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  1. #1
    Join Date
    Mar 2012
    Location
    Alabama
    Posts
    1

    Default Made a Trade and Didn't Get Title

    My question involves vehicle registration or title in the state of: AL.
    I had a custom motorcycle i built, and found a truck I liked on craigslist. I contacted the guy and he wanted to trade. We did the trade I asked if he has the title he told me yes. I signed my bill of sale and title and handed it to him he handed me a bill of sale, told me he would bring the title to me at work the next day. ( i know i never should have left without it) That was 8 months ago and he will not answer his phone or reply to a text message. Now I know I can sue him, the motorcycle is already gone so I cant get it back. I have the original post that i made showing i wanted $4500 for the motorcycle. I would think I could sue for $4500 or the title to the truck that I am sure he does not have. On the bill of sale he wrote me he put the purchase price at $100 told me that way the tag would be cheaper, I did not argue I just wanted the truck. So now I am worried that if I do sue, the judge will tell me that the bill of sale is only $100 and thats all im getting and I will have to return the truck. Anyone have any opinions? Advice? Please help.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    71,768

    Default Re: Made a Trade and Didn't Get Title

    It is, of course, foolish to commit tax fraud.
    Quote Quoting Kennedy v. Boles Inv., Inc., 53 So. 3d 60 (2010)
    "The law generally allows for the recovery of all damages, including incidental and consequential, caused by the breach of contract or the commission of a tort." Van Hoof v. Van Hoof, 997 So.2d 278, 298 (Ala.2007) (citing Ex parte Steadman, 812 So.2d 290, 295 (Ala.2001) ("`The general rule as to the measure of damages in breach of contract cases is that damages are recoverable which are the natural and proximate consequence of the breach, and it is that sum which would place the injured party in the same condition he would have occupied if the contract had not been breached.'" (quoting Brendle Fire Equip., Inc. v. Elec. Eng'rs, Inc., 454 So.2d 1032, 1034 (Ala.Civ.App.1984))).
    If you sue for the fair market value of the truck - you were to receive the truck, not the motorcycle - and he responds, "But he agreed to pay only $100", your response is that you are entitled to the full benefit of your bargain. The fact that the defendant struck a bad deal is not your problem, and if the contract is not completed your damages are the value of the consideration you were to receive, not the remarkably low amount of money the defendant was willing to receive for a much more valuable asset. The judge may well roll his eyes and lecture you about tax fraud, because this is pretty transparent, but that's the argument....

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