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. [img]/images/graemlins/confused.gif[/img]

[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.