TW200 Forum banner

1 - 20 of 28 Posts

·
Registered
Joined
·
2,753 Posts
Discussion Starter #1
Almost a year ago I sold my 03. I get a notice that the bike is in impound and the fees to get it are about 650 from the towing company. I guess the fellow didn't get it in his name so I get the notice. I am tempted to go get it before they put it up for auction in two days. they give 120 hours and call it theirs, what bs. I don't know if it was in an accident or he got a dui. was impounted at 1;15am so I figure he went to jail. I feel like picking it up and charging him for my trouble in saving it as he doesn't legally own it yet.

What would you folks do.
;
 

·
Registered
Joined
·
19,388 Posts
Did you file some sort of liability release and notification of sale with the state at the time of the TW sale? This may, or may not come back to bite you if you attempt to claim the bike now. Would not want your claiming it to be legally assuming liability for unknown damages or violations the purchaser has incurred while bike was still registered in your name.
 

·
Registered
Joined
·
8,293 Posts
I don't know the law out there. Hope you did not leave your plates on the bike when you sold it. The fact he failed to register in his name should have no bearing on you as far as liability as long as your plates are not on it. I sold a boat and trailer some years back and the buyer brought his own plate to put on when I took mine off. On his drive home he crashed and destroyed the boat and trailer. The tow company tried to come after me for the cost of towing and dumping fees at the recycle center. I got a bill for $660 in the mail and they dragged me to small claims court where they lost. I had the copy of the bill of sale and what he did after he left here with the boat and trailer had nothing to do with me as long as I did not allow him to drive home on my plates. The registrations and titles were legally transferred over to him at the point of sale and I had my license plate ready to turn in at the DMV.

GaryL
 

·
Registered
Joined
·
293 Posts
IF you did not file a report of sale, and IF he really did not transfer ownership, and IF it was not used in a felony....I would say go get it for 650 bucks! (Make sure it is not trashed.) You should get with it a new, clean clear title. I did when I went through a WA towing company to get a Ninja 650 that the insurance company just wrote off after the PO died.
 

·
Super Moderator
Joined
·
4,842 Posts
Likewise, when my Audi 80 got side swiped, and the insurance company towed the wreck as part of the settlement. After that, I kept getting unpaid parking tickets from a part of London I don’t even visit, until eventually, the courts “required me to attend” (on pain of an arrest warrant)

In the end, I had to get an affidavit from a lawyer stating that the vehicle was no longer my responsibility since (insert date here) – he couldn’t believe I had to go through that either

Since that time, I have been merciless about insisting on getting a signed, dated, (and timed) receipt when handing over a vehicle in my name

Plumstraight – leave it there. You have no idea of what that bike has been involved in since it left you, and my advice is to wash your hands of it, otherwise you have no defendable cut off point. The last thing you need right now is a LEO asking you “so why did you go and pick it up if you say you’d sold it”

As it stands, all that can happen is the guy comes back to you and asks “why didn’t you tell me you’d got the letter” – to which your reply would be “and just why did I get that letter in the first place”

When you have the higher ground – keep it – no need to muddy the waters ……. :cool:
 

·
Registered
Joined
·
912 Posts
Stay away! Never deal with the cops unless you HAVE too. Disavow any ownership. There are so many things that could go wrong with this. If you do not have a bill of sale make one now. Post date it and put "Joe Blow" as the name if you can't remember his. (Deadbeat gave you a fictitious name. Not your fault). If you need to show it, say, "This was for my records. I forgot to give one to Mr. Blow."

Gary's experience is a good example.
 

·
Registered
Joined
·
830 Posts
Many years ago I sold a 28ft sailboat to a guy. About 3 years later I got a come get it or it will be auctioned off from a nearby city. I went and looked at the boat, it was missing the rudder, sails and other stuff, but was solid. I waited until a couple of days before auction to give the guy that bought it from me to get it...then went and got it for a few hundred. Replaced rudder, sails, life vests, bedding, pumped out tanks (ugh) and used it (again) for a couple years before reselling. Don't know what happened with the guy, he just abandoned it, strange deal.
Wish I had kept it (lived in Socal then) would love to have that boat (up here) in Lake Tahoe. Than again...have to many toys requiring regular maintenance already lol.
 

