OOT investigation team mount up! (legal advice)

[SomethingClever]

Ok, so about a month ago I bought a used motorcycle from a guy on Craigslist.

It was a little sketchy, as he didn't have the title on him, but the bike was cheap ($400) and I took a risk.

Well, it's obviously been a month, and he hasn't sent me the title yet. He lives about an hour away. The bike doesn't even have license plates on it, so I can't really drive it anywhere.

I have talked to him several times and emailed back and forth as I've been waiting for him to send the title. He says it's his friend's bike who lives a few blocks away (which is also what he told me when I bought the bike).

His excuse for not having the title already is that the guy works long hours and is rarely home. He says he keeps stopping by to try to catch him but he's never there. And he says he doesn't have the guy's phone number because he literally lives two blocks away.

Now, I would have already asked for my money back and returned the bike, except for one problem: I already had $300 of work done on it.

So I'm pretty much at a loss for what to do.

I can apply for a new title, but it's a very convoluted process that can take well over 90 days. I've already checked the VIN with the DMV, and they said there are no liens or anything else weird with the bike, so I'm pretty sure it's not stolen or anything. Also, he has continued to answer my calls and (for the most part) reply to my emails. I think he would just brush me off if he was scamming me.

Should I contact a lawyer? If the title exists and his friend actually has it, it would be much faster for me to get it. But I can't seem to motivate this guy enough to track down his friend. Would a letter from a lawyer do the trick?

Oh yeah, I have a bill of sale from him to me that he signed, but the DMV says because the title isn't in his name, it won't help me any.

[Shajen]

Need more info:

Do you need this bike to drive on a daily basis or is this you just wanting the title?

Also:

It really takes 90 days for them to get you a new title?

Damn, the DMV sucks everywhere. That is what my vision of hell is.

A DMV line where my number never gets called.

[SomethingClever]

I have two cars right now, so I don't need it for a daily ride. However, I would really like to start getting 45+ MPG for obvious reasons.

Here's how the 90 days thing works:

You fill out a form that requests the name(s) of the people on the title.

Then you send those people a certified letter with a form for them to fill out and a blank bill of sale.

If they fill it out and return it to you, you're good to go.

If they don't, or if they don't reply at all, then you inform the DMV and the whole thing goes into a 90-day review period.

Then I guess you get your title. /images/graemlins/confused.gif

[Shajen]

Tell dude to get the guy's phone number. Then you call the guy and find a time to meet him/have him mail it to you.

If they don't, then maybe you talk about getting a lawyer while you're on the phone with them.

You know, I hate having to bug you like this all the time, but I really need the title, I'd hate to have to use legal action to get it, blah blah blah.

That 90 days thing sucks much ass. Through a straw with a hole in it.

[hyde]

You might mention in the nicest way possible that the DMV suggested his name on a bill of sale to you is fairly damning evidence that he has sold you a stolen bike......

[SomethingClever]

[ QUOTE ]
Tell dude to get the guy's phone number. Then you call the guy and find a time to meet him/have him mail it to you.


[/ QUOTE ]

This is what I tried to do, but he said he doesn't have the number.

I don't know how he would get it, except by meeting him in person, at which time he might as well be getting the title as well! Maybe I can force him to give me a name.

It's tough, because I do believe the guy might be lazy and inconsiderate enough to be telling the truth, but I'm just not sure.

[Shajen]

Yeah, he's putting you in a spot man.

Is it close enough to where you live that you can go by the guy who has the title's house and leave him a note or something?

Otherwise you are running out of "nice guy" options.

[SomethingClever]

It's at least an hour each way, so, no dice.

I agree, I am basically out of nice guy options. I'm looking for something maybe not so nice that will give me the best chance of getting the title.

Any lawyers on here have an idea?

[peachy]

yes a letter for a lawyer would help if ur willing to pay a little bit to get this or do some legal research and write a letter to him urself and keep a copy for u. U have to get the title one way or another

ask him to leave a note at SAID guys house saying to leave him the title or place the title in his mail box or drop it in the mail to u....obviously this is fairly simple and depending on how long its been and the money u put in the bike id take a slightly legal push

[touchfaith]

Keep all the emails and original auction ad as proof he accepted responsibility for obtaining the title (which of course is obvious that he did, but keep the proof).

Go through the DMV process and pay the fees.

Sue him in small claims if you are bored.

Just get some fancy letterhead, make up some names, and basically pretend to be a law firm. Then you save on the legal fees.

There are plenty of examples of lawerly letters on the internet for you to peruse.

[BusterStacks]

[ QUOTE ]
Just get some fancy letterhead, make up some names, and basically pretend to be a law firm.

[/ QUOTE ]

This works very effectively. What I like to do is the follow-up letter telling him you aren't really a law firm after he does what you want. Also include some anthrax.

[SomethingClever]

Here's another weird wrinkle to the story that I thought you guys might appreciate.

So, when I was buying the bike, I spent about an hour checking it out, driving it around the block, hemming and hawing, etc.

I finally decide to buy it, we get the thing loaded in my truck, and the guy starts talking about how hot it is outside and how he's sorry he doesn't have a beer to offer us.

He goes on to say... "Yep... it's so hot it reminds me of Vegas, back when I used to be a professional poker player."

He then starts talking about Stuey Ungar and how he was "partners" with him.

