Please Read This-advice?

Charkly

Registered User
Ok guys-heres the deal. A short while ago, I sold my bike (crotchrocket) to a friend I had known for a while. It needed work,so I allowed him to take it with the understanding that it could not be ridden, and he wasn't going to get the title until it was paid off. He agreed, along with a payment plan. attached is a copy of the contract he signed. It states that he would take full responsibility for any problems arising from his use of the vehicle, and that if he broke the contract I could take action at my own discretion. Well, after giving me roughly $1100, and being late several times, he informs me hat hes been riding the bike, and that day had been pulled over and given a pile of tickets. NOW HERES WHERE THE PROBLEM LIES! Since I held the title of the bike, I recieved tickets too for allowing him to ride it. The bike got impounded, and he got arrested. I got tickets for: permitting no insurance, and permitting no license. I then negotiated the pickup of th bike, paid the towing fee, paid the storage fee, and took the bike. I told him, and he agreed that he basically screwed me over, as he wasnt given permission to ride the bike. At the time he tok it, the tires were shot, and so were the brakes, so I gave it to him thinking it was unridable, so I was safe. I stated that the money he gave mehad been used for fines, impound fees, and soon to be a awyer, and that since he broke the contract, I took action at my discretion-which as it were was to resell what was left of the bike to attempt to recoup some of the money i lost. He trashed the bike-it was beat to hell-bad forks, sprocket, chain, rotors, tires, windshield, cracked fairings-etc. I sold it and paid off the loan. THIS IS WHERE THE PLOT THICKENS! I had a lien on the bike, and I never put the bike on the road. Along with this, the bike till had the plate from the previous owner on it, which was at this point reported stolen. So I say-Oh god-I'm dead. Now, on top of that, the kid wants his money back, me to pay all the fines for allowing him to ride it, as well as all the fees. I have witnesses who signed the contract with us, and we are both over 18. I also have witnesses who can confirm the bike wasn't safe to ride, and that I never gave him permission to operate it. I didn't know, or condone his opeation of the vehicle. Also, there giving me trouble because there was a lien on it and I sold it before satisfying it(all good now), for stealing a plate(didnt happen-previous owner allowed me to take it), and not having it in my name. My thinking is that since i never filled out the title, and the loans in my moms name, I never legally owned it, so he wasnt given permission to ride it-what do you guys think-are any of you lawyers-lol, If so, what should i do-Ill post a reply which contains the contract. It was signed, dated, and signed by witnesses-let me know what you think, and wish me luck-Mike.
 
contract

Heres the contract we both signed-he clearly didn't live up to his end, so I thought my reselling the vehicle was justified-let me knwo what you guys think. also, his name is partialy deleted out of respect. Not that hes giving me any.
 
First of all your "contract" did not show up, so I can't read the details. Nonetheless, my advice to you is to get out of this situation with as little damage to yourself as possible. This is an expensive lesson no doubt, but I hope you learned something.

I find it incredible that anyone would get into such a ridiculous situation. I can't believe your parents let you get into such a deal.

Essentially when you let him take the bike, it was all over from there. Now you are in a situation of damage control. In other words, resolve your legal issues with the plates and the lien and walk away from the whole thing.

As far as him suing you for what he paid, he doesn't have a leg to stand on.

I'm not a lawyer, but I've been around the block a couple times. ;)
 
good

I'm not worried about the tickets-I'm more worried about the suing part-as for the plate-I plan to talk to the previous owner, andthe lien is paid off-I'm 19, and paid for the bike myself, just didnt have the credit to get it-thats where mom came in. Hindsight is always 20/20, you always think you can trust your friends. Live and learn-heres the contract. Thanks for the reassurance, I didn't think he had any grounds to sue me, but he claims the judge is telling him to do it. Ill keep you all posted, and will respond to all.

Sellers agreement in regards to:

Vehicle: 1996 Yamaha YZF 600.
Mileage: 15,xxx.
Color: Blue
Vin: JYA4NAE04TA005150

I, Mike Oefelein, hereby sell C***** D***** one 1996 YZF 600 with the following conditions. 1. Vehicle is sold as is, for the amount of $2200.00. 2. Down payment of $560.00 received by myself on May 18, 2003. 3. Remainder of $1,650.00 to be paid in weekly installments of at least $250 with the first payment beginning on 5/25/03. 4. The title will be held by myself, Mike Oefelein, until the above conditions are satisfied. 5. As long as the fore-mentioned conditions are met, the vehicle will stay in the possession of C***** D*****, under the ownership of Mike Oefelein until said conditions are met. 6. Failure to comply will result in action at the discretion of the seller. At the time the above conditions are met, title and ownership of the above-mentioned vehicle, Vin: JYA4NAE04TA005150, mileage of 15,xxx will be transferred to C***** D*****. Should the above mentioned vehicle be involved in any accidents or other events causing loss of the vehicle or personal damage, All responsibility’s will be assumed by C***** D*****, and payments are still to be made according to the agreed upon terms.
Signature of Seller:

Mike Oefelein


Signature of Buyer:

C***** D*****


Signature of Witness:


Date: 5/18/03
 
That's a pretty bad contract. I don't know if it would even stick as I am not sure it is really enforceable. It states that you sold the bike to him, but you are retaining ownership. I don't know if that is a valid contract.

Nonetheless, the most he could sue for is any amount that you recieved that is in excess of the original sale price + legal costs. (impound and tickets, etc.) If you can prove that he did not keep up with the purchase agreement, then you have no obligation to him.

Now how was this SC related again? :confused: :)
 
If you didn't give him receipts for payments, it was basically free money to you, as long as he paid in cash.

It's more him having to prove that he paid you the money after you simply say that he did not.

No receipts, carbon copies, etc.. = no payment.

You should have had the document written by a lawyer in the first place.

You should have had the document notorized by the courthouse, if in your moms name, it should have been her and the buyer who went in to get it notorized. Your name shouldn't have been anywhere on the document, assuming it is in your moms name.

Dave is right, hard to beleive your parents would allow you to get into such a situation.

Good luck.

Oh, talk to your lawyer before you talk to the cops, if possible. A lawyer won't want to represent you if you already screwed yourself by what you told the cops. And don't lie to your lawyer, he'll look bad, you'll look bad, and you'll both lose.
 
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