·
Registered
Joined
·
231 Posts
In Washington state your are required to file a Report of Sale with the buyers name on it with the state licensing dept when you sell a vehicle. I believe they charge you $20.00 fee for that now. There’s a fee for everything. If you sell a vehicle and do not file the report you are in violation of the law and subject to a penalty. I don’t remember exactly what that is, but it’s written on every Washington State vehicle title. Under the law in Washington you are responsible for everything associated with that vehicle until it is transferred by the buyer or you turn in the report of sale yourself. On the title it states any false information entered is a felony so I would hesitate to forge a bill of sale.
If the buyer didn’t transfer the title, it’s still legally in the sellers name and he his responsible for all fees, towing cost, etc. this is why they have the Sellers Report of sale. It’s to get you off the hook when it rolls away from your house. They go by the vin number in Washington, not the license plate.
I think I’d go to the impound yard and explain the situation to them and see what they say. I don’t see a down side to it. Legally you’re already responsible for it and they clearly have your information already. If they determine you can have it for $650 it’s a deal. Just apply for a lost title and your good.
 

·
Registered
Joined
·
2,753 Posts
Discussion Starter #12
Got hold of the county sheriff's office. Seems he won a dui. Well the bike is in impound and that's where it is going to stay. As he hasn't declared ownership I suspect he can't retrieve it. Oh well, you can't fix stupid. Hate to see a nice TW get auctioned off for a pittance. It is at EVERGREEN Towing in Sequim if anyone wants to check it out and see when the auction is. It has a kicker, bark busters, racks, front and rear. Only issue I had with it was the pickup on the flywheel for spark. I replaced that and the stator when I opened it up. Hope someone on the forum will snag it.
 

·
Super Moderator
Joined
·
4,842 Posts
He got himself into it – so he’s big enough to get himself out of it

As for the state fines, DUI is one that’s perfectly valid as far as I’m concerned. Not going to get all evangelical about It, but to get pulled over on a TW, he was more than likely completely off his tits

The cops probably saved him from becoming a hood ornament …..
 

·
Registered
Joined
·
8,293 Posts
DUI here means driving under the influence. DWI is a heavier penalty meaning Driving While Intoxicated and basically drunk. It is not "Evangelical" at all to say, either way this guy had no good reason to be on our roads. A regular resident here will pay between $10-15K to get the fines and attorneys fees paid. Those highly connected usually get off with some BS Community Service that they show up half crocked for.

GaryL
 

·
Registered
Joined
·
19,388 Posts
Good reminder to comply with your state's regulations for reporting the sale of vehicles, like Washington's Report of Sale affidavit.
Each state has their own paperwork, forms, deadlines and requirements. Best to be prepared prior to a sale.
 

·
Registered
Joined
·
2,753 Posts
Discussion Starter #18
Got the police report, oh my. Seems the person dug himself a hole that will take some time to climb out of. He was stopped for doing 42 in a 35. If that weren't bad enough he tried to evade the police. Driving on sidewalks, through chairs and a bbq area then stalling it after a good chase and the cops took him down. OK, speeding, dui, evading the cops and driving while license suspended. He did get the bike back, but will be quite a while before he can ride I would imagine.
 

·
Registered
Joined
·
8,293 Posts
Got the police report, oh my. Seems the person dug himself a hole that will take some time to climb out of. He was stopped for doing 42 in a 35. If that weren't bad enough he tried to evade the police. Driving on sidewalks, through chairs and a bbq area then stalling it after a good chase and the cops took him down. OK, speeding, dui, evading the cops and driving while license suspended. He did get the bike back, but will be quite a while before he can ride I would imagine.
I have to figure this knucklehead for being one of those guys who is probably already riding the bike with a suspended license and bike unlicensed, uninsured and probably shit faced before he has his day in court. They just took a jackwagon off our streets here who has 11 prior suspensions and he spent a couple nights in the jail until his buddy bailed him out. He got busted again the same night of the day he got bailed out and was totally trashed driving his mothers car. He is back in jail now without bail so far.

GaryL
 

·
Registered
Joined
·
2,753 Posts
Discussion Starter #20
We need to bring back the chain gangs making gravel out of boulders from daylight to dark instead of putting them up in iron hotels with free schooling up to and including a colledge education, and even the right to vote now in some states. Maybe it would make them think about the next time before they are cuffed. And for repeaters of the same crime, they should double time to serve.
 
1 - 20 of 28 Posts
Top