ATV Title in Florida

[ljonesto]

Hi, I just purchased an ATV in Florida.  It has had several owners.  The VIN # is currently titled in Florida under original owner who passed away and I have no idea who he is.  Can I still title this ATV under my name?
2008 Kawasaki Bayou

[SMP63]

Welcome to the forum!! Thats a good question. I suggest going to the tax collector office & ask them. If it is be ready for some paperwork & a few hoops to jump through!!!!!! Gotta feeling it's gonna be a real PITA!!!!!   Good luck!

[AintSkeered]

No, you're SOL. Unless, of course, the executor of the deceased's estate can transfer title to you. Otherwise, anyone could use that same story to title a stolen vehicle.

[ljonesto]

Thanks guys.  I just talked to DMV and they said they can't skip ownership so I have to get title from deceased.  That ain't gonna happen.  So I'm wondering, is it really a big deal not to have titled?
I hate not having it but it is what it is. 

[AintSkeered]

You won't be able to legally operate it on State or Federal lands and if you're caught trespassing on private land, you'll have to hope it hasn't been reported stolen.

[SMP63]

Sounds to me like a stolen wheeler!!!!!

[ljonesto]

No not stolen but it was a steal.   I made offer thinking it was a 2004 but when I got it home I saw it was a 2008.   I was just up in Ocala Nat Forest and had no problems.   I wonder if Croom requires it to be titled for a pass?

[zephyr]

I believe that croom requires proof of ownership Your Bill of sale MIGHT work depending on who is working that day.

[AintSkeered]

You had no problems in ONF only because no ranger observed your vehicle having no sticker on it. http://www.floridaohv.org/ohv_locations.html

[ljonesto]

WOW, I can't believe the ugly tone that seems to be directed towards situation.   Dudes, i persued my number one buck list item, to own an ATV.  Unfortunately I didn't know about title.  I can't be the first one that has done this, nor the last. 

Thanks to those with helpful comments.

[AintSkeered]

No ugly tone intended, just provided you facts, backed by references. Blame the thieves for the titling laws and any angry tones! Unfortunately, you're not the first and won't be the last victim of thieves. Always insist upon transfer of a title for any vehicle or boat.

[patches206]

ONF has been checking for the Green State of Florida stickers, Croom is a hit or miss most of the time its not a problem if you have a bill or sale, UNLESS YOU RUN INTO THE CROOM NAZI.  Private riding areas like Dirty Foot and Moto Plex when its open,  you will have no problems.  If you are in a place where you do not belong you may have some contact with law enforcement and they will run the VIN.  Not for nothing I would find out if it were stolen to cover your ARZ.  Because if it was and your riding it and get stopped you may take the ride.  Sorry but hope this helps.   The thievery,  and greed of the state of Fl. to collect revenue brought on the title laws.

Oh welcome to the site.

[SMP63]

No not stolen but it was a steal.   I made offer thinking it was a 2004 but when I got it home I saw it was a 2008.   I was just up in Ocala Nat Forest and had no problems.   I wonder if Croom requires it to be titled for a pass?

I would have the vin#'s run to make sure its not at least!! It could save you a trip to jail!!!! Just seems funny that the second owner didn't get the title transfered!!! Something fishy about that!!!!!!!!

[ljonesto]

Ok ok ok, you are killing me with this stolen accusations.  My friends Grandfather died and then he, the grandson, took possession of the ATV.  He had no interest in it nor does he know how to start it.  I offered to buy and he agreed.  The title was lost or thrown away when his Grandfather's possession's were taken care of.  I would imagine it would be a lot of hoops for him to jump through to get a title in his name. 
I have the bill of sale and printed out the NICB Vin# check that shows it has not been reported stolen which I will keep on ATV.
 

[Anoriginal]

I think everyone here understands that you are not a thief and did not steal it. We're all just letting you know what the pitfalls can be.

Now I hate to bear more bad news but....

Since the bike belonged to your friend's grandfather and he's now dead, the bike now belongs to his grandfather's estate. The bike is an asset that must be declared in the estate process unless there are other extenuating circumstances (a will, no debt, etc...). Otherwise, it cannot be transferred to you or your friend. Moreover, in the event you try to get a title for the bike, you will have to get it signed over to you by the executor for the estate. As of right now, that bike probably (legally) still belongs to his grandfather's estate.

[ljonesto]

Thanks  .   I asked my friend to do his best to find the title, I guess thats all I can do now.

