Purchased stolen ATV

[wallace7777]

Texas

Below is my story, I am attaching it from a forum becuase it is kind of long and it is already typed out.

The Story,

I found an ATV on craigslist, made an offer made arrangements to go look at it. Make it to the guys house and gave me a bill of sale and everything filled out on DMV paperwork. He tells me he doesn't have a title but has a bill of sale from the last person from 3 years ago(I will get back to this). I had no clue where the VIN is on an ATV, I have never owned one. Both my dirtbikes are on the head unit just like my Harley so I am think I will have to cooberate this later when I take it to the dealership for a complete once-over. I purchase the bike, take it straight to the Dealership and right off the bat they can't read the VIN(has been scratch out). We clean it off the best we can and piece the number together ran it by Yamaha website and it came up as with a different owner. I started questioning everything at that point. Get homecall the police, BOOM STOLEN!!!! Police come out, I give them everything I have on the guy and all the information I have and then the ATV. Guy that sold it to me is now sweating saying he and his friend has had it for 3 years, however, the bike was reported stolen 2 years ago yesterday.

The guy I bought it from tells the police he has only had it for 1 month, story already changing. He says his best friend has had it for 3 years and has maintenance records to prove he has had it since Feb 2006 yet it was reported stolen by the owner 11 months later. The policeman let me look at the report when he was in my driveway last night and the guy that reported it stolen says he last saw it 2 days before he reported it. AGAIN, someone is lying.

The police informs me the guy that sold it to me, by law, owes me a return of my money. If he does not pay me, he said by law I can civil sue him and he will be liable to me for three times the amount I paid plus fees. It will be made public record on his credit report and a lien will be placed on everything he owns till it is paid. He has a $400,000 house, $80,000 fountain boat and many other items. This is where I am at this point.

I contact the owner that reported is stolen last night and told him it has been found. After talking to him for a while, he tells me the bike isn't in the same shape as he remembers, doesn't want to take the 12 hour round trip to pick it up. He said because I was a nice guy and did the right thing, if the police tell him he gets it back he will send me the title and I can have the ATV. I AM COMPLETLY CONFUSED ABOUT THIS WHOLE THING!!!!!!!!

Why would he just give me the bike unless this is an insurance scam?!

The guy that sold it to me asked where the guy owns it lived so I tell him and he goes, "I know where that is, I have family there"! This seems really strange, 1.) what are the odds his family lives there 6 hours away 2) it is in a town not one person I have talked to has even heard of! Even the detective didn't have a clue this extremely small town was in the state. The detective even thought, as I, that he has family in that town.

I have provided 15 pages of emails, records, notes of conversations, bill of sale, DMV paperwork he filled in and misc other items... I stil have hard copies and electronic scans.

1. Do I take him to civil court or small claims?
2. Is this going to cost me more than the $3,500.0 I paid for it?
3. Am out already enough at this point I should just take it as a loss?
3. Will a lien on his assets get me my money back?
4. What are my chances?

Thanks for any and all help!!!!

Eric, Texas

 

[Rexlan]

Take the title and be happy with your purchase.

 

[racer72]

If the original owner was paid by an insurance company for his loss, the ATV belongs to the insurance company, not the original owner.

 

[wallace7777]

I was told by the original owner, his house insurance paid for the ATV and sent him a check he forwarded to the lien holder that then sent him a free and clear title. I really don't want the ATV back now as the VIN has been damaged and will come into question if I ever try to sell it or if a policeman or PWD officer ever looks at it to verify ownership. The have road blocks here in Texas during hunting season to watch for people taking ATVS to their hunting lands to hide them.

The seller also, had is company information in his signature and listed all of his businesses and website in his email coorespondence.

Can I use that as leverage to just get my money back? I don't even care about damages or making any money off of this situation, I just want my original purchase price returned... $3,500.00.

Thanks for any and all replies,

Eric

 

[Zigner]

I really don't want the ATV back now as the VIN has been damaged and will come into question if I ever try to sell it or if a policeman or PWD officer ever looks at it to verify ownership.

That was of no concern for you when you got a good deal on it...

 

[wallace7777]

Well actually I paid the going price for a 2004 ATV in this condition. As I stated in my original post, I have never had an ATV and wasn't sure where the VIN number is located. I have only had motorcycles and the VIN on motorcycles are on the head unit. I thought you had to remove the headlamp to read it so I took it straight to the Dealership to have it serviced and verify the VIN on their maintenance paperwork. I only had the ATV for 5 hours before this all came up and immediately called the police when I found all this out. They came and confiscated it with 2 hours after that.

 

[wallace7777]

Also, since he did not have legal ownership to sell the ATV, isn't his considered fraud on his part for selling it? I paid $3,500.00 for something he didn't legally own to sell.

 

[Rexlan]

If you have the title in hand you can probably title it and be done with it. However, it probably does belong to the insurance company.

It sound like the seller sold it to you unknowingly and that you were told there was no title prior to the purchase. You may have recourse against the seller but I believe you would need to enforce that in court if you can not come to an agreement. If it goes that route you will spend a lot of money, which you probably can not recover, and end up with nothing.

It does sound like a bad situation and the "right" thing to do is contact the insurance company, works out something with them and then keep the ATV. From that point you would have a provable damage (what it cost to clear up the title) and could then go to small claims against the original seller for recovery. Unfortunately this gets quite complicated because the original seller does not appear to have acted in bad faith. Maybe others have a different take on it.

Your new "feeling" about the transaction doe not really matter so long as you can get a good title in hand.

 

[wallace7777]

The problem I see is getting the title from the original owner only to have turn around and give to the insurance company. The towing and storage would have to be paid for at that time and I don't know that I want to risk more money in this transaction.

I have no feelings emotionally towards the ATV or the person that sold it to me, I have feelings as to what lies ahead in getting my money returned and if I pursue ownership of the ATV ... I just get a bad feeling of more frustration to come.