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  1. #1

    Default Bought Used Motorcycle from Private Seller, Seller Not Named Under Title

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

    I saw the seller forge a signature on the title and he also falsely represented the bike. He posted the bike on Craigslist claiming it is a 1983 Honda Shadow 750 when it was really a 1983 Honda Shadow 500. Now whether he knew it was actually a Honda Shadow 500 all along or not I do not know, but I highly doubt that he didn't know as he said he owned it for a year. In the end, the seller made me rely on that falsehood and I handed him the cash. I know I am partly at fault as I should've been more careful examining the bike, but the shadow 750 and shadow 500 look almost identical.

    I have spoken to him since then and told him that he misrepresented the bike and sold a bike that isn't in his name and I will sue him in small claims court if i must. The next day I have text messages of him telling me that he thought about it and said I was right and that he'll give me back my money and do a full refund. Later that day he took back his word and said he spoke to his family attorney and decided that he won't refund me since I saw the bike, drove the bike and verbally agreed to buy the bike.

    At this point do I have a strong enough case to sue and win in small claims to get a full refund? Considering the seller is a fraud since he forged the signature to title-jump the bike and he misrepresented the bike which I would not have bought if I had known it was actually a 500. I also know where lives, where he works and I have a picture of his drivers license if that stuff helps at all.

    Thanks for your help in advance!

  2. #2
    Join Date
    Mar 2013
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    17,387

    Default Re: Bought Used Motorcycle from Private Seller, Seller Not Named Under Title

    Important question:

    Have you already transferred the title into your name?

  3. #3

    Default Re: Bought Used Motorcycle from Private Seller, Seller Not Named Under Title

    No, I have not transferred the title in my name and I probably couldn't even if I wanted to. If I recall correctly, I would need a bill of sale from the seller and the gentleman registered to the bike. So, I'm pretty much stuck with a useless hunk of metal right now.

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