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  1. #1
    Join Date
    Mar 2012
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    2

    Default VIN Number Does Not Match Engine Number

    My question involves a consumer law issue in the State of: California
    I am a used motorcycle dealer. Last June I bought a dirt bike off of Craigslist from a private seller. He gave me a valid title that matched the vin number on bike frame. I took the bike to California and sold it through the auction. The auction cut me a check and all good till a month and a half later. Auction calls me and tells me buyer brought back bike and said engine is stolen. They claim the number was "scratched out". Auction wants me to give money back and come pick up bike. I said no and now they are threatening legal action. My case for not taking bike back rests on 2 points. 1 - auction was responsible for checking and clearing all vin/engine numbers before bike is put on auction block. 2 - auction sold bike and it left their facility for over a month before being brought back. No way to tell if buyer simply had buyer remorse and scratched vin out himself as an excuse to bring bike back. Let me know what you guys think

  2. #2
    Join Date
    Sep 2011
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    OH10
    Posts
    14,745

    Default Re: Vin Number Does Not Match Engine Number

    If the VIN is scratched out, how can they substantiate it is stolen?
    Dear Santa. For Xmas this year I want a fat bank account and a slim body. Please don't mix them up again.
    Why do stores in the US have so many undocumented shoppers?

  3. #3
    Join Date
    Jan 2006
    Posts
    27,848

    Default Re: Vin Number Does Not Match Engine Number

    have you verified the claim? Tell them to provide you the VIN on the stolen engine and check for yourself.

  4. #4
    Join Date
    Mar 2012
    Posts
    2

    Default Re: Vin Number Does Not Match Engine Number

    That's the problem... They claim since it is "scratched out", it is illegible. They actually have no way of proving it is stolen if indeed the engine number is illegible.

  5. #5
    Join Date
    Jan 2006
    Posts
    27,848

    Default Re: Vin Number Does Not Match Engine Number

    Quote Quoting Reed us
    View Post
    That's the problem... They claim since it is "scratched out", it is illegible. They actually have no way of proving it is stolen if indeed the engine number is illegible.
    well, since they cannot read the number, they cannot possibly determine if it is stolen. Obviously it is quite suspicious but in itself, it proves nothing.

    I would tell them to enjoy the bike.

    If the auction house does check the VIN's, I would stand on the argument that they presumably had checked the engine VIN and it was all cool. To make a claim now is suspicious and unless they can prove it was scratched out at the time of the sale, I would refuse the demand to rescind the sale.

    For them to demand you rescind the sale would require them admitting they failed to perform as they are required to. Now, their failure would not relieve you of any responsibility you would have here but I suggest shaming them into either admitting they failed to perform as they claim to and possibly harming their reputation or shame them into dropping the claim to rescind the sale and allow their poor practices to remain unknown.

  6. #6
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    14,745

    Default Re: Vin Number Does Not Match Engine Number

    I go w/JK. They have no proof of fraud or theft on your part.
    Dear Santa. For Xmas this year I want a fat bank account and a slim body. Please don't mix them up again.
    Why do stores in the US have so many undocumented shoppers?

  7. #7
    Join Date
    Apr 2012
    Posts
    1

    Default Re: Vin Number Does Not Match Engine Number

    My side , Tell them to provide you the VIN on the stolen engine and check for yourself.

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