What to do if I bought a motorcycle and can’t get the title from the person I bought it from?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if I bought a motorcycle and can’t get the title from the person I bought it from?

He spent the money and didn’t pay off his loan on the bike.

Asked on December 19, 2012 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can sue the seller for, depending on the exact circumstances, one or more of the following:

1) Breach of contract--if he took your money but has not provided or done what he was supposed to do in return for it, then he has likely violated the agreement (whether written or oral/verbal) pursuant to which you were to buy the motorcycle.

2) Fraud--if he knowingly lied about what he could or would do.

3) Breach of the implied warranty of good faith and fair dealing--every contract (written or oral) comes with an obligation, imposed by law, to not try to deprive the other party of the "benefit of the bargain" or the "fruit" of the transaction.

Depending on th exact circumstances, you could seek a court order requiring him to pay off the loan and provide title, or that he return the money to you (and possibly provide additional compensation as well), or give you the bike and pay you enough that you could then pay off the title yourself, etc. You should consult with an attorney to explore your options.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption