[FL] Can you explain liens in the context of a trailer sale?
I placed terms and conditions on my transfer document and wanted to check if they are valid. This is regarding transferring a trailer.
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Sounds like the trailer might be considered personal property. Since lot management requires it to be in your name, that could help you maintain control until it’s paid off.
The lien you described sounds like a way to ensure payment (FLHSMV Lien Process). But if something happens to the seller and payments are supposed to go to their spouse, it’s best to make that clause very clear, along with what happens if payments stop.
Also, make sure the agreement outlines how and when the title will transfer once payment is complete. If you can be listed as an occupant in the meantime, that might offer protection too.
If you’re the buyer and want to protect yourself, adding clear terms and conditions is smart.
Make sure the agreement says the trailer won’t be fully transferred until all payments are made, and that you have a legal right to stay even if your uncle passes. Clarify what happens if payments stop or if there are disputes.
Since you’re working with family, it’s wise to ensure the agreement is clear, detailed, and leaves no room for confusion.
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I placed terms and conditions on my transfer document and wanted to check if they are valid. This is regarding transferring a trailer. Here are my terms and conditions:
- Lien to be placed on the trailer till paid off to allow the trailer to be placed in the buyer’s name.
- Seller to transfer the trailer once paid in full.
- If something were to happen to the seller, payments would continue to be paid to the spouse until paid in full.
- The buyer will send $350 via Zelle and will pay property management lot rent as required.
I understand you're looking to determine the validity of terms and conditions on your paperwork. Can you please specify what type of paperwork this is?
Transfer deed.
Have you consulted with a lawyer regarding the terms and conditions on your paperwork?
No.
Is there anything else the lawyer should know before I connect you?
It's a trailer in an RV lot paying lot rent. Don’t know the exact type of deed—don’t know what's best.
Hello! My name is TJ, and I’m an attorney. Thanks so much for the opportunity to assist you!
Thanks.
The terms you've outlined in the paperwork could potentially be valid, but it depends on the details and whether they comply with local laws regarding the sale of personal property, lien placement, and RV lot regulations.
Generally, placing a lien on property creates a legal claim that allows the seller to retain control until payment is complete. But it needs to be clearly written and legally sound.
Can you confirm if the trailer is considered personal property or real property in your jurisdiction? Also, are you concerned about the buyer transferring the trailer to their name without full payment?
The trailer gets a registration like a car does. I really don’t know what it’s considered in Florida.
I am the buyer doing this to present to my uncle, the seller, to protect myself in case something happens to him. I don’t want his spouse or kids to be able to kick me out or take it.
The lot management won’t do a lot of rentals unless the trailer is registered in my name. But they said I can be listed as an occupant. I made the option for both so he can decide. He is my uncle and helping me out, but I want to cover myself if something happens down the road.
Sounds like the trailer might be considered personal property. Since lot management requires it to be in your name, that could help you maintain control until it’s paid off.
The lien you described sounds like a way to ensure payment (FLHSMV Lien Process). But if something happens to the seller and payments are supposed to go to their spouse, it’s best to make that clause very clear, along with what happens if payments stop.
Also, make sure the agreement outlines how and when the title will transfer once payment is complete. If you can be listed as an occupant in the meantime, that might offer protection too.
If you’re the buyer and want to protect yourself, adding clear terms and conditions is smart.
Make sure the agreement says the trailer won’t be fully transferred until all payments are made, and that you have a legal right to stay even if your uncle passes. Clarify what happens if payments stop or if there are disputes.
Since you’re working with family, it’s wise to ensure the agreement is clear, detailed, and leaves no room for confusion.
Okay, thank you, so the extra terms and conditions seem okay, just need a little more fine-tuning to make it clearer. Thank you.
You’re very welcome! I’m happy I could help!
