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anglefire20 · Mar 31, 2008, 07:01 PM

Ok here is the deal... My Friend posted his Motorcycle on eBay to be sold for $6500. Soon after another service member (we are in the military) contacted him and asked him to end the auction and he would come purchase the bike. The man arrived the next day, my friend asked him if he would like to test drive the bike, the buyer declined and handed him a cashiers check for $6500. My friend called to make sure the check was good, and it was, then he signed the title over to the buyer. The buyer started up the bike at the end of the driveway, messed with the shift a bit, then took off down the street almost hitting a car parked on the side of the street, then another car on the opposite side of the street. My friends neighbor soon after came around the corner and asked him if that was his bike dumped over in some guys yard. The got the bike back on it wheels and the guy took off again, proceeded out to the main road a couple miles down the street. At the stop sign the guy spun the tires took off into a wheelie and dumped it over backwards into the median. He broke the rear fender on the bike and some other minor cosmetics, hit his head and was bleeding pretty good. The buyers friend rode the bike back to my friends house and told him what happened. My friend asked if he was OK, they said he was, just need to go to the doctor. He the said "I hope your not trying to get your money back after you dumped the bike." They said they weren't and just wanted to leave it wile they took him to the doctor.

That was TEN months ago!! He still has the bike in his garage. The buyer has made no attempt to contact him what so ever. Since he paid with a cashiers check he does not have the guys name, phone number etc. He never thought to save the phone number the buyer called from (who spends $6500 and doesn't pickup their bike). He doesn't have any idea what happened to the guy! The buyer has the title, my friend checked with the DMV and he has not transferred it nor paid taxes on it.

My friend want to sell the bike to me, so I can fix it up and have it as my own. What should he do? Does he have to hold it longer or can he resell it? If he sells it could the buyer try to sue him? What's he supposed to do if he can't contact the buyer to tell him if he doesn't pick it up he's going to resell it? TEN MONTHS AND NOT A WORD FROM THE BUYER!! I know if he did sell it he would have to apply for a lost title first. By the way we live in Florida.

Some Please Help Us, Thanks

Fr_Chuck · Mar 31, 2008, 07:16 PM

First the check was cashed and cleared?

Have you contacted the bank the check was issued on, for any information on who purchased the check??

From a legal view point, you need an attorney on this one, you should be able to publish notice of intent to sell for storage fees, but unless he claims a lost title and gets a new one ( not really legal either) you will have to file for a new title though a repo type sell.

I am sure it can be done, but I would hire an attorney in your area to make it all legal.

anglefire20 · Mar 31, 2008, 08:37 PM

Check was cashed and went through. Got to check on that bank thing... Thanks for a quick response

oneguyinohio · Mar 31, 2008, 08:55 PM

You may have to contact the sherriff's department about abandoned property and storage issues.

Below is my understanding of how abandoned titles vehicles are handled in Ohio.

In Ohio, with cases involving boats that have a title, the items can go through a police auction after which another title would be issued.

The storage fees are paid by the purchaser, and if the storage facility wishes to purchase the item their unpaid fees offset the purchase price.

If you contact the Department of Motor Vehicles, they can tell you the process for filing claims of abandoned property. Explain your situation about the title never being transferred out of your name, but that you were paid in full. They should be able to give you the best advice.

Your situation is quite odd. Makes me wonder if the guy got killed or shipped to some far off location?

anglefire20 · Apr 1, 2008, 07:11 PM

I Talked to my friend today about checking the acount number on the check. He said the buyers bank would not give out any of the guys information.

JudyKayTee · Apr 2, 2008, 05:41 AM

Originally Posted by anglefire20

I Talked to my friend today about checking the acount number on the check. He said the buyers bank would not give out any of the guys information.

I'd ask the bank directly - if you ask for a copy of your deposit slip and the items deposited on a certain date the bank will furnish it to you (at least my bank will).