Private sale

[Jmcknz11]

Jurisdiction

Tennessee

This is going to sound stupid
I sold my motorcycle to a guy with a sales agreement of a payment plan. The agreed price was 3500, but after only 1 payment of 200, I hardly heard from him, and he has moved from the address I had him at. I went to the police, they said that I need to find legal counsel. I just want to find the motorcycle, and press charges on the guy. Other than that, I still have the title, and I am still paying insurance on it. Insurance cant do anything about it, because I wasnt fully covered. What can I do?

 

[zddoodah]

I went to the police, they said that I need to find legal counsel. I just want to find the motorcycle, and press charges on the guy.

First of all, you can't press charges. Only the district attorney's office can do that. Second, there aren't any charges to be pressed because no crime was committed. The guy simply breached the contract to make payments to you.

As far as "find[ing] the motorcycle," did you transfer title to the buyer or is it still in your name (your statement that you have the title isn't clear)?

What can I do?

Among other things, you can sue the guy.

 

[army judge]

What can I do?

The world's oldest profession, and the world's second oldest profession BOTH follow a very simple rule: The "John" or the "addict" is required to fork over the cash before receiving the "service" or the "goods".

I suggest you apply that simple rule to anything you attempt to sell.

You aren't a bank, so carrying paper can be very risky.

Always get the cash up front in FULL, check it for being genuine paper of the realm versus "funny money", then sign over the title and hand over the keys.

Most people choose to consummate such vehicle sales transactions at the local office of the state's (or county's) vehicle licensing agency.

 

[mightymoose]

Was the motorcycle registered by the buyer?
If you find out where it is look in to having it repossessed.

 

[Tax Counsel]

What can I do?

He didn't steal it, you sold it to him. So there isn't anything the police can do for you. Since you retain title, you may be able to repossess the bike if you can find it and can do the repossession without a breach of the peace. You may also sue him for beach of contract.

Next time, don't play bank for a buyer you don't know. Either the person has the cash to buy it or he walks. If a buyer needs to borrow money, he can find a commercial lender, friend, or relative to do that. If none of them will finance him, that's a pretty big red flag to you that you shouldn't either.