Buddy Might Have Got Ripped Off
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Road Captain
Joined: Nov 2010
Posts: 530
Likes: 3
From: South Texas
Buddy Might Have Got Ripped Off
Buddy of mine bought a 2008 Night Train less than a year ago from an individual. The seller had a clear blue title. Buddy paid 12K Cash for it & got the bike transferred in to his name. So now the title is in his name. Well not too long ago his neighbor said a repo truck was at his house. The left a letter for him stating that they where there to repo the bike. He also got a letter from Harley Davidson stating that he needs to turn in the bike. Some how the original owner hadn't paid the bike off but they sent him a clear blue title still. My buddy has no problem turning in the bike but he wants his 12K back. Isn't this the lenders fault for sending the original owner the title even though the bike was not paid off? Is there anything my buddy can do?
Thanks!!!
Thanks!!!
Tourer
Joined: Mar 2009
Posts: 491
Likes: 2
From: Ewa Beach, HI
i think your buddy should talk to or hire a lawyer to see what his legal actions he can take. But yes you are right the financial institution shouldn't have sent the seller the title if it wasn't paid off.
Road Master
Joined: Nov 2010
Posts: 822
Likes: 1
From: Rhode Island
Your buddy needs to consult an attorney ASAP! The lienholder is gonna repo the bike and your buddys gonna have to take the seller to small claims court to get his Money back which is gonna cost him about 1800 in attorney cost and fees!!!! Ask me how I know!
.....Unless the seller hasn't spent any of the money and hands it back over which is not likely because he knew from the start that he didn't pay off the note!!
.....Unless the seller hasn't spent any of the money and hands it back over which is not likely because he knew from the start that he didn't pay off the note!!
Last edited by Jd Swiper; Oct 17, 2011 at 01:12 PM.
Road Master
Joined: Apr 2009
Posts: 1,205
Likes: 3
From: Mebane, NC
This is what I was thinking. If he has a signed bill of sale the financial burden should follow the original buyer, not the bike. If he didn't get a bill of sale it will be ugly but I can't imagine giving that much $$ without one. I get a bill of sale for simple craigslist items costing much much less.
Your buddy may have to sue the guy he purchased the bike from. A good lawyer is what he needs now. Either way, it's a mess.
Tourer
Joined: Jun 2008
Posts: 493
Likes: 6
From: Colorado
This is what I was thinking. If he has a signed bill of sale the financial burden should follow the original buyer, not the bike. If he didn't get a bill of sale it will be ugly but I can't imagine giving that much $$ without one. I get a bill of sale for simple craigslist items costing much much less.
Your buddy may have to sue the guy he purchased the bike from. A good lawyer is what he needs now. Either way, it's a mess.
Your buddy may have to sue the guy he purchased the bike from. A good lawyer is what he needs now. Either way, it's a mess.
Unfortunately in this case, I doubt suing the guy will do any good, if he ran with 12k, he must have been hurting for money, so he probably won't get much from the guy. Which really sucks, but good luck, I hope it works out for him.
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Intermediate
Joined: Oct 2011
Posts: 33
Likes: 0
From: Oklahoma
If your buddy has a clear title in his name, he has no problem. Harley finance is the one with a problem. They don't have a leg to stand on in this deal. He needs to contact an attorney and provide a copy of the title. Have the attorney send a letter to Harley finance telling them to kiss his @ss, go away and don't come back. Harley finance can pursue the other guy with their claim. They have no claim to the bike because they released their own lien...paul
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