Screwed Around or Normal Practice
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Cruiser
Joined: Jul 2012
Posts: 173
Likes: 0
From: Texas
I will take it. I can not show up at thier step today because they are quite a long ways from me and taking off work this week isnt an option, but the pressure is on and I will be calling the state to get thier recommended course of action and report the problem. For example, I need to find out how long the bill of sale is valid. The dealer knows what I expect to happen and the time frame I expect it to happen.
If I do not have title in hand by Saturday (when I can get over there), its going to be money back or lawyer time. I really dont have a choice to pursue it any quicker hands are tied there.
I could be nieve here but after talking with them, I do not believe they are trying to screw me. Instead I think they just have a terrible/shady policy that allows this type of transaction. I expect that 99 out of a 100 times they have done this it worked out fine for them and the buyer was none the wiser, but this time things moved too slow and they got caught.
A side note to this is this bike is my daily driver. That is the main reason I really want this to work out without having to give it back to them. There isnt anything about the bike that would be hard to replace. It is just a 2009 1200C. It had 900 miles on it when I got it and was bone stock.
If I do not have title in hand by Saturday (when I can get over there), its going to be money back or lawyer time. I really dont have a choice to pursue it any quicker hands are tied there.
I could be nieve here but after talking with them, I do not believe they are trying to screw me. Instead I think they just have a terrible/shady policy that allows this type of transaction. I expect that 99 out of a 100 times they have done this it worked out fine for them and the buyer was none the wiser, but this time things moved too slow and they got caught.
A side note to this is this bike is my daily driver. That is the main reason I really want this to work out without having to give it back to them. There isnt anything about the bike that would be hard to replace. It is just a 2009 1200C. It had 900 miles on it when I got it and was bone stock.
Last edited by Riven02; Aug 28, 2012 at 03:53 PM.
Road Warrior
Joined: Jul 2008
Posts: 1,426
Likes: 90
From: People's Republik of Kalifornia
I'm not 100% sure how it works where you're at but usually when a dealer takes a bike on consignment they have the current owner sign a limited power of attorney that allows them to act as the agent of the seller. That allows them to sign any paperwork necessary and pay off the lien and get the title. No way will a dealer send the money to the original owner and have him pay off the lien and secure the title. NO WAY
You need to contact the DMV Inspector, or what ever the office is where you're at, and have them go into the dealership with you. It isn't the original owner that is messing with you it's the dealership. Go. Go right now.
You need to contact the DMV Inspector, or what ever the office is where you're at, and have them go into the dealership with you. It isn't the original owner that is messing with you it's the dealership. Go. Go right now.
Sometimes if the dealer has a financial problem, he delays tranferring title to hang on to your cash as long as possible. This could apply in your case, and he hasn't yet paid the loan off. It happens more often when the car is "floored" ie financed by a bank. This is so because as soon as title passes they have to pay the bank immediately. By delaying the paperwork with DMV they can hang on a little longer without paying off their flooring loan.
Ultimate HDF Member
Joined: Aug 2012
Posts: 6,470
Likes: 4
From: on the road
My question is what difference whose name the title is in--------I haven't seen a TX title for years but you need to look at it if they assigned it to them selves(canam dealer) then yes it has to go to the state unless TX titles have 2 spots for transfer ----but even then that shouldn't be a issue-----------as far as the payoff of the original lien goes that isn't your responsibility unless you gave $50 for the thing and then have a payoff quoted in the contract/bill of sale.I truly see no issue on this myself just people dragging their feet
to the poster on the mechanics lien--------a mechanics lien takes first spot in all the states I know as well as a storage lien.In my state a advertisement stating it was abandoned for a period of so many days and it is posted in some sort of crummy little newspaper for so many days you can have either a sheriffs sale or storage sale with the amount of storage being what you paid for it------------------2 years ago a sportster here brought 175$ at a sheriffs sale to satisfy storage.It was a 2008 and that gave him a clear title on a bike that had a $14000 lien.go snuggle with a friend at a wrecker company and ask them a hypothetical question about this proceeding
to the poster on the mechanics lien--------a mechanics lien takes first spot in all the states I know as well as a storage lien.In my state a advertisement stating it was abandoned for a period of so many days and it is posted in some sort of crummy little newspaper for so many days you can have either a sheriffs sale or storage sale with the amount of storage being what you paid for it------------------2 years ago a sportster here brought 175$ at a sheriffs sale to satisfy storage.It was a 2008 and that gave him a clear title on a bike that had a $14000 lien.go snuggle with a friend at a wrecker company and ask them a hypothetical question about this proceeding
Extreme HDF Member
Joined: Jun 2011
Posts: 14,731
Likes: 2,536
From: Mountain Top, Alabama
I would get out of it, too much bad ju ju.
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From:
Selling dealer is probably floating money. Delaying payment of debt because of cash flow problems.
The first of the month is near and i would not be surprised if the title situation clears-up by Monday.
Consider calling (polite and professional), then faxing a letter (polite and professional) , email (polite and professional) also.In all three cases document that you have contacted them several times (date, time, individual, manner contacted) and that you will be showing-up in person on Saturday morning for the title at X-time. Call on Saturday before going and tell them you are coming..Documentation is important if things will be reported to the state or county..Remember Polite and professional since most judges and government folks do not appreciate profanity. If title is unavailable THEN inform them that you will be contacting the county and state on Monday morning.
You should get a call by Monday latest....i could be wrong but it does seem like they are floating money as mention by a few...payment of debt as late as possible and make everyone wait 30 to 60 days +.... probability of getting your money back for the bike is probably ZERO since they have poor cash flow and they would lose the sale(loss of sale means no money)....they will probably just payoff yours and make the next individual wait...loud voice gets payed first.
The first of the month is near and i would not be surprised if the title situation clears-up by Monday.
Consider calling (polite and professional), then faxing a letter (polite and professional) , email (polite and professional) also.In all three cases document that you have contacted them several times (date, time, individual, manner contacted) and that you will be showing-up in person on Saturday morning for the title at X-time. Call on Saturday before going and tell them you are coming..Documentation is important if things will be reported to the state or county..Remember Polite and professional since most judges and government folks do not appreciate profanity. If title is unavailable THEN inform them that you will be contacting the county and state on Monday morning.
You should get a call by Monday latest....i could be wrong but it does seem like they are floating money as mention by a few...payment of debt as late as possible and make everyone wait 30 to 60 days +.... probability of getting your money back for the bike is probably ZERO since they have poor cash flow and they would lose the sale(loss of sale means no money)....they will probably just payoff yours and make the next individual wait...loud voice gets payed first.
