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Bike I bought has a lien, what should/can I do ?

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In 2011 I bought a 2006 WR450F with 75 miles on it off a classic car dealer next to my house for $3700. He claimed he'd lost and had to find the title, and I believed him.

He tried to find the title then requested a new one from the DMV for 6 months with no results.

So one day, while I was at the DMV on unrelated business I asked about this bike, they informed me it still had a lien on it.

I talked to the seller who denied this saying it was a mistake etc etc This BS went on for a few months. He gave me permission to talk directly with the lien holder who said he had an outstanding debt of $17K on a loan that this bike was included in. 

The seller repeatedly told me he was talking to the lien holder to work it all out, but this was also BS. He didn't ever contact them.

So I confronted him face to face, told him he had the debt so he has two choices, pay the $17K and pay the lien, or give me my $3700 back. He, unsurprisingly opted to pay me back.

So, he gave me a check for $1500 in March 2013 which cleared fine, promising to follow with more payments. I call him 2-3 times a weeks and he's stopped responding. His shop says he hasn't been there for 3 weeks.

 

So, drama aside, what should I do ? I don't think he's going to pay me anytime soon.

 

 

These are the hypothetical solutions I can think of:

 

1: I can take him to court. He'll lose as he's already admitted guilt with the partial repayment. But he could be obstructive. Not show at court, claim poverty etc

2: I could buy a frame and title and reframe the bike. This I'm sure isn't legal, but what are the risks/ drawbacks? The Lien holder is going to pursue the seller for payment, not me. I'm not morally comfortable with this as you can imagine.

3: Sell the bike cheap with full disclosure of course. I'm not going to rip anybody off.

 

I'd love to hear some opinions ?

 

thanks

Edited by gjscott

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In 2011 I bought a 2006 WR450F with 75 miles on it off a classic car dealer next to my house for $3700. He claimed he'd lost and had to find the title, and I believed him.

He tried to find the title then request a new one from the DMV for 6 months with no results.

So one day, while I was at the DMV on unrelated business I asked about this bike, they informed me it still had a lien on it.

I talked to the seller who denied this saying it was a mistake etc etc This BS went on for a few months. He gave me permission to talk directly with the lien holder who said he had an outstanding debt of $17K on a loan that this bike was included in. 

The seller repeatedly told me he was talking to the lien holder to work it all out, but this was also BS. He didn't ever contact them.

So I confronted him face to face, told him he had the debt so he has two choices, pay the $17K and pay the lien, or give me my $3700 back. He, unsurprisingly opted to pay me back.

So, he gave me a check for $1500 in March 2013 which cleared fine, promising to follow with more payments. I call him 2-3 times a weeks and he's stopped responding. His shop says he hasn't been there for 3 weeks.

 

So, drama aside, what should I do ? I don't think he's going to pay me anytime soon.

 

 

These are the hypothetical solutions i can think of:

 

1: I can take him to court. He's lose as he's already admitted guild with the partial repayment. But he could be obstructive. Not show at court, claim poverty etc

2: I could buy a frame and title and reframe the bike. This I'm sure isn't legal, but what are the risks/ drawbacks? The Lien holder is going to pursue the seller for payment, not me. I'm not morally comfortable with this as you can imagine.

3: Sell the bike cheap with full disclosure of course. I'm not going to rip anybody off.

 

I'd love to hear some opinions ?

 

thanks

 

This guy must have ESP, he just texted me as I was posting that message.

 

He states he seeing his attorney and will call me this evening. I'll not hold my breath.

His wife was killed earlier this year when she was hit by an SUV as a pedestrian outside his shop. Horrible for him I'm sure, so I have been cutting him a lot of slack.

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He states he seeing his attorney and will call me this evening. I'll not hold my breath.

His wife was killed earlier this year when she was hit by an SUV as a pedestrian outside his shop. Horrible for him I'm sure, so I have been cutting him a lot of slack.

(has he cut u some slack common)

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What a mess!! Talk to a lawyer for advice. They may take the case with no money down as it sounds like a slam dunk for them. The guy who sold you the bike would be stuck with paying you back plus court costs.

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File a lien on his business and a suit n small claims. I hope you still have possession of the bike. Your attorney may advise you to contact the police too for him selling something he did not have legal title to.

 

Excuses are like rain drops. You are going to get wet.

 

Again, NEVER EVER pay for a bike if the seller does not have the title in hand.

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In 2011 I bought a 2006 WR450F with 75 miles on it off a classic car dealer next to my house for $3700. He claimed he'd lost and had to find the title, and I believed him.

He tried to find the title then request a new one from the DMV for 6 months with no results.

So one day, while I was at the DMV on unrelated business I asked about this bike, they informed me it still had a lien on it.

I talked to the seller who denied this saying it was a mistake etc etc This BS went on for a few months. He gave me permission to talk directly with the lien holder who said he had an outstanding debt of $17K on a loan that this bike was included in. 

The seller repeatedly told me he was talking to the lien holder to work it all out, but this was also BS. He didn't ever contact them.

