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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 33167
Experience:  JD, BBA Over 25 years legal and business experience.
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I am selling a motorcycle to someone. He agreed to make four

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I am selling a motorcycle to someone. He agreed to make four equal payments to equal a total of 2,000.00. He is a month late on the final payment. The bike is still in my name. Can I legally take the bike back from him without refunding his money that he's me paid so far?

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Do you have a contract which indicates what occurs under these circumstances?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 4 years ago.
We wrote up a contract stating that he will pay me those four payments and that as soon as the bike is paid off (it's still financed through the bank) I will transfer the title to his name. The contract got ruined in the rain and was thrown away, so we no longer have it.
I see. Thank you for clarifying that, John.

Even though the title is in your name, you could not typically retake possession of the bike without providing the buyer with a partial refund. It does appear he is in breach of contract which would permit you to terminate the contract and pursue damages due to the breach, which would normally include the balance owed on the contract.

If you retook possession of the bike, you would normally have to refund the amount the buyer paid you less any damages you sustained as a result of the breach, which would likely be minimal under these circumstances, so you would be required to refund most of what has been paid if you intend to take possession of the bike.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

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