shortstop20
Junior Member
Hello,
My name is Joel and I live in South Dakota and I am currently looking at buying a motorcycle that is located in Iowa. The owner of the motorcycle is currently serving in the US Military in Iraq. The owner of the motorcycle has had the bike listed on a website. It is not an auction like E-bay, it's just simply a forum where people can buy/sell motorcycles, the buyer and seller agree on a price. Basically like an online classified. I have communicated with this person several times through e-mail and talked to him a once on the phone when he was on his 2 week military leave at home in Iowa. He has given his mother POA to sell his motorcycle for him and we have agreed upon the price of $6200. What he would like to do is have me send his mother in Chicago a certified check in her name, have her deposit the check to pay off the bike and to pay off the lein on the title of the motorcycle and then she will mail me the title and the bill of sale. His mother lives in Chicago and that is where the bank is located that he has the loan on the bike. After sending her the certified check, and receiving a bill of sale, title, and copy of the POA I will be able to go pick up the bike in Iowa. His girlfriend will be there in Iowa to let me pick up the bike when I'm ready.
Here is the e-mail that I sent to him telling him how I thought we should go about this.
Rob,
Does your mom live in Chicago or in Iowa? I'm just kind of confused here about how this is going to work. Why can't we just do it like this?
1. I come to Iowa and give your mom a certified check for $6200.
2. She gives me a Bill of Sale and copy of POA.
3. I take the bike home with me.
4. She pays off the bike with the certified check and mails me the title.
Paying with a certified check from my bank would guarantee that the money is good, it's as good as cash. I can't send her a certified check through the mail because without a bill of sale and a copy of the power of attorney letter in my possession when I give her the check I wouldn't have any legal documentation showing that I gave your mom $6200 for the bike and that she has POA to sell the bike.
Thanks,
Joel
END OF EMAIL
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Here is his reply.
Joel,
Sorry for the confusion, I live in Iowa and my mom and the bank I have the lien on my bike is located in Chicago. I will have my mom scan a copy of my POA and I will forward it to you. It is a general POA which is a very powerful legal document meaning she can basically sell all of my assets if she wanted to. My mom is who the check needs to go to, once she receives it, she will contact you ASAP and you can pick up the bike at your leisure. My g/f will meet with you when you come down to take receipt of the bike. Either way, my mom will contact you once she receives it and will still next day mail the receipt, title, mileage disclosure, etc. By all means you should feel free to contact my mom and talk to her if you unsure about sending it to an unknown party, she works for the Navy and they are held accountable for their actions just as much as soldiers are. I can understand if your apprehensive, I would be too!!!
By all means if this wont work out for you as of now, I'll be more than happy to hold it for you till I get back (crosses fingers) in Sep and we can do this in person. But if your uncomfortable with this and would rather look elsewhere, by all means don't hesitate, just please let me know so I can put it back up for sale. Granted both of us have to cover our asses and neither want to be put in an uneasy situation, but this is how I see that this can work with me being gone and not risking anything for myself, unless we can agree on some other form of compromise.
-Rob-
END OF EMAIL
------------------
He also sent me a copy of the POA letter.
For some reason the way that I suggested we do this will not work for him. He would like to do it as I described in the first paragraph. Am I covered from a legal standpoint doing it the way he suggests? I am just kind of weary of the idea of sending him a check through the mail without receiving a bill of sale at the same time. It seems to me that I would have no legal documentation of the sale and "no foot to stand on" without receiving a bill of sale when sending a check through the mail and trusting that I will receive the bill of sale.
Opinions/comments would be greatly appreciated.
Thanks,
Joel
My name is Joel and I live in South Dakota and I am currently looking at buying a motorcycle that is located in Iowa. The owner of the motorcycle is currently serving in the US Military in Iraq. The owner of the motorcycle has had the bike listed on a website. It is not an auction like E-bay, it's just simply a forum where people can buy/sell motorcycles, the buyer and seller agree on a price. Basically like an online classified. I have communicated with this person several times through e-mail and talked to him a once on the phone when he was on his 2 week military leave at home in Iowa. He has given his mother POA to sell his motorcycle for him and we have agreed upon the price of $6200. What he would like to do is have me send his mother in Chicago a certified check in her name, have her deposit the check to pay off the bike and to pay off the lein on the title of the motorcycle and then she will mail me the title and the bill of sale. His mother lives in Chicago and that is where the bank is located that he has the loan on the bike. After sending her the certified check, and receiving a bill of sale, title, and copy of the POA I will be able to go pick up the bike in Iowa. His girlfriend will be there in Iowa to let me pick up the bike when I'm ready.
Here is the e-mail that I sent to him telling him how I thought we should go about this.
Rob,
Does your mom live in Chicago or in Iowa? I'm just kind of confused here about how this is going to work. Why can't we just do it like this?
1. I come to Iowa and give your mom a certified check for $6200.
2. She gives me a Bill of Sale and copy of POA.
3. I take the bike home with me.
4. She pays off the bike with the certified check and mails me the title.
Paying with a certified check from my bank would guarantee that the money is good, it's as good as cash. I can't send her a certified check through the mail because without a bill of sale and a copy of the power of attorney letter in my possession when I give her the check I wouldn't have any legal documentation showing that I gave your mom $6200 for the bike and that she has POA to sell the bike.
Thanks,
Joel
END OF EMAIL
-------------------------------------
Here is his reply.
Joel,
Sorry for the confusion, I live in Iowa and my mom and the bank I have the lien on my bike is located in Chicago. I will have my mom scan a copy of my POA and I will forward it to you. It is a general POA which is a very powerful legal document meaning she can basically sell all of my assets if she wanted to. My mom is who the check needs to go to, once she receives it, she will contact you ASAP and you can pick up the bike at your leisure. My g/f will meet with you when you come down to take receipt of the bike. Either way, my mom will contact you once she receives it and will still next day mail the receipt, title, mileage disclosure, etc. By all means you should feel free to contact my mom and talk to her if you unsure about sending it to an unknown party, she works for the Navy and they are held accountable for their actions just as much as soldiers are. I can understand if your apprehensive, I would be too!!!
By all means if this wont work out for you as of now, I'll be more than happy to hold it for you till I get back (crosses fingers) in Sep and we can do this in person. But if your uncomfortable with this and would rather look elsewhere, by all means don't hesitate, just please let me know so I can put it back up for sale. Granted both of us have to cover our asses and neither want to be put in an uneasy situation, but this is how I see that this can work with me being gone and not risking anything for myself, unless we can agree on some other form of compromise.
-Rob-
END OF EMAIL
------------------
He also sent me a copy of the POA letter.
For some reason the way that I suggested we do this will not work for him. He would like to do it as I described in the first paragraph. Am I covered from a legal standpoint doing it the way he suggests? I am just kind of weary of the idea of sending him a check through the mail without receiving a bill of sale at the same time. It seems to me that I would have no legal documentation of the sale and "no foot to stand on" without receiving a bill of sale when sending a check through the mail and trusting that I will receive the bill of sale.
Opinions/comments would be greatly appreciated.
Thanks,
Joel
