What to do if I bought a motorcycle and can’t get the title from the person I bought it from?
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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 11 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.
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