Buyer never picked it up

[TheBird]

No. He never took possession of it.

 

[rmet4nzkx]

No. He never took possession of it.

You fill out a form when you sell it, you accepted his payment, you should have filed the form, did you keep the registration up while you had it?

 

[seniorjudge]

Did you file the transfer papers with the DMV after you made the sale?

TheBird, please answer the question.

"...No. He never took possession of it...."

That's not an answer.

 

[TheBird]

The bike was registered as a non operational with the state of California.
In California, you transfer the title when the buyer takes possession of it.
So no, I never filled out anything because he never came to get the bike!

 

[ylen13]

I could be totally off base but why is this not abandoned property. she got email that told her that he can keep the motorcycle and no attempt was made by the buyer to get his money back. Buyer waited 5 years before contacting the seller and requested the bike. Wouldn't a reasonable person assume that buyer decided that he/she didn't really want the bike?

edit:correction

 

[TheBird]

I am a "she"

but thanks for your post

 

[tijerin]

Wouldn't this "sale" be considered a contract? If so, any cause of action would be under a breach of said contract. If the buyer does not get his motorcycle and/or does not get his money, the buyer's ONLY recourse would be to come to California and sue. However, the "breach" would have occurred when the buyer failed to pick up his merchandise. The "seller" has no obligation to hold the merchandise for five years. Seeing as this is a breach, and 5 years have passed since the breach, it would fall outisde the SOL anyways. Buyer has no recourse.

This wouldn't be classified as criminal as the title was never transferred to the "buyers" name, thus the seller legally owned the vehicle at the time of it's "abandonment" upon her move three years after the "sale" of the motorcycle.