I hadn't brought up poker at all and was considering grilling him a little more closely, but I was already running late, so I just smiled and kept nodding and eventually got the hell out of there.

??????????????????????????

[BusterStacks]

heh, how about when he used to smoke crack? oh wait, that was today. Partners with Ungar huh? Pssssh

[SomethingClever]

[ QUOTE ]
heh, how about when he used to smoke crack? oh wait, that was today. Partners with Ungar huh? Pssssh

[/ QUOTE ]

I know... I almost said, "Look, you idiot, I have over 4,000 posts on a poker related website, you think I'm letting that [censored] fly? Bullshit."

[OtisTheMarsupial]

dude, go to the DMV and tell them you bought a bike and the guy lost the title. The DMV will run the VIN and if it's legit they will tell you what to do. If not, you give up the bike.

Stand up and be a man. If you bought a stolen bike, pony up and help get it back to rightful owners. Consider the money spent improving it sunk costs.

Seriously, you did a bit of a [censored] up thing and this is your chance to be a decent human being again. TAKE IT.

[Sponger15SB]

[ QUOTE ]
Seriously, you did a bit of a [censored] up thing and this is your chance to be a decent human being again. TAKE IT.

[/ QUOTE ]

Uh, I think you're taking this way too far.

[tonypaladino]

[ QUOTE ]

I know... I almost said, "Look, you idiot, I have over 4,000 posts on a poker related website, you think I'm letting that [censored] fly? Bullshit."

[/ QUOTE ]

Yeah, whenever anyone gets really full of themselves, I tell them what a big shot I am on the internet, shut's their asses up.

[LBJ]

[ QUOTE ]
[ QUOTE ]

I know... I almost said, "Look, you idiot, I have over 4,000 posts on a poker related website, you think I'm letting that [censored] fly? Bullshit."

[/ QUOTE ]

Yeah, whenever anyone gets really full of themselves, I tell them what a big shot I am on the internet, shut's their asses up.

[/ QUOTE ]

Don't be an idiot. OP hasn't mentioned poker. The guy selling the bike is obviously rambling on about some false story of chilling with Stu Ungar, and if the OP would tell the seller he's involved with poker in as much as 4000 posts on a huge poker forum, he'd shut him up.

[Oski]

[ QUOTE ]
[ QUOTE ]
heh, how about when he used to smoke crack? oh wait, that was today. Partners with Ungar huh? Pssssh

[/ QUOTE ]

I know... I almost said, "Look, you idiot, I have over 4,000 posts on a poker related website, you think I'm letting that [censored] fly? Bullshit."

[/ QUOTE ]

Meanwhile, you are loading a bike into your truck that you just paid for and didn't get the title. I guess you were so satisfied about how dumb his poker story was, that you decided to put an extra three bills into the bike, thus creating the current cluster-frig.

[SomethingClever]

[ QUOTE ]
dude, go to the DMV and tell them you bought a bike and the guy lost the title. The DMV will run the VIN and if it's legit they will tell you what to do. If not, you give up the bike.

Stand up and be a man. If you bought a stolen bike, pony up and help get it back to rightful owners. Consider the money spent improving it sunk costs.

Seriously, you did a bit of a [censored] up thing and this is your chance to be a decent human being again. TAKE IT.

[/ QUOTE ]

lol. I checked long ago to see if it was stolen. The first thing I did was call the DMV, noob.

Progress update: I sent the DMV a notarized affadavit "to establish financial interest in a vehicle."

I got the owners names and addresses on record and have been trying to contact them.

In the meantime, the guy who sold me the bike did eventually send me another bill of sale (I already have one from him) from his neighbor. Another name... not on the title. /images/graemlins/confused.gif

The bike has not been legitimately titled since 2001.

[SomethingClever]

[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
heh, how about when he used to smoke crack? oh wait, that was today. Partners with Ungar huh? Pssssh

[/ QUOTE ]

I know... I almost said, "Look, you idiot, I have over 4,000 posts on a poker related website, you think I'm letting that [censored] fly? Bullshit."

[/ QUOTE ]

Meanwhile, you are loading a bike into your truck that you just paid for and didn't get the title. I guess you were so satisfied about how dumb his poker story was, that you decided to put an extra three bills into the bike, thus creating the current cluster-frig.

[/ QUOTE ]

1) I was joking.

2) Yes, buying this bike was dumb without getting a title. It was a gamble. But, $700 is hardly going to break me.

[Oski]

[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
heh, how about when he used to smoke crack? oh wait, that was today. Partners with Ungar huh? Pssssh

[/ QUOTE ]

I know... I almost said, "Look, you idiot, I have over 4,000 posts on a poker related website, you think I'm letting that [censored] fly? Bullshit."

[/ QUOTE ]

Meanwhile, you are loading a bike into your truck that you just paid for and didn't get the title. I guess you were so satisfied about how dumb his poker story was, that you decided to put an extra three bills into the bike, thus creating the current cluster-frig.

[/ QUOTE ]

1) I was joking.

2) Yes, buying this bike was dumb without getting a title. It was a gamble. But, $700 is hardly going to break me.

[/ QUOTE ]

Actually, it is not much of a gamble at all. It seems you have a handle on getting the title, its just going to take some time to get it. Since you are a bona-fide, third-party purchaser, you have rights as well. Therefore, you will not lose the money you put into the bike or the money you paid for it.

I wasn't being malicious, by the way ... I was just adding to the funny scenario you were setting up.