So I confronted him face to face, told him he had the debt so he has two choices, pay the $17K and pay the lien, or give me my $3700 back. He, unsurprisingly opted to pay me back.

So, he gave me a check for $1500 in March 2013 which cleared fine, promising to follow with more payments. I call him 2-3 times a weeks and he's stopped responding. His shop says he hasn't been there for 3 weeks.

 

So, drama aside, what should I do ? I don't think he's going to pay me anytime soon.

 

 

These are the hypothetical solutions i can think of:

 

1: I can take him to court. He's lose as he's already admitted guild with the partial repayment. But he could be obstructive. Not show at court, claim poverty etc

2: I could buy a frame and title and reframe the bike. This I'm sure isn't legal, but what are the risks/ drawbacks? The Lien holder is going to pursue the seller for payment, not me. I'm not morally comfortable with this as you can imagine.

3: Sell the bike cheap with full disclosure of course. I'm not going to rip anybody off.

 

I'd love to hear some opinions ?

 

thanks

1. You will win the judgement but it might be tough collecting.

2. Illegal

3. Illegal

  • Like 3

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Again, NEVER EVER pay for a bike if the seller does not have the title in hand.

 

 

 

 

 

 

people just dont beleive this untill it happens to them..........it is funny to hear all the lies from craigs list sellers why they dont have a title for the bike they are trying to sell....lol

Edited by bluedawg

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Again, NEVER EVER pay for a bike if the seller does not have the title in hand.

 

 

 

 

 

 

people just dont beleive this untill it happens to them..........it is funny to hear all the lies from craigs list sellers why they dont have a title for the bike they are trying to sell....lol

 

I was naive, I admit it, but he's a car dealer right next to my house. Never again however. 

 

I do think the guy is honest, but he's a jackass, and is in some financial difficulty now and I'm the softest one he owes money to. I am expecting that he'll just lose it and drop off the radar, and I'm left holding the baby.

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Wait a second, he's a car dealer? I would report him to whoever regulates the dealers in your state. Whole different situation since he's a licensed dealer.

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3700 - 1500 = 2200

 

IMHO I hope for you that he falls off that map you are talking about and you get to keep the bike for 2200.

 

Back to real life... I agree with just about every comment... lawyer up, sounds like a quick and easy trial

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Bummer, this is going to be an expensive lesson. Not just money...time is valuable commodity. I'm certainly not a legal expert, but the lender who has a lien against the bike doesn't want the bike, they want money. Somehow you'll likely keep the bike, the $3700 question is how long & how much?

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Bummer, this is going to be an expensive lesson. Not just money...time is valuable commodity. I'm certainly not a legal expert, but the lender who has a lien against the bike doesn't want the bike, they want money. Somehow you'll likely keep the bike, the $3700 question is how long & how much?

It's $2200 now as he gave me $1500 already. However, I talked to the lien holder and they are not pursuing the debt at all. This is really bizarre to me. 

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I was naive, I admit it, but he's a car dealer right next to my house. Never again however.

I do think the guy is honest, but he's a jackass, and is in some financial difficulty now and I'm the softest one he owes money to. I am expecting that he'll just lose it and drop off the radar, and I'm left holding the baby.

common grow some nuts

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As someone else said, this may end up being no more than an expensive lesson for you unfortunately. I was at the track a few months ago when a buddy of mine saw a truck pull in with his stolen bike in the back. Turns out the guy unknowingly bought it from the thief. Because my buddy had all the paperwork and this idiot bought it with none, my buddy went home with the bike and this guy was out $3k.

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Small car dealers near me (NJ) are notorious for doing this. They obtain cars with leins on them, sell the car and never pay off the lein.

There was just a story in the local paper about a car dealer in ocean city NJ who got penalized for it.

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It's $2200 now as he gave me $1500 already. However, I talked to the lien holder and they are not pursuing the debt at all. This is really bizarre to me.

If they're not going to persue the debt, then release the lein on the bike. They won't tho I bet. They may not get their money back but at least they can keep the lein against the original seller just to create hardship for him.

If the guy does pay you the rest of the $2200, I wonder if you put that with the $1500 you've already gotten and offered it to the leinholder, would they release that part of the lein. Then you wouldn't have any future problems with anything you wanted to do with the bike.

I can understand why the guy wouldn't want to do that himself with the leinholder.

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It's $2200 now as he gave me $1500 already. However, I talked to the lien holder and they are not pursuing the debt at all. This is really bizarre to me. 

"$3700 question" is just a figure of speach. I don't believe anyone posting here is getting down on you. Some of us older folk have seen this, or have experienced it 1st hand. We all feel your pain to a certain degree...I honestly wish you luck, hope you keep the bike(as well as obtaining legal ownership). I hope this deal does work out for you. I advise as somone earlier posted, seek legal consult...a lot of attorneys will do a 1st consult free. As far as 2200 vs 3700...That may be a moot point since the lien holder probably has the legal advantage, at this time. I wish you luck, and hope this crappy deal works out in your favor.

 

Best of luck...truly

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