Two days ago on the 12th a man responded to an ad we had in the local paper about a motorcycle we owned and were selling. He came by w/ his girlfriend and after about 30 minutes of discussion between the two of them, ultimately bought the bike. He did not want to ride it prior to buying it because he stated that "you don't ride someone elses bike" even if you want to buy it...fine w/ me. He paid us over $3000 in cash, I typed up a Bill of Sale stating the particulars of the bike and that it was being sold as is and in its present condition and it was signed, then my husband signed the title. At that point the buyer, having bought a new helmet on the way to our house, put the helmet on then took it off several times before then deciding on smoking a few cigarettes before getting on his new bike and leaving. We all stood in the driveway anticipating the departure because it was getting late and we had dinner and homework to get done. Finally, his girlfriend backed out of the driveway and he got on the bike...he stalled the bike 3 times before my husband indicated the clutch might be helpful. Please note that he told us he had been riding motorcycles since he was 7 years old and is now 29 and he built a HD from the ground up. He finally got the bike going down the driveway and promptly drove across the street, into my neighbors brick garden mailbox enclosure and dumped the bike!!! We were all in shock!!! He got up (did not get hurt) and left the bike running until my husband ran over and turned it off. My husband helped him drag the bike back over to our driveway and after about 30 minutes of trying to get it started, it was determined that the bike was flooded and they would go get dinner and call us to see if it was started at which point my husband offered to drive the bike to their house and I would follow to bring him back home. They thought that was a great idea because the buyer was visibly shaken. Here's where it gets wierd...I called him yesterday to tell him that the spark plugs are dead and therefore I called a few parts places in the surrounding area and gave him the location and phone # of the place to pick them up. I said to come over after my husband came home from work and we would follow him to his house and he would have the bike in his possession. He never called me. At 6:00 last night my husband called him and the guy was very reserved and seemed not to know what to do. He didn't ask for his money back and in fact indicated he would be here tonight to take possession of his bike as he would go today to get the spark plugs. Now it's 8:21 p.m. on the 14th and aside from my husband calling him again this eveing at 6:00 p.m. and leaving a voicemail, we have not had any contact w/ the buyer. The message my husband left was that the bike is in our garage, it's now his bike, meaing the buyer's bike, and he, the buyer, needs to get the bike one way or another. I am finding it so hard to believe that we have the bike and the cash and a signed bill of sale and he hasn't contacted us. He has the title but that's it!!! What do we need to do??? Any adivice or any ideas on liability...we want the bike gone, which is why we sold it to him. Strangest transaction I have ever been involved in.

excon

Hello jynnifer:

Yup, weird. Yes, you sold it. And, from a legal point of view, you're in the clear. However, the guy obviously doesn't want/can't ride the bike. Call him. Tell him you know he doesn't want the bike, and you'll sell it again for him for a 20% commission. It should get some action from him, or it will make your time worthwhile.

excon

CaptainForest

Another option is this:

Let the bike sit there.

After about 180 days of it sitting there, it will become abandoned property (180 days or so, depends where you live).

Once it becomes abandoned property, it becomes YOUR property.

Then you can sell it again and make more money!

Or you can go with excon’s plan If you want the bike off your property ASAP.

Fr_Chuck

Of if you have his phone number, call him and ask him when you can bring it over to his home for him ???

Jynnifer

Thank you so much for the responses!! We have called him...spoke to him 2 times on the phone the night of the 12th after he left here to get dinner. Left a message about where to get the spark plugs locally on his voicemail on the 13th, my husband actually had a 5 minute conversation with him the evening of the 13th and suggested (1) he get the spark plugs so he or my husband can replace them and get the bike running so my husband could take the bike to the buyers house (2) that he rent a trailor to haul the bike to his own house (3) rent a u-haul because he said he didn't have a hitch on his truck and truck it to his own home. My husband made it crystal clear that the bike was not ours now and we were uncomfortable keeping the bike here. Yesterday, the 14th, I left one voicemail in the early afternoon and my husband called him again at 6:00 p.m. and left a voicemail. So I feel that we are doing all that we can, we just don't want any reprecussions considering that it was just a normal sale at the start and now it's so odd! The buyer has not asked for his money back and I wouldn't consider giving it to him since he dumped the bike after the sale and it now won't start. At the very least he needs to get this bike to a shop and get it in working order then we may consider talking about giving him some money back should that be the route he wants to take but to not even be in contact with us is ridiculous! I appreciate all the replies and will post when we have a follow up to this crazy story...have a great day!!!

ScottGem

One point here. I don't know about Tennessee, but in NY, you have to be licensed to operate a mototcycle. Meaning that your driver's license needs to have a notation about that on it. If Tenn is similar, did you check his license for the notation. Did you check his license at all? If you did not, then you might have a problem. I would check Tenn law on a private sale like this. There may be a requirement to check.

Other than that, you seem to be in the clear.