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Barrister
Barrister, Attorney
Category: Legal
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Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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i live in florida and back in 2009 bought a motorcycle for

Resolved Question:

i live in florida and back in 2009 bought a motorcycle for racing on the track only. the seller told me the bike was a theft recovery and there was no vin or title with the bike. i have used the bike for track days for a few years after having to make repairs to it.a few days ago i sold the bike to someone. this buyer understood the bike had no vin on it and or had a title. now his saying the bike is stolen because the vin is not on the bike. he is wanting me to take the bike back and give his money back or he will turn the bike over to the police. he paid with cash and did not ask for a bill of sale from me.am i legally responsible? i didnt know the bike was stolen or if it even is and i have the bill of sale from who i got it from.
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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If you sold the bike "as is" and told the buyer that it did not have a VIN or title, then the buyer would have taken it as it sits. Further, if he had an opportunity to inspect the bike prior to purchase and either did so or waived his rights to do so, then he would be unable to complain now of any defects with it.
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So at this point, you have no legal obligation to return his money if this was an "as is" sale.
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With that said, if he does contact the police and the bike does turn out to be stolen, then you can expect them to contact you and you will have to be prepared to turn over any information regarding the seller and hope they can find him. If they can't locate the seller from 2009, then they could conceivable charge you with possession of stolen property if the bike is not an actual theft recovery.
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The problem with the 2009 seller's story is that when a vehicle is stolen and recovered, even if it had the VIN removed, it will typically be given a salvage title and assigned a new VIN by the state.
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Thanks.

Barrister

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Please remember to rate my service. If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.

so they could charge me with possession of stolen property even if i have a bill of sale from the person i bought the bike from signed it back in 09? also the current owner does not even have a bill of sale from me?

Expert:  Barrister replied 1 year ago.
Technically yes. If they can't find the person who sold it to you to talk to them, they don't know that you didn't just make up a bill of sale and have a buddy sign a fake name to it.
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Since he doesn't have a bill of sale, that means he would have a harder time proving you sold it to him. But if he knows where you used to race it and takes it to the track where anyone knows you, they will likely tell the police that "Hey, that is Joe's old bike he used to race here." Then it gets a little sticky because why would you deny selling him the bike if you knew it was a theft recovery and the seller had the legal right to sell it to you.
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Thanks.

Barrister

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.

Please remember to rate my service. If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.

what if the authorities are unable to determine if the bike is a theft recovery or even stolen? and can the buyer from me be charged with anything by trying to blackmail me into taking the bike back to get his money back? he asking in text to take it back and sell it to someone else.

Expert:  Barrister replied 1 year ago.
what if the authorities are unable to determine if the bike is a theft recovery or even stolen?
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If this is the case, then they wouldn't be able to charge anyone with anything. They have to prove it is stolen before they can charge anyone. If it is such a "frankenbike" now that it is just replaced parts, then it might be tough to ever track it.
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and can the buyer from me be charged with anything by trying to blackmail me into taking the bike back to get his money back?
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No, this is a civil matter. He wants you to agree to cancel the sale and you don't want to. If he decides to inquire into the bike's history and finds out it has been stolen, then that wouldn't be blackmail. Blackmail is when someone threatens to do something illegal unless they are paid not to.
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Here is the botXXXXX XXXXXne...if you have any reason to believe that the guy you bought it from might not have been exactly honest with you about the bike, then you really don't want to run the risk of getting dragged into something that can turn bad really quick. If a bike doesn't have a VIN or a substitute VIN assigned to it and etched on the frame, that is a red flag for the police that it may be stolen. Everything has a SN or VIN so when things don't, it is usually for illegal reasons. If you get charged with something, even if it eventually gets dismissed, it will cost you several thousand to get an attorney to represent you, more if it goes to a trial.
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If it were me, it wouldn't be worth the money for the potential trouble and I would rather take it back, give the guy his money, and then sell it to someone else at a swap meet or somewhere that you aren't known so it can't come back on you if there turns out to be something wrong with it.
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So it boils down to how much you believe the guy who sold it to you and whether you know him personally and can still find him if necessary. If he was a sketchy character that you didn't personally know, then you are rolling the dice as to the outcome if the buyer goes to the police and they decide to take an interest.
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But that is just me and I try to avoid potential problems with the police as often as I can.
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Thanks.

Barrister

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Please remember to rate my service. If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister, Attorney
Category: Legal
Satisfied Customers: 24582
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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Barrister
Barrister
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