What is the name of your state (only U.S. law)? New York
Hi All,
I won an auction from a seller of a motorcycle on eBay. The ad said he had clean and clear title and that there was no rust in the gas tank. Although it did need some repairs so couldn't start it. I go to his house to conduct the transaction and he shows me a title with someone else's name on it and a bill of sale signed supposedly by the guy who's name was on the title. This was obviously a total surprise seeing as his listing said he had clean and clear title. According to the seller, the person on the title gave it to him as a gift and he didn't bother going through the DMV paperwork process to title it under his name. Apparently he was going to rebuild it but decided to sell after a period of time. The title was signed on the back by the true owner (probably at the time he gifted it to my seller), but no signature in the buyer's section. So I believed the story. The seller said that since the bill of sale was drafted and signed by the true owner and the true owner signed the back of the title that I shouldn't have an issue registering it. However, I never met the true owner so never saw him sign anything. Anyway, being a bit naive I hand over the balance in cash and take the bike home. I discover rust in the tank. Try filling with gas. Spills out of the carbs all over the road. Obviously the bike is in serious disrepair. I finally come to my senses and head over to the DMV. The DMV says no way!!!! You can't jump title to another person in New York State. I contact seller and tell him I don't like how the deal is going and want to return the bike and get a full refund. I said the DMV says you need to title it in your name for $50 and then you can transfer ownership. I basically gave hundreds of dollars to some guy for a bike he never technically owned and had no right to sell. My judgment was clouded by the fact that I wanted the bike and was excited to get a new toy. Anyway, I have a buddy trailer the bike back that day. (This all happened within a 5 hour time span). The seller was surprised the DMV would not let me register. I think he was assuming I wouldn't tell the DMV the story about the bike being first gifted to the guy. The seller was a bit upset but I said look, you are responsible for handling the title situation before anyone else can register it. So, if I can't register it there's no point in me having the bike. Plus, the bike has rust in the tank and the listing said no rust.
He gave me back my cash and took the bike. He said he's going to get it titled in his name. I'm guessing this whole transaction went bad based on poor judgment from both seller and buyer.
I'm curious to know what would have happened to me legally in the event the DMV went through with my registration. Any thoughts?
I think the seller was trying to avoid paying titling fees and trying to avoid the DMV in general. Maybe something in his past he doesn't want them to know about.
Anyway, would you say I handled the situation properly by returning the bike and getting my money back?
Does the seller have any legal recourse against me at this point?
Thank you!!!
Hi All,
I won an auction from a seller of a motorcycle on eBay. The ad said he had clean and clear title and that there was no rust in the gas tank. Although it did need some repairs so couldn't start it. I go to his house to conduct the transaction and he shows me a title with someone else's name on it and a bill of sale signed supposedly by the guy who's name was on the title. This was obviously a total surprise seeing as his listing said he had clean and clear title. According to the seller, the person on the title gave it to him as a gift and he didn't bother going through the DMV paperwork process to title it under his name. Apparently he was going to rebuild it but decided to sell after a period of time. The title was signed on the back by the true owner (probably at the time he gifted it to my seller), but no signature in the buyer's section. So I believed the story. The seller said that since the bill of sale was drafted and signed by the true owner and the true owner signed the back of the title that I shouldn't have an issue registering it. However, I never met the true owner so never saw him sign anything. Anyway, being a bit naive I hand over the balance in cash and take the bike home. I discover rust in the tank. Try filling with gas. Spills out of the carbs all over the road. Obviously the bike is in serious disrepair. I finally come to my senses and head over to the DMV. The DMV says no way!!!! You can't jump title to another person in New York State. I contact seller and tell him I don't like how the deal is going and want to return the bike and get a full refund. I said the DMV says you need to title it in your name for $50 and then you can transfer ownership. I basically gave hundreds of dollars to some guy for a bike he never technically owned and had no right to sell. My judgment was clouded by the fact that I wanted the bike and was excited to get a new toy. Anyway, I have a buddy trailer the bike back that day. (This all happened within a 5 hour time span). The seller was surprised the DMV would not let me register. I think he was assuming I wouldn't tell the DMV the story about the bike being first gifted to the guy. The seller was a bit upset but I said look, you are responsible for handling the title situation before anyone else can register it. So, if I can't register it there's no point in me having the bike. Plus, the bike has rust in the tank and the listing said no rust.
He gave me back my cash and took the bike. He said he's going to get it titled in his name. I'm guessing this whole transaction went bad based on poor judgment from both seller and buyer.
I'm curious to know what would have happened to me legally in the event the DMV went through with my registration. Any thoughts?
I think the seller was trying to avoid paying titling fees and trying to avoid the DMV in general. Maybe something in his past he doesn't want them to know about.
Anyway, would you say I handled the situation properly by returning the bike and getting my money back?
Does the seller have any legal recourse against me at this point?
Thank you!!!
