kennym4
Registered
OKAY, I took it as he had receipts to help this guy prove the bike had been fixed.
Need advice - Purchase gone bad
- Thread starter dx3
- Start date
OKAY, I took it as he had receipts to help this guy prove the bike had been fixed.
We don't know the whole story.
I guess I should have been more clear since there is always a circumstance to just about ever rule.... 
Any financial institution that I have dealt with always REQUIRED me to send them the title if I had a loan on the vehicle. In many cases the DMV was even required to send it directly to the bank or credit union. Now some places have a rule once you have paid down a certain percentage of the loan, they will send you the title. So if you borrowed $10k and paid it down to $4k then they may send you the title. Maybe that is what happened here... ???
That would be a situation where it is void. Yes, if you get a personal cash loan and not a vehicle loan then they don't know what you are buying. Therefore you will get the title in hand...
Every vehicle I have bought new or used, required me getting a new title with my name on it which was then sent to the lender until the loan was paid in full. Once I paid off the vehicle THEN they sent me the title. If I still had a lean on it, then the new buyer would get the title from the financial institution. They would have the bike inspected, titled, and tagged in there name and THEN sent back the title to the lender.
Mistakes happen and they send the title to the wrong person sometimes but eventually the bank, lender, whoever will be calling or knocking looking for the title and to take possession of it until it's paid in full....
Regardless, that isn't important here...
IT WAS ADVERTISED AS A CLEAR TITLE BIKE AND IT WAS NOT!!!
That is 100% in his favor in court...
The seller should know that he is still liable. If he has half a clue, that is why he's being nice to you. He is on the hook if you do your homework and push this until you are happy!
Any financial institution that I have dealt with always REQUIRED me to send them the title if I had a loan on the vehicle. In many cases the DMV was even required to send it directly to the bank or credit union. Now some places have a rule once you have paid down a certain percentage of the loan, they will send you the title. So if you borrowed $10k and paid it down to $4k then they may send you the title. Maybe that is what happened here... ???
That would be a situation where it is void. Yes, if you get a personal cash loan and not a vehicle loan then they don't know what you are buying. Therefore you will get the title in hand...
Every vehicle I have bought new or used, required me getting a new title with my name on it which was then sent to the lender until the loan was paid in full. Once I paid off the vehicle THEN they sent me the title. If I still had a lean on it, then the new buyer would get the title from the financial institution. They would have the bike inspected, titled, and tagged in there name and THEN sent back the title to the lender.
Mistakes happen and they send the title to the wrong person sometimes but eventually the bank, lender, whoever will be calling or knocking looking for the title and to take possession of it until it's paid in full....
Regardless, that isn't important here...
IT WAS ADVERTISED AS A CLEAR TITLE BIKE AND IT WAS NOT!!!
That is 100% in his favor in court...
The seller should know that he is still liable. If he has half a clue, that is why he's being nice to you. He is on the hook if you do your homework and push this until you are happy!
In Oregon it can I got one that was new I am doing estimate and possible repair on and it's within 1% of being totalled,just knocked off kickstand..
How much did you pay for the bike? What year is it? and how many miles? you'd be surprised, but although you didnt want a salvage rebuild you may not have paid alot considering. Here in ga it cost roughly 200 for a state inspection. I paid 6500 for an 07 with 5000 miles and runs great.
Each state is different. In Wisconsin the vehicle owner keeps the title even if it is financed. It is stamped with a lein and who holds the lein. Once the lein is paid off the lein holder provides you with a letter stating the lein has been satisfied. You are NOT required to get a new title removing the lein. The lein release is filed witht he DMV and when you sell the vehicle the new owner goes and titles it.I guess I should have been more clear since there is always a circumstance to just about ever rule....
Any financial institution that I have dealt with always REQUIRED me to send them the title if I had a loan on the vehicle. In many cases the DMV was even required to send it directly to the bank or credit union. Now some places have a rule once you have paid down a certain percentage of the loan, they will send you the title. So if you borrowed $10k and paid it down to $4k then they may send you the title. Maybe that is what happened here... ???
That would be a situation where it is void. Yes, if you get a personal cash loan and not a vehicle loan then they don't know what you are buying. Therefore you will get the title in hand...
Every vehicle I have bought new or used, required me getting a new title with my name on it which was then sent to the lender until the loan was paid in full. Once I paid off the vehicle THEN they sent me the title. If I still had a lean on it, then the new buyer would get the title from the financial institution. They would have the bike inspected, titled, and tagged in there name and THEN sent back the title to the lender.
Mistakes happen and they send the title to the wrong person sometimes but eventually the bank, lender, whoever will be calling or knocking looking for the title and to take possession of it until it's paid in full....
Regardless, that isn't important here...
IT WAS ADVERTISED AS A CLEAR TITLE BIKE AND IT WAS NOT!!!
That is 100% in his favor in court...
The seller should know that he is still liable. If he has half a clue, that is why he's being nice to you. He is on the hook if you do your homework and push this until you are happy!
Growing up in California the state held the title until the lein was satisfied.
So each state has different laws and rules.
Just like Concealed carry permits. There is NO CCP law in Wisconsin, But in Texas you can get one.
Hope this clears up any confusion as to whether he had a lein on this bike when he sold it.
Last edited:
AztecKanji
Registered
Hi Jonny,
Sorry to hear about your headache. I'm merely a newbie myself, but here's my .02 anyway. The whole lien and what he did with the money situation is moot. Absolutely does not matter. We could play with hypotheticals all day.
What does matter: you entered into an agreement with the seller, fulfilled your end of the deal and come to find out the bike was sold to you under false pretence. The seller did not disclose the faulty title history to u and did not disclose it in any of his ads. He can either owe u a fair difference in bike value between clean and salvaged, or a full refund and you will gladly return his bike.
I bought my 02 this year with 12k on it bone stock for $5300. You are def owed money any way you look at it. He sold you a rebuilt bike at Kelly blue book retail value! Blue book when I bought mine was 5600.
Good luck brother... i'd be gathering everything from the sale and what u have found so far, including his ads from CL n eBay. Keep every piece of paper u can on this just in case u have to slam dunk him in court.
.02 from a low post nobody....that's studying to get into law school as we speak.
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