Purchased a Stolen Motorcycle

[TonyTon]

My question involves a consumer law issue in the State of: North Carolina

I purchased a motorcycle in 4/09 from a "friend" of a "really good friend." Everything seemed very legit he had title that was signed by the previous owner and he had signed it but never went to DMV to get it transfered. He told me that he had done this before and there were no problems to get it done. Went to DMV they say no the seller needs to be there to sign in person with ID. So, I start the process to get the forms filed out which includes an Indemnity Bond, and DMV Theft and Safety Inspection so I can get a new title in my name. Got the bond and now waiting on the inspection, Investigator shows up at the house starts the paper work and runs the VIN# and Motor# and finds out they don't match and that the motor is stolen out to Florida. So here we go this takes roughly 4 months to track that "previous owner" down, we find him I agree to pay him $100 for the motor and everyhing is good to go. Investigator comes back out to the house for pics and the wrap up the paper work and sees that the VIN# is not straight (up & down, 1 # crooked).

She does a acid wash on the frame and finds out that this is the whole bike that was stolen and a clean VIN# restamped. Week passes and I got a call today saying the bike has been owned by 11 different people in 14 yrs and the "correct" owner is a total different guy in Florida then the guy I spoke with about to $100 for motor deal. So bacisly, I'm out of a bike no questions asked the Investigator told me it would cost me way too much time and money to fight for getting the bike back. I'm trying to persue the guy I bought it from for the money I spent to get the bike and the money I spent to get it in safe running order so I could pass the DMV Inspection.

Wow, I have never typed this much in my life at one sitting sorry for being so LONGGG... Here are my questions...

1. Does anyone know where there is an example of a Demand Letter that fits my situation?

2. Do I have the leverage or backing to Demand and/or sue for the small claims max $5,000?

[jk]

1. Does anyone know where there is an example of a Demand Letter that fits my situation?

no and there is no reason to be eloquent or witty. Simply send a letter stating the bike was s stolen bike and as such, he (the guy that sold it to you) did not have legal title to be able to sell it to you and due to that, you are demanding your money be returned.

2. Do I have the leverage or backing to Demand and/or sue for the small claims max $5,000?

you can sue for your damages. If that is $5k, then sue for it. If not, sue for what they actually are.

[TonyTon]

Thanks for the info JK..So I am intitled to the cost of the motorcycle and the money I put into it to get it up to Safe Operating Condition inorder to pass the DMV Inspection? Also, should I include a copy of all the receipts I have to prove to him that this money was truly spent?

[jk]

you are probably not going to get the repair costs but I would include them anyway. Obviously I am not privy to all the facts and there may be justification for being able to seek repayment of the repair costs. (detrimental reliance comes to mind) but is is surely no sure thing.

include anything and everything you have concerning this. Better too much than not enough.

[Scott67]

So I am intitled to the cost of the motorcycle and the money I put into it to get it up to Safe Operating Condition inorder to pass the DMV Inspection? Also, should I include a copy of all the receipts I have to prove to him that this money was truly spent?

Just to clarify, you are not "entitled" to anything. You need to prove and win your case.

[Who'sThatGuy]

If you have receipts for parts that you put on the motorcycle then you can show them to the police department and get your parts back.