General Harley Davidson Chat Forum to discuss general Harley Davidson issues, topics, and experiences.
Sponsored by:
Sponsored by:

Screwed Around or Normal Practice

Thread Tools
 
Search this Thread
 
  #21  
Old 08-28-2012 | 09:31 AM
fffffish's Avatar
fffffish
Road Captain
Joined: Apr 2012
Posts: 577
Likes: 6
From: Ravenna Ohio
Default

There is no way to put a good spin on this deal!
 
  #22  
Old 08-28-2012 | 09:41 AM
hollowpoint's Avatar
hollowpoint
Elite HDF Member
Joined: Oct 2007
Posts: 3,605
Likes: 3
From: Adirondack Mountains
Default

Riven,
What paperwork do you have? Is there a bill of sale signed by the dealer? Is your name on the temp plates they issued?
 
  #23  
Old 08-28-2012 | 09:47 AM
nightroddersp's Avatar
nightroddersp
Cruiser
Joined: Jun 2011
Posts: 223
Likes: 0
From: norfolk
Default

i received 2 temp tags on an used car, almost got three. if you like it keep it. the original owner can't file as stolen, the lean holder can take up to 60 days to release the title and a dealer can file for lost or stolen title if it came down to it. bill of sale will work for a while after 90 days then i would take it to a lawyer for his cousil...
 
  #24  
Old 08-28-2012 | 09:59 AM
Timco's Avatar
Timco
Club Member
Joined: Mar 2011
Posts: 212
Likes: 0
From: murphy nc
Default

Not sure in your State, but here in NC all dealers are bonded. You will NOT lose your money, but you will only get back the amount you paid. Any amount you spent on the bike afterward is lost.

I would suggest telling the dealer they have X amount of days to produce the title, & after that I would contact the DMV inspector to file a complaint.

No dealer in the world wants a DMV inspector doing an audit at their business.
 
  #25  
Old 08-28-2012 | 10:02 AM
Esuomm1's Avatar
Esuomm1
Tourer
Joined: Apr 2012
Posts: 345
Likes: 3
From: Manhattan
Default

Could you hassle the cops to go in with you just to officially document what's going on?

Go in like everyone says and if they don't do right by you, tell them you'll be right back and go in with a cop. See what happens then, maybe they are selling stolen property, etc. just throw the term around while cop's there, get all documented, and then get lawyer.
 
  #26  
Old 08-28-2012 | 10:13 AM
Iron Horse Biker's Avatar
Iron Horse Biker
Former Sponsor
Joined: Jul 2012
Posts: 187
Likes: 0
From: NY
Default

As others have mentioned, as long as you have a proper Bill of Sale from the dealer then you have legal ownership and it is up to them to make sure title is transferred. BUT if you do NOT have a signed BOS then you have a much bigger issue because your insurance will not cover damages to you, the bike, or, most importantly, any liability if someone else gets injured. That could be serious money! But the other lien holder likely has 60-90 days to sign off, so don't panic. Yet...
 
  #27  
Old 08-28-2012 | 10:45 AM
patrickd's Avatar
patrickd
Elite HDF Member
Joined: May 2012
Posts: 3,910
Likes: 1
From: Nebraska
Default

I'm not 100% sure how it works where you're at but usually when a dealer takes a bike on consignment they have the current owner sign a limited power of attorney that allows them to act as the agent of the seller. That allows them to sign any paperwork necessary and pay off the lien and get the title. No way will a dealer send the money to the original owner and have him pay off the lien and secure the title. NO WAY

You need to contact the DMV Inspector, or what ever the office is where you're at, and have them go into the dealership with you. It isn't the original owner that is messing with you it's the dealership. Go. Go right now.
 
  #28  
Old 08-28-2012 | 10:56 AM
WestPalmBop's Avatar
WestPalmBop
Cruiser
Joined: Apr 2012
Posts: 210
Likes: 0
From: Ontario
Default

Originally Posted by Iron Horse Biker
As others have mentioned, as long as you have a proper Bill of Sale from the dealer then you have legal ownership and it is up to them to make sure title is transferred. .
Wrong. The person with the title (currently the lienholder) has the legal ownership. The purpose of the lien is to make sure no one can sell the bike until the debt is cleared. Clearly this has not happen.

Don't mess around anymore, go get your money before you have nothing.
 
  #29  
Old 08-28-2012 | 11:06 AM
3408pete's Avatar
3408pete
Ultimate HDF Member
Joined: Aug 2012
Posts: 6,470
Likes: 4
From: on the road
Default

several wrong comments--------------you first need to check your state laws on how long the dealer has to provide you a title.CO is allowed 60 days,Ne is 10 days with some exceptions,Ks gives 30 days.I would go visit the dealer in a car and leave the bike at home------------if they get nasty you have a storage bill against it as well as what ever else you have done to it.The fact it was a consignment has nothing to do with what the dealer is required to do and that is to produce a clear title.There are methods to obtain titles on stuff like this but it is more involved than most people want to do and laws varie from state to state------------in most states a garage mans lein takes control over the rest so you could have a shop buddy file a lien and still get a title----------my self I would approach it with caution especially if you are way under book price wise as this might just be a way to get the bike back to sell again and not refund the money
 
  #30  
Old 08-28-2012 | 11:23 AM
WestPalmBop's Avatar
WestPalmBop
Cruiser
Joined: Apr 2012
Posts: 210
Likes: 0
From: Ontario
Default

Originally Posted by 3408pete
several wrong comments--------------you first need to check your state laws on how long the dealer has to provide you a title.CO is allowed 60 days,Ne is 10 days with some exceptions,Ks gives 30 days.I would go visit the dealer in a car and leave the bike at home------------if they get nasty you have a storage bill against it as well as what ever else you have done to it.The fact it was a consignment has nothing to do with what the dealer is required to do and that is to produce a clear title.There are methods to obtain titles on stuff like this but it is more involved than most people want to do and laws varie from state to state------------in most states a garage mans lein takes control over the rest so you could have a shop buddy file a lien and still get a title----------my self I would approach it with caution especially if you are way under book price wise as this might just be a way to get the bike back to sell again and not refund the money
Some valid points here. Don't take the bike to the dealer. Good idea.

The challenge with the mechanic's lien is that it would be the second lien, not first. Also, in order to do so, you need a repair order signed by the legal owner, which the poster is not.

I have a sneaking suspicion that either the dealer is in trouble cash flow wise, or they were crazy enough to pay the person hoping they would then go pay the lien off and they haven't. Either one is really bad for the original poster here.

I highly doubt this is just a case of waiting for the lien to be released or they wouldn't be contacting the original owner, they would call the lienholder who could then send a letter saying they recieved the money and are currently releasing the lien and bear no further interest.
 


Quick Reply: Screwed Around or Normal Practice



All times are GMT -5. The time now is 07:37 PM.