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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 3201
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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I TOOK OUT AN AUTO LOAN FOR A FRIEND TO PURCHASE A MOTORCYCLE.

Resolved Question:

I TOOK OUT AN AUTO LOAN FOR A FRIEND TO PURCHASE A MOTORCYCLE. RECENTLY WITHOUT MY PERMISSION HE TOOK THE BIKE TO AN AUTO SHOP TO HAVE CUSTOMIZED WORK DID IT AND NOW HE CAN'T PAY FOR IT. THEREFORE, THE AUTO SHOP IS GOING TO SELL THE BIKE FOR REIMBURSEMENT FOR WORK DONE BUT THE BIKE STILL HAS A LIEN ON IT AT THE BANK WHICH THEREFORE LEAVES THE LOAN PAYMENTS IN WHICH I AM PAYING.. CAN I SUE HIM FOR THE BALANCE OF THE LOAN BECAUSE IT IS BECAUSE OF HIS ACTIONS THAT THE BIKE IS BEING SOLD. I CAN'T AFFORD THE COSTS OF THE WORK AND MOST IMPORTANLY I DIDN'T KNOW ABOUT IT UNTIL I RECEIVED A CERTIFIED LETTER BECAUSE I'M THE OWNER OF THE MOTORCYCLE.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 1 year ago.

LegalGems : I am sorry to hear of this, especially after you assisted your friend by taking out the loan for his benefit.
LegalGems : Hi! LegalGems here. My goal: To Do My Best To Assist You. Please remember, I can only provide general information,as this is a public forum.
LegalGems : Since you are the legal owner of the bike, you may sue him for conversion - using the property for his own benefit, in an unauthorized manner (this would be regarding the unauthorized improvements; however, once he was able to show that he was permitted to exercise control over the bike, the judge would likely dismiss this). Another alternative would be a basic breach of contract - a contract does not need to be in writing in order to be effective; an oral contract is also binding. Presumably when you took the loan out on his behalf, he promised to pay it. Now that the bike is being sold due to his actions (unauthorized repairs which caused the lien) you can sue for your economic damages. Economic damages are those that are reasonably foreseeable which result from the defendant's action. By authorizing repairs that he was unable to pay for, the mechanic's lien was a foreseeable result, which would result in the ultimate sale of the bike. As such, you can file for this breach of contract, claiming the outstanding loan balance in addition to the cost of improvements. You would have to offset the claim with any monies received as a result of the sale. (the lienholder will reimburse the owner for any excessive monies received from the sale). Before going further, it would be the general course of action to send your friend a demand letter, including a copy of the certified letter, requesting that he rectify the situation by X date, with notification that you will have to pursue your legal remedies should he fail to make you whole.
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Expert:  LegalGems replied 1 year ago.
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Customer: replied 1 year ago.
the auto shoop that did the custom work is selling the bike to get reimbursement for the work done because he can't pay for the work that was performed on the bike. I'm not getting any money from the sale. I'm only trying to sue him for the amount owed on the outstanding balance because he can't return the bike because the bike is being sold in a public auction to his decision to have the work done with my authorization and not being able to pay for it. my question is and i realize that you i need to seek legal advice from a lawyer but does it sound like a i have a legitimate case. i beleive i do because of his actions now his stuck with me with the loan because he won't pay and he can't give the bike back to me because it's being sold because i didn't authorize this customized work and my property is being sold because of his decision to have this work done.
Expert:  LegalGems replied 1 year ago.
Yes, your friend was obligated to reimburse you for the loan. Since the bike is being sold and you will not be received any money, the general rule for damages is the economic harm suffered by the plaintiff. Since he has failed to comply with the terms of the loan (and even oral loans are enforceable), you may bring an action for breach of contract; the damages requested would be the amount still owing. If you did receive surplus sale money, this would be deducted from the damages, but if there are no surplus sale proceeds, then generally it would be the outstanding amount on the loan. Hopefully a formal demand letter would resolve this, and would eliminate the need for a lawsuit. You may want to first hire a lawyer to write a demand letter; then if that is unsuccessful, sue for breach of contract.
Customer: replied 1 year ago.
thanks for your help

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