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Maverick
Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 6422
Experience:  20 years of professional experience
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In 2003 I sold a motorcycle. I recently learned that the buyer

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In 2003 I sold a motorcycle. I recently learned that the buyer did not transfer this vechicle into his name, nor did he pay the appropriate CA sales tax. At the time of the sale, I mailed my portion of the pink slip with the intent to tell the DMV that I has sold the vechicle.

This motorcycle is at a motorcycle shop for sale on consignment. The motorcycle shop also performed some minor repairs, but was never paid. The buyer will not respond to the motorcycle shop's request for payment and/or pick up of the bike since is has not sold.

The sign on the bike says: "$6500; no pink". I assume the buyer lost the pink that I gave him in 2003.

I requested and received a new pink in Oct. '09 from the DMV. All atempts to contact the buyer to give him the new pink have failed.

I am the registered and legal owner in the eyes of the DMV, and as such am liable for anything that might happen or be caused by the said motorcycle.

Do I have the right to pay the shop and take the bike back? JW

I think you would be safe in doing so with minimum legal exposure because:

 

1. There is a 4 year statute of limitations on breach of contract claims and even a lesser number of years for other types of claims in CA;

 

2. Assuming that the buyer has not paid the mototrcycle shop's repair bill, the motorcycle shop has a mechnaics lien on the bike and can sell it to collect the money that is owed to it. You then could purchase the bike from the mechanic at the sale;

 

3. Even if the buyer somehow trys to redeem the bike from you, you would have a right to request that he pay you what you paid the mechanic to buy the bike from the mechanic.

 

4. Furthermore, it would appear that the buyer has abandoned the bike.

 

Please click "Accept" so that I can get credit for this answer. We can continue our conversation after that at no additional charge.

 



Edited by Maverick on 11/4/2009 at 2:24 PM EST
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