Sold bike title never transferred

[rjones91]

So I sold my Ninjette about 2yrs ago. Either gave the guy a bill of sale or signed over title (can't remember which). But he never got the title switched over in his name. Got a notice in the mail that the bike was towed in November 2014. Can't locate the guy I sold it to.... Any ideas. Tow company says I can show ID, pay the fees and possibly retrieve the bike. Apparently the bike is still in my name

[csmith12]

Lol... go get it before it racks up to many fees. Do your best to get ahold of the buyer... after you have done the right thing, the bike is yours or you have done a good deed. If the buyer returns, then get your $$ for the tow/lot fee before releasing the bike. After all... by law it's still yours.

EDIT: Say the buyer returns for the bike, after riding around on your name for long enough... It's about time you do a check at the 30-60 day mark at the DMV. If records show it's still in your name, junk it, tell the clerk you sold it and they will remove it from your account/responsibility or report it stolen... your call. Bottom line, the buyer is taking advantage of you. effin' 2yrs.... common.

[rjones91]

Thanks. I will stop by the DMV on Monday and explain the situation.

[spooph]

After having done due diligence in trying to contact the buyer and get the bike back to him/her... Pick up the bike, apply for a new title and sell it again!

[cadd]

Originally Posted by spooph

After having done due diligence in trying to contact the buyer and get the bike back to him/her... Pick up the bike, apply for a new title and sell it again!

To the same guy!!!

[Hero Danny]

Lol! I have to agree with the others. I'd retrieve the bike and then try to contact the guy, sit on it for 30 days and if he doesn't come back, apply for a new title and sell it again. Losers weepers.

[Alex]

Depends how savvy the buyer is/was. If you retrieve the bike, try and claim it as your as if nothing was wrong, and then he sues you or contacts the police while holding a signed bill of sale, you could be on the hook for more than you bargained for. It was no longer your bike when you sold it, regardless of the registration.

Odds are though, if they never took the time to transfer reg, and haven't done anything to get it out of impound, you're not dealing with somebody of great intellect or financial wherewithal, so perhaps we shouldn't give them that much credit.

[MrAtom]

LEGALLY, you still own it.

ETHICALLY, you took money for it and don't own it.

[csmith12]

Naw.... Atom. Alex is right, a bill of sale is a legal binding contract. If that bill of sale has a date on it though in this case, a judge will laugh the buyer out of the courtroom. Again 2yrs... lol FL is not CA.

[MrAtom]

Interesting. In either case, I wouldn't feel right about double dipping.

[tfkrocks]

Complete release of liability if you haven't done it. Keep a copy of it in case something like this pops up again. Leave the bike. It's not really yours to claim and I wouldn't take that risk.

[corksil]

I have flipped a fair few cars in the past.

If you sign off on the title, and the new owner never properly completes the registration process -- you can technically be liable for their parking violations.

If the vehicle is involved in a crime WITH an operator present (Ie, speeding ticket) -- the ticket goes onto the record of the operator. Case in point -- borrow a car, get speeding ticket -- it's your ticket. Not the owner of the car.

If the vehicle is involved in a crime WITHOUT an operator present (Ie, parking violation, blocking a hydrant, or in a worst case scenario -- parked blocking a service vehicle rendering aid (ambulance, fire truck, etc) -- the ticket belongs to whomever the vehicle is registered to.

It's up to good faith of the judge to clear this second situation up. At judge discretion, the ticket can be transferred to the 'operator' of the vehicle if probable cause is determined. Probable cause being your ability to build a case that you should not be fiscally liable for the fine.

Example -- you transfer title, new owner never registers, tags expire, vehicle gets ticket in parking lot for expired tags -- it's up to the judge to decide who is liable for payment.

Didn't read the thread, just stating the obvious if no one else has thus far.

[sh123469]

I don't know how it is whre you are. But, in SC, as it was explained to me, a bill of sale is a receipt for a transfer of funds. A properly assigned title is documentation of sale of the vehicle and transfer of title whoever the new owner is.

If you just gave him a bill of sale in SC, he could never register the vehicle. It requires a properly assigned/transferred title.

He could pop up at any time if you signed the title and say it was stolen. You're there with the bike. He has properly assigned title. The earliest (A) title wins out over the (B) title. Any time you file for a lost title, it gets the letter incremented. In that case, (he has the A title) you are in posession of stolen property.

You were probably required by your state law to notify DMV by letter of transfer of title within a certain amount of time. If you did, DMV knnows its ownership status is in limbo. If you didn't, you could be liable for any charges/fines the vehicle has incurred since that time since you are still the owner of record.

