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  1. #1
    KimInNY is offline Member
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    This is serious,

    What is the name of your state (only U.S. law)? NY


    My husband and I put his motorcycle online for sale. A buyer came and left a deposit, and we used it for bills and whatnot, (selling that bike at that time was a huge relief) .

    The bike is titled to my mother in law and my husband has every right to sell the bike,, I mean it is his bike.

    The buyer had decided because he is not compleately comfortable with the title he wants his money back. We do not have that money, the bike was sold "as is" and we cannot possibly come up with the deposit back, until we resell the bike, which is what I said we would be more then happy to do.

    The buyer has gone to the cops and is saying we were trying to con him, and we have stolen his 1600. We have a written agreement, biek sold as in title clear. all is true.

    Do I have a chance to beat the Grand Larceny charges the buyer is trying to charge us with? I think he should just finish paying for the bike and take it. it would save us all all kind of issues.

    Please Help. I know your gonna want to say give back the money or the bike, and I say give him the bike but her owes us 1200 more. What do we do.

    I'd just like to reiterate we do not have the deposit, it wwent to a good cause, and we had / have no intention on "conning" him. we just needed to sell the bike to keep our home.
  2. #2
    HomeGuru is offline Senior Member
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    Quote Originally Posted by KimInNY View Post
    What is the name of your state (only U.S. law)? NY


    My husband and I put his motorcycle online for sale. A buyer came and left a deposit, and we used it for bills and whatnot, (selling that bike at that time was a huge relief) .

    The bike is titled to my mother in law and my husband has every right to sell the bike,, I mean it is his bike.

    The buyer had decided because he is not compleately comfortable with the title he wants his money back. We do not have that money, the bike was sold "as is" and we cannot possibly come up with the deposit back, until we resell the bike, which is what I said we would be more then happy to do.

    The buyer has gone to the cops and is saying we were trying to con him, and we have stolen his 1600. We have a written agreement, biek sold as in title clear. all is true.

    Do I have a chance to beat the Grand Larceny charges the buyer is trying to charge us with? I think he should just finish paying for the bike and take it. it would save us all all kind of issues.

    Please Help. I know your gonna want to say give back the money or the bike, and I say give him the bike but her owes us 1200 more. What do we do.

    I'd just like to reiterate we do not have the deposit, it wwent to a good cause, and we had / have no intention on "conning" him. we just needed to sell the bike to keep our home.
    **A: your post does not seem serious to me. You got me worked up for nothing.
  3. #3
    lealea1005 is offline Senior Member
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    What possessed you to spend the deposit money before the sale was completed?

    Find a way to come up with the cash and pay the guy back.
  4. #4
    HomeGuru is offline Senior Member
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    Quote Originally Posted by lealea1005 View Post
    What possessed you to spend the deposit money before the sale was completed?

    Find a way to come up with the cash and pay the guy back.

    **A: now that's serious advice.
  5. #5
    Zigner is offline Senior Member
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    You should have refunded the money. You cannot agree to sell something you do not own...
  6. #6
    KimInNY is offline Member
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    We needed the money really badly, my husband was hurt and lost his job, and i work a tiny paying secratary job, This is serious because they are saying we STOLE there money and were trying to con them. (which we were absolutely not) They called detectives , gone to my landlors and friends, the woman has called my job and tried to get my boss on the phone, all because the signed title is not in my husbands name.


    The money is gone, It fed us and our kids while my husband was hurt, it paid us to date on our rent to keep us from eviction, and it was sent from god, There was no reason at the time to beleve there'd be a problem. no there is and it is going to get me fired. If I could just "come up" with 1600 i would have no problem in life at all ever. but its not how it is.
  7. #7
    KimInNY is offline Member
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    Quote Originally Posted by Zigner View Post
    You should have refunded the money. You cannot agree to sell something you do not own...
    The Title with his mothers name, is signed on the back transfering ownership to her son, how is that not his?
  8. #8
    KimInNY is offline Member
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    do you think he should go to the dmv and pay the 50.00 to title it to himself, wait 6 weeks for it to get back and give it to the dude with a demand for the rest of the money?
  9. #9
    BL
    BL is offline Senior Member
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    You can use a million excuses .

    The bike is titled to my mother in law and my husband has every right to sell the bike,, I mean it is his bike.
    Technically he does not have that right .

    I wouldn't be comfortable with it either , but ya know NY , people sign titles of the title holder's names all the time in sales .

    Any old excuse seems to suffice in the sellers mind .
  10. #10
    Zigner is offline Senior Member
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    Quote Originally Posted by KimInNY View Post
    The Title with his mothers name, is signed on the back transfering ownership to her son, how is that not his?
    Because he did not REGISTER it in his name. What he tried to do is illegal in and of itself.

    And, REALLY needing the money doesn't excuse what you guys did.
  11. #11
    BL
    BL is offline Senior Member
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    You can not have two persons trasfered to on the title.

    It definatly would cause problems at DMV .

    Acceptable Proofs of Ownership
    Cars, Trucks and Motorcycles - model year 1973 or newer

    The acceptable proof of ownership is a title certificate from any state and a bill of sale. The person whose name appears on the proof of ownership must sign the transfer section of the proof of ownership.

    If the seller has a title certificate that was transferred to the seller by another person, the seller cannot use that title certificate to transfer the ownership to you. The seller must apply for a title certificate only and transfer the new title certificate to you.

    Your name must appear on the title certificate as the buyer.

    Make sure that the information listed on the title certificate is not altered, erased or changed. If any information is altered, erased or changed, the current owner must get a duplicate title certificate and use the duplicate to transfer the ownership to you.
    What your husband can do ASAP is go down and apply for a title in his name , and advise the buyer he has done so ( give a copy of the receipt for transfer to the buyer ) .

    And hope there's not a problem with the title transfer .

    In accuality , your husband had no right to make a sale .
    Last edited by BL; 07-07-2008 at 01:53 PM.
  12. #12
    Zigner is offline Senior Member
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    Quote Originally Posted by KimInNY View Post
    do you think he should go to the dmv and pay the 50.00 to title it to himself, wait 6 weeks for it to get back and give it to the dude with a demand for the rest of the money?
    Prospective buy has the right to expect that you can deliver the title within a "reasonable" period of time. 6 weeks is not "reasonable".
    What-say he gets the title and THEN you advertise the bike for sale...?

    (Oh, and pay back the deposit)
  13. #13
    KimInNY is offline Member
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    Thank you all. I will have him go to the DMV today and have a new title issued to him. and pay the dude his money, after i beg borrow and steal to get it. Thank you for your advise, thats exactly what I will do.
  14. #14
    lealea1005 is offline Senior Member
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    Good luck!

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