Welcome to Netrider ... Connecting Riders!

Interested in talking motorbikes with a terrific community of riders?
Signup (it's quick and free) to join the discussions and access the full suite of tools and information that Netrider has to offer.

Sold bike,have money but bike is missing?. (aus)

Discussion in 'Politics, Laws, Government & Insurance' started by Tubehead, Jun 2, 2009.

  1. I just sold a cheapish bike to a guy in country Victoria.He has deposited the cash in my account and is picking it up thursday.All good except the bike was BORROWED by a relative without my knowledge and now he cannot be contacted or( won't be)I think he may have damaged it.He does not know it is sold and has been using it off and on the last 2 months.I have no idea what I am going to tell the new owner if the bike does not show up.The bike is still registered in the name of the previous owner in a different state!All very messy.Should I ring the guy who bought it and offer him his money back or hope like hell I can track it down before he arrives.??Does anyone know my legal position.

    thanks for any help
  2. give the owner his money back with an apology, only thing u can do
  3. duuuude....
  4. +1, safest and best option IMO.

    phong =P~
  5. Report it stolen. IF you cant contact your relative how do you *know* he took it.
  6. Ditto
  7. If he is about to leave and travel to pick up the bike just refund him with an apology, if he presses tell him it has been stolen, less embarrasment and with his cash back he will be fully reimbursed, then if your relo has it and it isnt stolen, kick his ass in a highly entertaining way, if however you have time wait a few days try and find it and if he cant be found go back to ringing and refunding with stolen excuse
  8. Give the buyer their money back and, in future, be a bit more careful about completing paperwork and maintaining custody of your vehicles.
  9. My wife gave him the key that's all above board.He is a very honest guy in general but bloody unreliable.This is my fault but I just did not even think about this possibilty.I really need this money at the moment but will give the guy his cash back without question.I am just going to look like I an idiot doing it.
  10. Australia says "it's okay this time mate".
  11. +1 just give the guy back his money. Im sure you could explain the story to him, sh*t happens. He might still want the bike when you get it back but the first priority is for the buyer to get his money or the bike. Technically the money isn't yours at present.
  12. Re: Sold bike,have money but bike is missing?.

    You are liable to supply the buyer with the bike he purchased or return the payment.
    It's not rocket science..................................
  13. You dug your own hole there. Only way out is to return the funds and apologise to the soon to be disappointed buyer.
  14. Talk to the buyer, if he wants his money back - do so immediately.

    As said by others, he may still want the bike when you find it.

    If he allows you a couple of days to sort it out in hopes that you can seal the deal, thank your lucky stars and find that bike!

    If you find it and its broken, adjust price accordingly and give your buyer first option. Seems only fair.

  15. Have calmed down somewhat and if the bike is not back by tomorrow night,I will just tell him the truth.Money returned or wait it out.Still have not really come up with any reasonable reason why someone is riding around on a bike that he's already paid for?The real truth is I only lend out a bike I totally don't give a shit about.That may be to much truth in these circumstances.
  16. Given the popularity of this forum amongst 2wheelers he may already suspect if he's read this thread. The sooner you 'fess up the less dodgy you'll look.
  17. Call him immediately. No-one likes to be buggered around, least of all country folk who have to make a special trip into town.
  18. You're more generous than me, my friend; I'd not lend ANY bike to ANYONE for any reason. I'd go and pick them up in the car. I'd take them where they needed to go. AND bring them back. But Sod's Law says that whatever its value, something could, and probably will, go wrong, and then I'd be the one picking up the pieces.
  19. Did you let the new buyer know that it wasn't even registered to you or was that going to be disclosed at the last minute also?
  20. It is being sold as unregistered and I am the legal owner.But I am not going to tell him that there is a bomb under the seat Mr helpful.