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dcm_bg · Mar 8, 2009, 05:21 PM

I bought 2 dirt bikes the were listed on carig list in ny so I want and saw the bike and agreed that I will give him the full asking price for both which was $650 total of $1300. I paid in cash I get a resit and a bill of sale for both. I told him I was going to get the bikes in couple of weeks which it didn't happen I had to leave the country and I didn't contact him cause I was over seas and I lost all his information. So I came back after 2 month trying to get the bikes and he told me that he sold them as parts because he left them out side for a while and some one bought them I just want to know what are my leagl rights I spoke to him and he want to offer me other bike but the are no good so I don't know what should I do.

crazybird · Mar 8, 2009, 05:26 PM

Deffinately submit a complaint with small claims court. Never, ever pay for anything in cash. If you do, get a receipt with signatures so that you have proof in a court of law.

ScottGem · Mar 8, 2009, 05:30 PM

Depends on the wording of the receipt and bill of sale. Since you did not contact the seller for more than 2 months, you may have forfeited your rights.

If you sue him, he may countersue for storage fees that might wipe out the $1300 you paid.

Fr_Chuck · Mar 8, 2009, 05:32 PM

Yes tough call here, first you will need or should have your bill of sale as proof.

But you did not pick it up, and in many cases allows them to dispose of it.

Have you asked for your money back, what did they saw at that point

crazybird · Mar 8, 2009, 06:57 PM

Scottgem,
I did not realize you could forfeit your rights. Even though he paid for the item?

I can see if he hadn't paid for it and the seller was waiting for him to come and purchase the item and then couldn't wait no longer.

I am assuming he still has the paperwork of course. If not I do not see how he can win the case.

ScottGem · Mar 8, 2009, 07:02 PM

Originally Posted by crazybird

Scottgem,
I did not realize you could forfeit your rights. But he already paid for the item.

Which is why, when answering a question on a legal board, you should be careful that you know the law.

People abandon property all the time. Look at a layaway contract. If you don't come and claim the item within a reasonable time after completing payment, the store can consider the property abandoned. You can't just expect a seller to hold onto sold property forever.

crazybird · Mar 8, 2009, 07:15 PM

Scottgem,

You are right and I should not have posted.