I had this happen with a car one time. The car was sold to a dealership as a trade-in. He sold it to someone who never registered it...two years later, I get a call saying that 'my' car has been found abandoned and is about to be towed if I don't come get it and I would be charged towing and storage fees.
I took over the paperwork from the car dealer showing that I had traded that car and when. They said that the dealership would then get the charges and fined for not following the law about titling vehicles they were selling since I was able to prove that I had sold the vehicle. They also told me about the requirement that I notify DMV when I sell a vehicle and that this is to protect me more than anything since they have been notified I no longer own or possess the vehicle. Turns out the guy that got the car was a career criminal and had been arrested and jailed again. So, the car was left where he parked it. at the end of a deserted road where he'd been living in it. I assume it was towed and probably sold at the police auction.

Always make sure to CYA when you sell a vehicle just so something doesn't come back and bite you.

[rjones91]

Thanks everyone. I am just going to pay the DMV a visit and weigh my options.

[spooph]

After further thought on this, if you decide to take it back, you could always donate it to an organization, like a training facility, or as a raffle bike, or whatever... I get the double dipping ethical issue, but taking a bad situation and turning it into a good one might be the better option...

[DEFY]

Get the title dropped from your name. You sold the bike, it doesn't belong to you regardless. The correct vs what legally you can do are different things. The problem with laws and rules are they have grey areas and no matter what they never cover everything in them. Just remove your name, perhaps call the tow yard and tell them that the bike was not suppose to be in your name and see if you can get the fees and responsibility removed from against you, after all businesses have to abide and follow the rules and laws. You might be able to make a police report about it being a lost and found item and then after 30 days it would legally belong to you if never claimed.

[agentbad]

If he's left the bike for that long I doubt he's coming back for it. If you want to keep things honest try to contact the old seller and see if he still wants it. Otherwise pay the fee, fix it up, and sell it again. How much does the tow company want for it?

[JohnnyBravo]

Easiest thing to do is nothing, but you could call the tow folks and tell them you sold it... They will hold it then take claim of it and sale it off with all the other unclaimed property.

[Daks]

The bike is not yours. Say you get it and then the guy completes the transfer after. Now you've stolen his bike that he paid for.

Go to the DMV, tell them you sold it. Idk how it works in your state but in CA you need a release of liability/notice of transfer as well as a bill of sale or you're gonna have a fight on your hands.

[csmith12]

So.... Lemme hear ya'lls.

Bike was sold 2yrs ago and never transferred /fail
Bike was towed 6mons ago /fail

Go get your bike for storage fees, pray that it is worth something or wipe your hands because the fees are more than the value of the bike.

I am all for doing the right thing and all, but the buyer has taken advantage of you enough. NOW, the right thing to do is.... protect yourself. You can go to the DMV and get the bike off your record or go get the bike. Bottom line is, it's still legally yours and if the buyer cannot produce a bill of sale, it's his loss for putting you at some amount of liable risk for that length of time.

Just an old KY man's point of view. Doing the right thing is sometimes a 2 way street.

EDIT: How in the hell did this guy get legal registration and tags for that long?!?!?!?!?

[Ducati999]

Originally Posted by csmith12

So.... Lemme hear ya'lls.

Bike was sold 2yrs ago and never transferred /fail
Bike was towed 6mons ago /fail

Go get your bike for storage fees, pray that it is worth something or wipe your hands because the fees are more than the value of the bike.

I am all for doing the right thing and all, but the buyer has taken advantage of you enough. NOW, the right thing to do is.... protect yourself. You can go to the DMV and get the bike off your record or go get the bike. Bottom line is, it's still legally yours and if the buyer cannot produce a bill of sale, it's his loss for putting you at some amount of liable risk for that length of time.

Just an old KY man's point of view. Doing the right thing is sometimes a 2 way street.

EDIT: How in the hell did this guy get legal registration and tags for that long?!?!?!?!?

I have to agree with Chris here. If this guy was at all interested in the bike he A: would have registered it in the last 2 years and B: would not have let it sit-he must not have even contacted the tow company, police or impound yard-for 6 months. I would bet all the original sale paperwork (bill of sale and Title) are under the seat! I would bet he was riding it unregistered and kept the papers under the seat to prove he owned it if he ever got caught!

I believe in doing the right thing but 2 years + 6 months changes things a bit

[jkv45]

Unless you know the laws and procedures in your state, you need to talk to the DMV and see exactly what your options are - legally.

[verboten1]

Let it go to auction and forget about it.