Motorcycle private sell

L

Lamaster

New Member
Jurisdiction
Arizona
My husband and I sold our used motorcycle to a private party on Craigslist. The gentleman came to our home and paid cash for the bike. In the ad it clearly stated we didn't have a title for the bike and all issues were disclosed at time of sale. My husband even told him how to fix the issues and that they needed to be done as soon as possible to avoid any other issues. The buyer understood. Over a week later my husband gets a text from the gentleman stating that the motorcycle gas tank went up in flames while he was riding it and requested half his money back. What are our legal options? We wrote out a bill of sale for the motorcycle stating "as is" condition. Please advise. Thank you.
 
Disabled Vet said:
You don't have to return the money. It was sold as is....
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That is what I thought. The only reason why we sold it to begin with was because my husband is a disabled vet and can't ride anymore. I fear this guy is going to come back and not be so nice about the situation. We have kiddos, one of which is disabled as well. Just wanted to know what I can do legally. Thank you for your response
 
Lamaster said:
That is what I thought. The only reason why we sold it to begin with was because my husband is a disabled vet and can't ride anymore. I fear this guy is going to come back and not be so nice about the situation. We have kiddos, one of which is disabled as well. Just wanted to know what I can do legally. Thank you for your response
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If anyone comes onto your property that lacks your permission, call 911.

The police or sheriff are supposed to investigate and take action.

The law isn't proactive, its reactive.

You are correct to worry about an angry beats returning to take avenge a perceived threat to his life.

It isn't wise to invite anyone you don't know to your home to see him or her anything.

In the future, if you wish to sell something, do so at police, sheriff station, or designated safe selling space.

Safe selling areas exist in most towns across this country.

You should find out where they are near you, if you ever sell again.

It isn't wise to invite the fox into the hen house.
 
army judge said:
If anyone comes onto your property that lacks your permission, call 911.

The police or sheriff are supposed to investigate and take action.

The law isn't proactive, its reactive.

You are correct to worry about an angry beats returning to take avenge a perceived threat to his life.

It isn't wise to invite anyone you don't know to your home to see him or her anything.

In the future, if you wish to sell something, do so at police, sheriff station, or designated safe selling space.

Safe selling areas exist in most towns across this country.

You should find out where they are near you, if you ever sell again.

It isn't wise to invite the fox into the hen house.
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Completely understand and will do so on the future. But unfortunately what is done is done in regards to that part of the situation. We are not at fault for any damages that may have happened due to him not making the necessary repairs that were disclosed to him from the beginning, correct?
 
Lamaster said:
We are not at fault for any damages that may have happened due to him not making the necessary repairs that were disclosed to him from the beginning, correct?
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Legally, no, but a deranged, angered maniac isn't interested in the law.

I suggest your husband block his calls and texts, and cease all communication with the man.

If he does come rooting around your home, it would be advisable to call 911 ASAP.

For the next month, I'd also keep a very close eye on your babies and pets.

A crazed beast will seek release against easy targets.
 
army judge said:
Legally, no, but a deranged, angered maniac isn't interested in the law.

I suggest your husband block his calls and texts, and cease all communication with the man.

If he does come rooting around your home, it would be advisable to call 911 ASAP.

For the next month, I'd also keep a very close eye on your babies and pets.

A crazed beast will seek release against easy targets.
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Thank you for the advice. He's been blowing up my husband's phone since this morning. My husband is retired so we don't need to worry about that necessarily. He's an army disabled vet.
 
Ignore the calls or add them to an automatic rejection list so you never hear it ring.

I agree with the as-is sale and that you aren't obligated to refund anything, however I am concerned that you sold a vehicle you did not have the title for.

The fact that you did not provide title at the time of sale or sign a release for it could be a complication.
 
Lamaster said:
He's an army disabled vet.
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Yes, there are many disabled vets.
I am one, too.
That said, other than doubling my army retirement pay (because I was declared 100% disabled), being a disabled vet means very little.

As I often tell people, Uncle Sam paid me $73 a month (minus taxes and SS, but gave me FREE clothing, housing, and slop) when I first enlisted back in the black powder era. LOL
 
mightymoose said:
I am concerned that you sold a vehicle you did not have the title for.

The fact that you did not provide title at the time of sale or sign a release for it could be a complication.
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Not a big one, though. AZ allows for the posting of a bond to get title so the worst that can happen is OP would have to pay the buyer the cost of the bond.

Shouldn't have anything to do with the as is sale with regards to the condition of the bike.
 
adjusterjack said:
Not a big one, though. AZ allows for the posting of a bond to get title so the worst that can happen is OP would have to pay the buyer the cost of the bond.

Shouldn't have anything to do with the as is sale with regards to the condition of the bike.
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Spot on, in my view.

All i can add is the buyer bought the vehicle despite no title and even coughed up all the cash demanded at the time of sale, choosing to accept a bill of sale in lieu of the title.
 
"choosing to accept a bill of sale in lieu of the title" I'm not so sure that this will get you off the hook. You will just have to wait and see if the issue comes up I guess.
 
txls said:
"choosing to accept a bill of sale in lieu of the title" I'm not so sure that this will get you off the hook
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I think it does. Arizona's Title 28 Chapter 7 addresses titles and registration. There is no penalty in Arizona for buying or selling a car without a title. In fact, Arizona expressly allows for situations where there is no title by allowing the posting of a bond to get title (ARS 28-2057) and, with proper documentation of ownership other than a title, may even issue a title without a bond.

2017 Arizona Revised Statutes :: Title 28 - Transportation :: § 28-2057 Registration without certificate of title or bond; receipt; fee

OP disclosed the lack of title and buyer accepted the vehicle without title. Therefore there is no title issue in the matter.

And now that I have taken a closer look at the statute I withdraw my comment that OP would have to pay for the buyer's bond. He wouldn't.
 
Lamaster said:
Over a week later my husband gets a text from the gentleman stating that the motorcycle gas tank went up in flames while he was riding it and requested half his money back. What are our legal options?
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Ummm...either agree to the demand or decline it or offer something different. Did you really not know that?

Lamaster said:
We are not at fault for any damages that may have happened due to him not making the necessary repairs that were disclosed to him from the beginning, correct?
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"As is" means exactly that.
 

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