Commission & Business · 6 min read · 2026-10-17
Your Boat Was Sold Without Your Signature. How Florida Replevin Can Get It Back.
Published · Last updated
When someone else has your property and will not give it back, a lawsuit for money is not the only answer. Florida has a faster tool built for exactly this problem.
It happens more often than boat owners expect. An owner lists a boat with a dealer, or leaves it with a broker or a manufacturer’s representative to sell, or trades it toward a new one. The deal goes sideways. The dealer sells the boat to a buyer who wires the money to the dealer, and the owner never sees a dollar. Or the boat sits at a marina that refuses to release it because someone else now claims it.
The owner’s first instinct is to sue the dealer for the money. Sometimes that is the right move. But if you still hold the title and you want the boat itself back, Florida’s replevin statute, Chapter 78, gives you a direct path to possession.
What replevin is
Replevin is a lawsuit to recover specific personal property that someone else is wrongfully holding. It is about the thing, not just its value. A boat, a car, equipment or inventory can all be the subject of a replevin action.
The key question in most boat cases is title. A seller who does not own a boat, and has no authority from the owner to sell it, generally cannot give the buyer good title. Florida has a separate titling system for vessels, and the title record is often the most important evidence in the case. (See Fla. Stat. ch. 328.)
Getting possession before the case is over
Replevin can move faster than an ordinary lawsuit because the statute lets the owner ask for possession while the case is pending.
- Order to show cause. In the usual path, the court orders the person holding the property to appear and show why it should not be turned over. The hearing cannot be set sooner than five days after that order is served. (Fla. Stat. § 78.065.)
- Prejudgment writ. In certain situations, for example where the property is being endangered or is about to be moved or concealed, the court can issue a writ before a hearing, based on a verified petition or affidavit. The owner must post a bond, generally twice the value of the property, to protect the other side if the writ turns out to be wrongful. The person holding the property can then move to dissolve the writ, and the court must hold a prompt hearing. (Fla. Stat. § 78.068.)
The bond requirement matters. For a valuable vessel, twice the value is a significant number, and the owner should plan for it before filing.
The buyer’s defense: “I paid for it in good faith”
The person who bought the boat from the dealer will often argue that he was an innocent purchaser who paid fair value and should keep it. Whether that defense works depends on the facts, and particularly on what the buyer knew or should have known. A buyer who never checked the title record, never saw a title in the seller’s name, and wired money to a dealer that did not own the boat may have a hard time claiming the protection the law gives true good-faith purchasers.
A boat manufacturer arranged for its client's boat to be sold through its dealer network, but the owner never signed over his title. In that case, the court granted summary judgment to the owner and ruled that title never passed to the buyers. The buyers had paid the dealer, but the dealer never held title and had no authority to transfer it, and the owner kept his paper title the whole time.
Keeping the case together
Replevin disputes often come packaged with other claims: claims against the dealer, the marina, or the buyer. Sometimes a party will ask the court to split the replevin claim off and try it separately. That can mean trying the same facts twice and risking results that conflict. In our case, the Third District Court of Appeal granted certiorari and quashed an order that had severed the replevin claim, holding that the issues were “inextricably intertwined” with the other claims.
If your boat is being held or was sold without your authority
- Keep your original title in a safe place, and do not sign it over until you are paid.
- Gather every document about the arrangement: listing or consignment agreements, emails and texts with the dealer, and any trade-in paperwork.
- Find out where the boat is now and who is holding it.
- Put the marina or storage facility on written notice of your ownership.
- Move quickly. A boat can be moved, re-registered or sold again, and replevin works best before that happens.
For buyers: how to avoid becoming the defendant
- Check the title before you wire any money, and confirm the seller is the titled owner.
- If a dealer or broker is selling on someone else’s behalf, ask for written authority from the owner.
- Be wary when the seller cannot produce the title at closing.
We represent boat owners and businesses in replevin, title and vessel disputes throughout Florida. Call 305-748-3789 for a free consultation. Meetings by appointment only.
This article is general information, not legal advice for your situation. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.
This article is general information, not legal advice, and does not create an attorney-client relationship. Josef Timlichman, Esq. is licensed in Florida. Past results do not guarantee a similar outcome.