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Buyer Given Possession of a Motorcycle and Never Payed As Agreed

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  • 06-30-2017, 09:35 PM
    drnutell
    Buyer Given Possession of a Motorcycle and Never Payed As Agreed
    My question involves a consumer law issue in the State of: New Jersey
    I lived in New Jersey and had to move to Arizona because of an eviction by the banks. I agreed to sell my motorcycle to a friend and allowed him to take possession of it with the agreement that he would pay for it later. I held the title in my possession until i receive payment. It's been a year and he has paid nothing. I am not sure how to legally resolve this issue and what state I should pursue this from. Can you give me some advice on how to proceed?
  • 07-01-2017, 08:42 AM
    Mr. Knowitall
    Re: Buyer Given Possession of a Motorcycle and Never Payed As Agreed
    You indicate that the sale occurred in New Jersey, so if you want to sue you need to sue in New Jersey.

    There are no good answers here -- you should have insisted upon being paid in full when you 'sold' the motorcycle and transferred title to the buyer. Now you're not only out the money and the motorcycle, you are potentially civilly liable if the 'buyer' causes an accident and can find yourself being billed for his parking and toll road violations.

    Options include trying to get your 'friend' to return the motorcycle, trying to find a way to collect the motorcycle (since it is still in your name), offering him a discount if he pays by a specified date, transferring title to him and writing it off as a life lesson, suing in small claims court....
  • 07-01-2017, 08:46 AM
    budwad
    Re: Buyer Given Possession of a Motorcycle and Never Payed As Agreed
    Quote:

    Quoting drnutell
    View Post
    I held the title in my possession until i receive payment.

    No title was transferred which aside from not being paid, OP is liable for anything that happens and the buyer is probably still using OP's plates.
  • 07-01-2017, 09:09 AM
    adjusterjack
    Re: Buyer Given Possession of a Motorcycle and Never Payed As Agreed
    Unbelievable.

    Mankind is smart enough to send spaceships zipping around the solar system.

    But stupid enough to repeatedly get into these vehicle title deals.
  • 07-01-2017, 06:12 PM
    drnutell
    Re: Buyer Given Possession of a Motorcycle and Never Payed As Agreed
    Your criticism is noted but you offer no advice. The person has moved the motorcycle to another state and I have lost contact with him. Obviously I made a mistake but I came to this forum for advise, not to be reprimanded by you. If you can't offer any advice what good are you.

    How can I find out if this person has tried to register this motorcycle in another state? If he has is that not a felony? I believe he has gone back to NY somewhere. I see my bike on his facebook page but he does not answer messages left there.
  • 07-01-2017, 07:13 PM
    Mr. Knowitall
    Re: Buyer Given Possession of a Motorcycle and Never Payed As Agreed
    If you want to try to find out if a vehicle is registered in a given state, contact that state's DMV and ask how you might perform a VIN check. As you're letting him use the motorcycle without paying for registration or insurance, and with your plates, he has little incentive to try to forge a title.
  • 07-02-2017, 06:25 AM
    budwad
    Re: Buyer Given Possession of a Motorcycle and Never Payed As Agreed
    You should also consider calling NJ MVC and ask if your plates were turned in or if any duplicate title was issued. If he was able to get a duplicate title, he could have forged you signature and retitled the bike in his name. Did you give him your bike registration when he took the bike?
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