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Problem titling bike, suggestions!

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Bought a used XR400 from a Honda dealer here in town 2 years ago. Got a Bill of Sale but nothing else. Now I am selling the bike and the buyer wants a title. Called DMV, they need a Cert of Origin. Called the dealer, they don't have one. Called dealer again, dealer says that the bike was titled in VA but they did not transfer the title before sellling it to me! So in reality, someone else owns my bike! Anyone else have an issue like this? Should I get a lawyer?, demand a refund? They say they are trying to help me to get the title, but I want action now.

:banghead:

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im in a situation like this as we speak, or close to it. Im in the process of buying a 2003 cr125 from a guy up in newberg and my dad wanted it to be registered except the guy didnt have it registered when he bought it. so then about 2 months ago we all go to the dmv because he had the certificateof origin and he got the bike registered right there and then, but the registration did not say transferable on it, so they had to apply for that and it has to go through albany so that should have taken 6-8 weeks, and its been 2 months so im growing impatient, maybe i should start looking for another bike. its a real pain in the ass, ive deemed the DMV the second layer of hell.

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Bought a used XR400 from a Honda dealer here in town 2 years ago. Got a Bill of Sale but nothing else. Now I am selling the bike and the buyer wants a title. Called DMV, they need a Cert of Origin. Called the dealer, they don't have one. Called dealer again, dealer says that the bike was titled in VA but they did not transfer the title before sellling it to me! So in reality, someone else owns my bike! Anyone else have an issue like this? Should I get a lawyer?, demand a refund? They say they are trying to help me to get the title, but I want action now.

:banghead:

Get a a good contact at the dealer, someone with authority (like the owner) and get their committment to help you solve the problem. Don't do this by phone. Drive to the dealer with your paperwork and make it happen. Being face to face can do wonders. Be patient and be nice. Only get nasty if they refuse to help.

If you want action now, it begins with you. They are not going to give you a refund two years later, so be realistic about the situation. With some patience, you'll sort it out. I'm sure this isn't the first time in the history of man this has happened.

Clearly you have a case if a licensed dealer sold you a bike without the right to do so (clear title), so they have a vested interest in making it right. I'm sure they have a record of whom they purchase the bike from, so I'm sure it can be sorted out. I bet it won't be as quickly as you'd like, but sometimes life just bites and you have to deal with the situation.

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Have the owner send a certified letter to the original owner requesting release of the title.... That is about the only way (thats what I have done several times in Washington). Sometimes it will take some time to get the actual title but you can usually get it registered in your name and get tags.....

Who has the title now? If the dealership did not provide a title in the first place from the original owner seems as though they screwed up. I know in Washington almost all dealerships will not even take a bike in with out a title. Considering it is the proof of ownership. Without a title or some form of ownership it seems it would be pretty easy to steal a bike and sell it to a dealer or use it as a trade in.

Sounds like your dealership wants nothing to do with it. I would aske them for thier help in resolving the matter. :banghead:

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Get a a good contact at the dealer, someone with authority (like the owner) and get their committment to help you solve the problem. Don't do this by phone. Drive to the dealer with your paperwork and make it happen. Being face to face can do wonders. Be patient and be nice. Only get nasty if they refuse to help.

If you want action now, it begins with you. They are not going to give you a refund two years later, so be realistic about the situation. With some patience, you'll sort it out. I'm sure this isn't the first time in the history of man this has happened.

Clearly you have a case if a licensed dealer sold you a bike without the right to do so (clear title), so they have a vested interest in making it right. I'm sure they have a record of whom they purchase the bike from, so I'm sure it can be sorted out. I bet it won't be as quickly as you'd like, but sometimes life just bites and you have to deal with the situation.

I was typign when this was posted, so I was not coping. Sorry. :banghead:

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Thanks for the suggestions. I I'll probably just have to wait a while to get this resolved, probably lose the sale as a result.

DMV does indeed suck, I've spent a couple of hours total on the phone with them now. Waste of time. The dealer does now seem like they are going to help. I'll never buy another bike without title in hand.

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Thanks for the suggestions. I I'll probably just have to wait a while to get this resolved, probably lose the sale as a result.

DMV does indeed suck, I've spent a couple of hours total on the phone with them now. Waste of time. The dealer does now seem like they are going to help. I'll never buy another bike without title in hand.

You might lean on the dealer. It seems they have not done thier work correctly and could actually cause them selves some trouble if they were looked into. I would give them a press (in person) and let them know they need to help you. The DMV will do nothing for you but tell you what you need to provide them. How you get that information is up to you.

whether you loose the sale or not is one thing, but you will need the title if you intend to sell. Titles are not that difficult to get for your bike, just usually takes time to provide the correct info. :banghead:

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The Title, Certificate of Origin or Bill of Sale are all legal documents that individually can show proof of ownership. But, to your misfortune they all have different purposes to the Pin Heads at the DMV.

The Certificate of Origin is issued by a dealer to the buyer. It's purpose is to show the bike's existence and who it was originally sold to. Kind of a "Birth Certificate". DMV in your case is not interested in this document. The Bill of Sale would need to be notarized, if the bike is sold below blue book, it should show the sale price, millage and who bought and sold it. It's purpose is for the DMV to collect tax on the sale price, if the bike is Titled. The Title is what the DMV requires from you, if you want to register the bike. It's purpose (to the DMV) is to show all the vehicles information, model, year Vin and owner. It is only issued after tax has been paid. Which is why your dealer is probably not going to produce one for an off road vehicle like a XR.

In order to get the Titled transfered to you you will have to pay the tax on the full sale price of each and every person that has previously owned the bike. Then get a power of attorney from each person so that you can sign the bike over from them to you as a DMV witnesses the whole thing.

Unless, the perspective buyer of your XR intends to regester it (get a tag), a Title is not required. My advice to you is to sell the bike to someone that does not want to put a tag on it and will accept a notarized Bill of Sale.

Happy Trails

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