Seller refuses to turn over motorcycle title?

If you've filed a suit in small claims court, you're already on the right path.

Take your written contract in there, and show proof of payments made, and you'll walk out with a judgment. He'll gladly hand over the title to avoid it if he's smart. However, doesn't sound like he is.

You may have to sue his wife, though, so ask the court clerk.

El Grande made some good points. The only problem with getting judgment against someone is that often times you never get a penny because they are no-count, unemployed deadbeats that never have any money. Talk to your local prosecuting attorney. They are a public servant and should at least be able to point you in the right direction or give you advice on what you need when you go to small claims court. After you talk to them but before you go to small claims court, call the jerkwad one more time, tell him who you've talked to and what you plan to do. Remind him that his tit is in a wringer as well because he sold you something that was not legally his to sell, and even signed a written contract stating so. You may get a slap on the hand for riding the bike without it being licensed in your name, but you were never actually stopped by a cop and issued a ticket because of. This old boy engaged in serious illegal activities and remind him of that. Judges and cops are usually on good working terms and when the judge see what an a$$hole this guy is, he can tell the cops to keep close tabs on this guy. That means the cops will stop him for the smallest infraction such as not coming to a complete stop at a stop sign of failing to signal. My boy was involved with drugs and even after he got clean, the cops stopped him numerous times, searched his truck, etc. They stopped him for such minor things as the rear license plate light bulb being burned out. But it was a legal stop and they were totally within their rights to do so. If they wish to, they can make this guy's life miserable and he will always be looking over his shoulder. And if you go to court, be dead on truthful to the judge, don't lie or exaggerate anything. My boy was truthful and admitted he was wrong even when his arrest was basically entrapment. But the judge cut him a lot of slack because he didn't lie to him. The guy who sold you the bike is either going to have to lie to the judge, which the judge will see through and nail his ***, or he will have to tell the truth and he will still be in hot water. When you call the guy, you might just remind him of that. If he's smart, he will want to keep out of the legal spotlight.

Everything depends on what is written on that little scrap of paper so don't lose it!

I suspect he sold his wife's bike without her full permission and she's p*ssed off at him. You'll have to find out what the local laws are where you live about marital property, if HE cannot legally sell his wife's motorcycle (quite possible) then you'll have to return the bike to her and he will have to refund the $500 plus reasonable costs; you can't seriously charge for storage because you USED the bike but you can charge perhaps $100 for upkeep of the bike - don't push your luck and ask for silly amounts of money.

On the plus side, at least you had the use of a motorcycle for a year for $0.

I'm no lawyer, but it sounds as if this guy is what's known as a "shady character." You MIGHT have to give the bike back, as it wasn't really his to sell--of course, the judge is going to order him to return your $500.00. Next time, ASK to see the title (make SURE there are no liens on it!) BEFORE purchasing ANY vehicle. You might also ask the judge to be reimbursed for maintenance costs, but you DID ride it. If YOU are not a repair shop owner yourself, it's highly unlikely the storage tactic will work--better to keep the judge on YOUR side, as opposed to him being pissed at BOTH of you, agreed? By the way, the judge is NOT going to be too happy that you were riding a bike that wasn't titled in your name--good luck explaining that. And YES, he probably WILL ask--better NOT have a B.S. answer--you need him on YOUR side!

He isn't the owner if his name isn't on the title. However, it varies from state to state on the property owned by married couples. Your only course would be to contact a lawyer and find any recourse and provide the documents you have to show the intended purchase of the vehicle. Worse comes to worse, you forfeit the bike and receive your deposit back and best being you pay the original amount you agreed to.

If you have a written contract and you have upheld your end of the contract, the judge will side with you.

If he claims that the bike wasn't his to sell, then he owes you all of your money back. He would be in danger of being charged with fraud for selling something that isn't his.

He cannot change the terms of a written contract after the fact.

you do have proof that you paid him, right?

If you have the agreed price in writing, and can prove that you have paid it in full, you should have no problem. If he and/or his wife don't show up in court, you presumably win by default. I doubt that storage can be part of your claim, though.

Sounds like a legal matter that should be in the Law & Ethics Section.

Also sounds like you've been screwed, but I'm not a lawyer.

Tell him your going to go to court and he's paying might wake the prick up.

You have it in writing and you have a good case in my opinion. good luck finding the guy to serve notice to appear.......