How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 36982
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
19958803
Type Your Legal Question Here...
Barrister is online now
A new question is answered every 9 seconds

I found a motorcycle on Craigslist that the guy advertising

Customer Question

I found a motorcycle on Craigslist that the guy advertising said he wanted $3000 down and to take over the monthly payments of 332 to include interest and the cost of the bike was $10000. I have made all payment on time, however he was suppose to renew the registeration of the bike with DMV and the plates to me bit he never has. Now I feel like there is nothing I can do. I told him I would put my payments in escrow but he said the bank would just come and get it and I would be out of $7000. Is there anything I can do? Do I have any legal course if action. What should be my next step since my money is limited for legal counsel?
Submitted: 6 months ago.
Category: Legal
Expert:  Barrister replied 6 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

So how much have you paid him and how much is remaining on what you owe?

.

Why is he refusing to renew the registration and send the plates?

.

.

thanks

Barrister

Customer: replied 6 months ago.
Originally he stated he wanted $3000 down. Then when I went to North Carolina to pick it up he said he needed $3500 because a payment was due. So once I came back home the following day. I sent him another 500 which I have in a notarized letter. Since march I have made payments of 332 monthly. There is no real reason why he has not sent the plates. He just has excuse after excuse about that he has been moving and he list the papers and he needed the VIN number etc. I have given him all that I could have but recently when I said I am not paying anymore and putting it in escrow and given him 30 days notice he replied to me in an email that I have not made any attempts (so very untrue) and that if I don't pay the bank will come and get it and I will be out of $7000. I have the emails of our communication recently. I also attempted to send him a letter to his home which was returned to me because he no longer lives there (this was back in around September). So that month I did not make the payment on time and that was the only reason he contacted me via email.
Expert:  Barrister replied 6 months ago.

Ok, if he was supposed to register the bike and send you the plates as part of the agreement, then if you have paid as agreed up until he hasn't gotten it registered, then he is in breach and your only recourse here is to sue him for breach of contract in NC for breach of contract for your money back or for him to comply with the contract.

.

The limit in NC for small claims is either $5K or 10K, depending on the county and you don't need an attorney to represent you. You would just get the summons and complaint forms from the local court clerks and file them. They will help with getting the sheriff to serve the summons on him. Then you just appear in court on the court date and tell your story and presumably get your judgment.

.

.

thanks

Barrister

Customer: replied 6 months ago.
last question...visit true that I am not able to put this money into an escrow account while I am going through this process? Or should I continue to pay directly to him? I still don't even have his home address because he moved and has not given it to me. Is there any way I can find out where he truly lives?
Expert:  Barrister replied 6 months ago.

visit true that I am not able to put this money into an escrow account while I am going through this process?

.

Since he is in breach by failing to provide the registration and plates, I would opine that you are excused from further performance until this is resolved. So putting the money in escrow is a good idea. I would also suggest that you basically hide the bike to ensure that if he isn't paying, and he won't be, that the bank can't come and take the bike and repo it because he will tell them where it it if he has your address.

.

Is there any way I can find out where he truly lives?

.

The only way I can think of is by hiring a local private investigator, but that would probably be expensive...

.

.

thanks

Barrister