help with abandoned bike

[ak12r]

I sold my Buell about a year ago to a guy I know. He fully paid for it and I signed the title over. He wanted me to help him learn to ride it but he never followed up and the bike is still in my garage. He has since gotten out of the military and moved out of state. I can't get a hold of him and I am moving soon soooo what should I do? Thanks in advance for any advise!

 

[anrkizm95]

if you have tried everything and cant contact him file for a lost title.

 

[xlr8n_xb]

yeah, what he said[up] What year/make/model? Where are you located?

 

[freak2180]

Did he ever get the title transfured info his name? If not its still yours....... Go file for a lost title. If he did then its his loss..... Move and take it with you and do what you can.

 

[ak12r]

I have thought about the lost title but I know he had a small loan on it so I'm sure the bank will take it. I may just call the bank he has it through and ask them about it.

It's an 09 12r w/2400 miles

 

[xtreme]

Damn that's a new bike. I would check the bank first for sure to see if it has been paid in full. If so do you know if he registered it? If not lost title like previously mentioned. You could always go the criminal route and part it out.

 

[ak12r]

haha Don't think i'm going down the criminal path. I'm just going to call the bank and ask them what to do and see if they still hold the title. I highly doubt he registered it. I read up on AZ law and if I call it in abandoned the police take it and if they can't get a hold of him it goes to auction.

 

[Oldgit]

Not sure about the States, but in the UK you can't enquire about someone elses credit status and loans.

I find it a bit odd that the chap is happy to leave it with you after moving, even though he's paid for it, and isn't contacting you about it. Do you know any of his family or friends who may know where he is?

 

[ak12r]

ya I'm not sure if the bank will give me any information but at least they will know where the property is if he isn't paying.

I agree it is odd. Hes not the brightest person I have met. I think he bought it on and was afraid to ride it. Even then if it was mine I would load it up and take it with me.

 

[sparky300]

I'd get a free consult with an attorney (or two) and ask specifically about laws concerning abandoned property. Most states have a statute governing property such as this.

 

[Oldgit]

Following on from what Sparky said: the other thing to consider is that his property is currently on your property, therefore after a certain time period it could be yours again. Maybe thats actually what Sparky meant

 

[djohnk]

Get a storage lein on it. Wrecker companies do it all the time when they tow vehicles. Do that and its your again.

 

[GAXB9R]

^^^+1 on this one. If he doesn't come get t after a certain time period it becomes yours again. Check into It I don't know much about it, but I do know it is true.

 

[sparky300]

his property is currently on your property, therefore after a certain time period it could be yours again.  Maybe thats actually what Sparky meant

Bingo

 

[anrkizm95]

Get a storage lein on it. Wrecker companies do it all the time when they tow vehicles

this will work if you gave him a time limit to pick it up and told him that storage fees would apply if he didnt or had a clearly visable sign with your fees posted some states require you file the lein with in a certain time frame

 

[BuellyBagger]

i think i saw a 12r frame FS on here. swap frames/vins and mail him the frame section with the bike vin he paid for!

 

[ak12r]

anrkizm95- exactly and I have nothing on that so the storage lien is out.

BuellyBagger- Hmmm hahaha

 

[BuellyBagger]

tempting right

 

[Iamarchangel]

Actually, you have some liabilities attached to the deal so exercise caution (legal word: bailment). The question is could the storage be read as part of the sale, or is the storage a favour: two different sets of rules.

You've described a pretty foggy situation so checking with counsel might be best, especially if you think you might end up with the bike.

Talking to the bank is also a good step but if it's not paid off, they will seize it. It would be theirs if it's not paid off. Hmm, I think it's theirs anyway, given the situation (lawyer time).

The other option might be to sell it and set the money aside, taking out fair pay for your trouble and time. Put it someplace safe, like a shared account that he could withdraw it from. (That would be the "perishable good rule", you've got to move and can't leave it or take it.)

Don't know what his service record might be but for most servicemen, cutting some slack is probably a good thing.

 

[ak12r]

Ya I agree it is the banks if it's not paid off. Just to be clear I do want the bike but I'm not trying to scam him or break any laws haha but I don't want the bank to take it to auction if there is some other legal way around it. I wish I could just run the vin to see if it's still in my name. Then I could at least register it and ride it! thanks for all the input!