[AintSkeered]

You asked and we've provided the facts. Thieves prey on the unsuspecting. As they take your money, thieves(and the uninformed) tell you it's no big deal to be without title. They tell you they do it all the time, they ride the private mud pits, on their grandma's farm, yatta, yatta. But, they'll be nowhere to be found when you have issues or when you try to sell it/trade it on a newer/better one. At least, you're now wiser and won't be encouraging thieves by buying without a title. Hopefully, you won't ride with reckless associates who'll draw the attention of authorities and no one will steal your new ride!

[SMP63]

Just trying to help! Have your friend contact the executor of the estate & have him or her apply for duplicate tittle for the wheeler if they can't find it & go from there.
Agree with Anoriginal that the wheeler "Legally" belongs to the grandfathers estate.

[johndoe83]

I actually have experience with this exact question, I can help.

PM me for the info.

[RV Trax]

Florida is now requiring all ATV's sold in Florida to have a title, so if you ever plan to sell the ATV without a title, repercussions may be possible.

[Paul_S]

Florida is now requiring all ATV's sold in Florida to have a title, so if you ever plan to sell the ATV without a title, repercussions may be possible.

Florida does not require titles on pre 02 atv's

[RV Trax]

The 2011 Florida Statutes


Title XXIII
MOTOR VEHICLES
Chapter 317
OFF-HIGHWAY VEHICLE TITLING
View Entire Chapter
317.0006 Certificate of title required.—
(1) Any off-highway vehicle that is purchased by a resident of this state after the effective date of this act or that is owned by a resident and is operated on the public lands of this state must be titled pursuant to this chapter.
(2) A person may not sell, assign, or transfer an off-highway vehicle titled by the state without delivering to the purchaser or transferee a valid certificate of title with an assignment on it showing the transfer of title to the purchaser or transferee. A person may not purchase or otherwise acquire an off-highway vehicle required to be titled without obtaining a certificate of title for the vehicle in his or her name. The purchaser or transferee shall, within 30 days after a change in off-highway vehicle ownership, file an application for a title transfer with the county tax collector. An additional $10 fee shall be charged against a purchaser or transferee who files a title transfer application after the 30-day period. The county tax collector may retain $5 of the additional amount.
(3) A certificate of title is prima facie evidence of the ownership of the off-highway vehicle and is good for the life of the off-highway vehicle so long as the certificate is owned or held by the legal holder. If a titled off-highway vehicle is destroyed or abandoned, the owner, with the consent of any recorded lienholders, shall, within 30 days after the destruction or abandonment, surrender to the department all title documents for cancellation.
(4) The department shall provide labeled places on the title where the seller’s price shall be indicated when an off-highway vehicle is sold and where a selling dealer shall record his or her valid sales tax certificate of registration number.
(5)(a) There shall be a service charge of $4.25 for each application that is handled in connection with the issuance, duplication, or transfer of any certificate of title. There shall be a service charge of $1.25 for each application that is handled in connection with the recording or notation of a lien on an off-highway vehicle that is not in connection with the purchase of such vehicle.
(b) The service charges specified in paragraph (a) shall be collected by the department on any application handled directly from its office. Otherwise, these service charges shall be collected and retained by the tax collector who handles the application.
(c) In addition to the fees provided in paragraph (a), any tax collector may impose an additional service charge of not more than 50 cents on any transaction specified in paragraph (a) when such transaction occurs at any tax collector’s branch office.

[Paul_S]

You can sell a pre 02 atv without a title, although the new owner is required to get a title if they use it on public land.

[patches206]

You can sell a pre 02 atv without a title, although the new owner is required to get a title if they use it on public land.
[/quote

I think this is part true Paul.   If you owned the ATV prior to 2002 you have to go in and sign an affidavit stating you owned it prior to this year to get a title.  If you sell one without a title for a ATV 2002 or older you can not sign this wavier unless you want to perjure yourself stating you owned it prior to this date.  So the original owner, prior to 2002, would have to title it and then sell it and then the new owner would have to transfer ownership by retitling it. 

[Paul_S]

You can sell a pre 02 atv without a title, although the new owner is required to get a title if they use it on public land.
[/quote

I think this is part true Paul.   If you owned the ATV prior to 2002 you have to go in and sign an affidavit stating you owned it prior to this year to get a title.  If you sell one without a title for a ATV 2002 or older you can not sign this wavier unless you want to perjure yourself stating you owned it prior to this date.  So the original owner, prior to 2002, would have to title it and then sell it and then the new owner would have to transfer ownership by retitling it. 

Bass-turds love to get every penny off you lol.