Purchased a motorcycle that was repossessed by lien holder

[totalimpact]

I am in California, and I bought a motorcycle from a friend of a friend. I paid $3500 cash, and everything was verbal. The seller said he had a few months left on his loan and would give me the title as soon as it was paid off. I agreed this would be OK, and took possession of the motorcycle and made use of it.

After about 4-5 months he said his bank needed to inspect it before releasing the title, I let him take the bike so that I could get a bill of sale and clear title. He lied and they actually needed to repossess it because he hadnt paid in months.

Now I am out $3500 and he wont pay.
Isn't it illegal to sell something that is under a lien? How should I try to prosecute him? I dont know where he lives, can the courts assist me with this?

 

[I AM ALWAYS LIABLE]

I am in California, and I bought a motorcycle from a friend of a friend. I paid $3500 cash, and everything was verbal. The seller said he had a few months left on his loan and would give me the title as soon as it was paid off. I agreed this would be OK, and took possession of the motorcycle and made use of it.

After about 4-5 months he said his bank needed to inspect it before releasing the title, I let him take the bike so that I could get a bill of sale and clear title. He lied and they actually needed to repossess it because he hadnt paid in months.

Now I am out $3500 and he wont pay.
Isn't it illegal to sell something that is under a lien? How should I try to prosecute him? I dont know where he lives, can the courts assist me with this?

My response:

The courts don't assist citizens in this manner. So, you don't know where he lives? Then, guess what? You rented a motorcycle. End of story.

This is why the State of California has a "Statute of Frauds." Find it, read it, then cry.

IAAL

 

[totalimpact]

OK- yes i was stupid - so is there anything I can do when I do find him- easily done with a little work.

I do have a witness to the transaction, should I take him to small claims?

 

[I AM ALWAYS LIABLE]

OK- yes i was stupid - so is there anything I can do when I do find him- easily done with a little work.

I do have a witness to the transaction, should I take him to small claims?

My response:

You can't prove a contract. Also, you didn't read the California Statute of Frauds. I can't help you if you FAIL to take instruction.

IAAL