is the Bill of Sale, transfer of funds, release of lien and Seller's Permit considered legally sufficient for transferring possession of the motorhome to the buyer? The title transfer would follow in a few days (similar to how it is done if the purchase were made through a dealer).

In other words, would the Seller retain any liability/responsibility until the title transfer is completed? - Although the sale is being conducted in Florida and the vehicle will be registered and titled in Washington, is Florida DMV involved at all? The South Dakota "Seller's Permit" acts as temporary registration and license to operate regardless of location.

I would say, see if the transaction can be made without involving the DMV. They likely won't issue a temporary tag or registration anyhow because a licensed dealer is not involved (if I read correctly). Transactions between individuals can never be issued temporary tags, even to move a purchased vehicle from one part of the State to another. As a resident, I have had to do this illegally more than once. Any dealings involving the DMV may require substantial fees such as collection of sales tax and vehicle impact fees, even though the buyer is not a resident.

The problem for the buyer is having or obtaining a legal tag to drive the vehicle. This will probably need to be obtained from the purchasers home State or State of Domicile.... and I suspect it has to be done after all sale documents have been signed. Although a notary witness signature is not required to buy/sell a vehicle in Florida, I would attempt to get such a signature anyhow. It helps prove that the documents were not forged and this may be required by the purchasers home DMV.

I can see some complexity here. Keep us posted as to how it works out.

FatChance · 04-07-2018, 05:35 PM

We bought our coach from a private party in Louisiana with a lien on the South Dakota title from a bank in Louisiana while we were living in Colorado. With a notorized bill of sale from the cash sale (with the full payment made to the Louisiana bank) I was able to get a 30 day temporary tag from Colorado to drive the coach back to Colorado. When I got the cleared title from the Louisiana bank (with proceeds then going to the seller) I was able to get Colorado plates. There were moments of trepidation, no doubt, but it worked out fine.

Eastham · 04-07-2018, 05:54 PM

I don't think I would buy any vechile without seeing the title and knowing that it is not s salvage title.or if there are other people names on it that have a lien on it and you can't register it .It's to late after you shell out your money and the other party is out of state and gone. I am probably crazy but that's how I think.

afmedic · 04-09-2018, 02:48 PM

CUSTOMER SERVICE RESPONSE: Thank you for your inquiry. If the vehicle is not titled and registered in Florida, our DMV is not involved. You will need to contact the state where the purchaser is planning to title the motor home. Typically, you need to provide a signed title to transfer ownership. Have a nice day.

My thoughts on Florida DMV response: The motorhome is registered and titled in South Dakota which issues a "Seller's Permit" for me to sign over to the purchaser as a 45-day temporary tag. Seems it would be the purchaser's responsibility to contact the state where he/she intends to title the motorhome.

Eastham · 04-10-2018, 01:35 AM

If you are selling it in Fla and there is no Lien on it wouldn't you have the title to hand the purchaser..? If there is a lien on it the bank not the DMV. Would have the title.And they would want their money befor you can do anything with it.The registry in ma .won't issue you a temporary plate with no title.unless it is from a state that dosent have titles then you can register IT with a bill of sale after paying the sales tax and $75.00 to apply for a new title .you also have to show proff of insurance.