how do you think I legaly stand

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Britjoe · #1 Unread post by **Britjoe** » Mon Feb 27, 2006 9:08 pm

I own a YAMAHA 650 Turbo that I sold to a guy in the states and he payed me in installments for a whole year, then refused to pay the shipping...its been a couple of years now, I should get rid of it it looks like something out of battle star galactica...No papers were exchanged and I havnt heard from him for at least 6 months...I wanna out it, how do you think I legaly stand

BuzZz · #2 Unread post by **BuzZz** » Mon Feb 27, 2006 9:21 pm

No papers were exchanged?

I would think your in the clear. He was a fool for making payments on something without paperwork in the first place, and was just lucky you are an honest person willing to keep your end of the bargin. Then he balks at his end and throws away the deal..... his loss.

You still have the ownership papers in your name. Lucky you, you get to sell the same bike twice.

Britjoe · #3 Unread post by **Britjoe** » Mon Feb 27, 2006 9:34 pm

I do feel bad for him couse he's a working guy like me, but ive got no interest in the machine personly, but I feel guilty if I sold it, Ive emailed him a few times, and nothing. its been in my garage for at leat two years now, and I need the room...
I had all intentions to live up to my side, but im not gonna pay for it to be sent to him...
So I guess Im gonna let it go, but the thing is he payed me believe it or not 2000 US, he wanted it real bad, but then blew me out over the shipping

sapaul · #4 Unread post by **sapaul** » Mon Feb 27, 2006 10:57 pm

Legally he does not have a leg to stand on, this sounds like a financial issue on his part. Sell the bike and refund him his payments less any costs.

Wizzard · #5 Unread post by **Wizzard** » Tue Feb 28, 2006 2:30 am

Perhaps he is ill or something happened to him .
On the other hand as far as the legality is concerned you are in the clear on this .
Regards, Wizzard

CNF2002 · #6 Unread post by **CNF2002** » Tue Feb 28, 2006 3:37 am

I agree that the honest thing to do is to give him is money back. Then resell the bike.

canuckerjay · Tue Feb 28, 2006 4:21 am

Agreed. You've been patient. But you also can't assume that he just decided to walk after paying you 2 grand. Wizz is right -- you have to consider that something might have happened to him. I'd try and make contact once more, not just email but call him and if anyone answers tell them there's a financial issue.

If that fails, as a last move, I'd probably call the local cops in his area to see if they have any record of something happening.

The right thing to do is to return his cash to him.
If something did happen to him, the right thing to do is to give the cash to his next of kin.

2wheel · #8 Unread post by **2wheel** » Tue Feb 28, 2006 4:23 am

Maybe his wife found out about the bike!

Sev · #9 Unread post by **Sev** » Tue Feb 28, 2006 4:40 am

I'd try to contact him one more time, let him know you're about to resell the bike, and if he wants you'll refund his money, less storage fees. If he doesn't reply, then just sell it.

jackM50black · Tue Feb 28, 2006 5:41 am

I don't agree that you are free and clear. You had a verbal contract (which is shaky but not irrelevant), he made payments. How do you know he "refused" to pay shipping. Do you have a letter from him stating this? Did you just assume he refused? Before you can sell the bike to someone else you are going to have to clear this up in some way. You probably need to return the money with a letter, and then make sure you get a response from him accepting it. The fact that there was no written contract has hurt you the seller almost as much as the buyer. So now, you have to be proactive and get this resolved.