Good afternoon. I'll be assisting you with your question.
If you have been making payments as directed by your contract, the other person should not repossess the item, in your case, a motorcycle. If they do, you may sue them in court for conversion and breach of contract.
If you think they went through with the repossession knowing you've been making payments, you could potentially get punitive damages, which is where a judge awards you extra money as a punishment to the other side.
In theory, it could be considered stolen, but it is really unlikely that the police are going to get involved when there may be a contract dispute over whether or not payments have been made.
How much did he sell you the motorcycle for?
In that case, you don't have a legally enforceable oral contract.
You could sue him for the payments you've already made, but without a written contract, you are in a very, very difficult legal posistion.
There is a law called the statute of frauds. The statute of frauds basically says that verbal contracts are only binding if they are for the sale of goods less than $500. Anything over that requires, by law, a written agreement in order to be enforceable.
Yes, it is.
You could sue for the payments you've already made, but as far as enforcing the sale of the motorcycle, that would be extremely difficult.
You have a high chance of getting your payments refunded.
That is, of course, assuming that you can prove that you did not miss any payments.
No, without a contract, you can't force the judge to order him to sell you the bike. The most you can do is get your payments back.
Glad to help. If I can't do anything else for you, please remember to "rate" my answer before you go.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).