Unknowingly bought a "stolen" motorcycle in Utah

[lblanchard]

My husband purchased two old motorcycles last year from a couple that lives 10 minutes from our house. He found the bikes on KSL (local craiglist sort of forum). Yesterday a man called us saying that his wife (soon to be ex wife) sold those bikes with out his permission while they were separated, and he says he has legal documentation to prove it, and he wants the bikes back. He is not offering to give us any money for the bikes. I know that if you buy something that has been stolen normally you are just out of luck and have to return it and criminal charges can be brought against you. But I don't know if this is the same situation. To me if feels like a divorce battle that now we are stuck in the middle of. What should we do? Do we give the bikes back? Do we hold onto them until we are made to return them? There is not even a police report filed on the bikes. They are all registered in my husbands name, so to the state they have clear titles. I just don't know what to do.

 

[army judge]

My husband purchased two old motorcycles last year from a couple that lives 10 minutes from our house. He found the bikes on KSL (local craiglist sort of forum). Yesterday a man called us saying that his wife (soon to be ex wife) sold those bikes with out his permission while they were separated, and he says he has legal documentation to prove it, and he wants the bikes back. He is not offering to give us any money for the bikes. I know that if you buy something that has been stolen normally you are just out of luck and have to return it and criminal charges can be brought against you. But I don't know if this is the same situation. To me if feels like a divorce battle that now we are stuck in the middle of. What should we do? Do we give the bikes back? Do we hold onto them until we are made to return them? There is not even a police report filed on the bikes. They are all registered in my husbands name, so to the state they have clear titles. I just don't know what to do.

Contact the local police and ask them to see if the bikes are stolen.

If I were you, I'd never buy anything off those internet scam sites.

The bike you purchased may be sold over and over, while these people run this scam over and over.

Be careful.

Purchase items from legitimate merchants and avoid this issue and these creeps from invading your life.

Ask yourself, how did this creep find you?

Yeah, doesn't make sense does it?

 

[lblanchard]

Thank you so much for the response. Things just aren't adding up with this whole ordeal.

I should explain a few things, KSL is just a local site that we have bought many things from and never run into this problem. The man who called is a vintage bike collector and he found the bikes by running an internet search for his bikes, the motorcycle my husband has is only 1 of 10 in the USA (according to him his wife sold 8 of his collectors bikes) and my husband had posted his restoration of the bike on an internet motorcycle forum and the man found his phone number on there from a classified ad that he had posted.

We are contacted the police yesterday to let them know what is going on and they want to see all the documentation on the sale of the bike (which I keep everything so thankfully we still have the bill of sale) but they have also said that they will consider this a civil matter.

We just don't want to be taken to court for these bikes. The man who called us said that he has all legal documentation stating that his wife had no right to sell them and he is willing to provide all these and more to the police.

 

[army judge]

Thank you so much for the response. Things just aren't adding up with this whole ordeal.

I should explain a few things, KSL is just a local site that we have bought many things from and never run into this problem. The man who called is a vintage bike collector and he found the bikes by running an internet search for his bikes, the motorcycle my husband has is only 1 of 10 in the USA (according to him his wife sold 8 of his collectors bikes) and my husband had posted his restoration of the bike on an internet motorcycle forum and the man found his phone number on there from a classified ad that he had posted.

We are contacted the police yesterday to let them know what is going on and they want to see all the documentation on the sale of the bike (which I keep everything so thankfully we still have the bill of sale) but they have also said that they will consider this a civil matter.

We just don't want to be taken to court for these bikes. The man who called us said that he has all legal documentation stating that his wife had no right to sell them and he is willing to provide all these and more to the police.

You've started the correct procedure.
I can't say this creep won't try and sue you.
He may just be a "con" man trying to scare you.
He could be a husband that was wronged, but if your title is clear, his recourse is with his wife!
See what the police have to say, and do not allow him onto your property.
Do not communicate with him.
Make sure the bike is locked away in a secure building!

 

[fredrikklaw]

Purchaser in good faith!

IBLANCHARD:

It really gets my proverbial when I read or hear of people like you and your husband who are made to fret and worry over a perfectly legitimate and unequivocally legal transaction by a dimwit of a clown who sounds like is using the recovery of the bikes as compensation-by-proxy for the recovery of what was really taken by the wife during castration of this imbecile.

I agree with Army Judge in that you are doing, or have been forced to take steps to safeguard yourselves against any potential unpleasantness emanating from this imbecile, but do not go overboard with worry and end up wasting even more of your valuable time and energy over this matter because it does not warrant it in the slightest.

First and foremost, eject from your minds any trumped up notions that you have purchased a "stolen" property and do it post haste because it is not possible to steal from your spouse things that come under the heading of marital community property and were partly yours to begin with anyways; i.e. The lady had good title to the bikes. Now, let's just presume for the sake the proceedings that the lady who sold you the bikes had just ripped them off some Hell's Angels who were eating inside a rest stop diner and were as you put it, basically stolen goods, but, you are still none the wiser when purchasing them. In both scenarios, you and your husband were what the Uniform Commercial Code terms as "bona fide purchasers in good faith" and as such are now owners of good title to the bikes and have rights of possession to them as against the rest of the world. PERIOD!

The bikes are yours; you are the rightful owners; have good title to them; do not give them back or worry about being sued by this imbecile because he has no claims against you and no cause action has accrued here between you. This is all barks and no trousers, which the soon-to-be-ex-wife has been wearing all along.

And good for her if you ask me!

Relax and enjoy your toys.

fredrikklaw

 

[mightymoose]

Take some precaution to secure these bikes so that they don't disappear on you.
In fact, as you describe the situation, if this guy should come around and take the bikes back then HE would be the one stealing them.

 

[lblanchard]

Thank you all so much for your responses. I feel much better knowing my rights. I hate this whole situation and don't understand how people can be so evil. But sadly they are.