heres the story. any help would be appreciated on how to handle this. no stupid comments this is serious.

about a month ago i sold a motorcycle on ebay. this company purchased it fullthrottlemotorsports. in there emails they said they were going to send people to look the bike over and if it had any cracks on the frame they would not take it. when they came they looked the bike over for a good half hour and they took it. they gave me a check and all was good. when they got the bike to Detroit they said they found a crack on the frame. so they cancelled the check on me. they have my bike and the title. i have repeatedly emailed them and phoned but they never answer my emails and they always said they would call me back. anyway today i call them and finally talked to someone. i told them i did not know the crack was there and that i would pay for a new frame. they said that they didn't want the new frame and that i should come and pick up the bike. he also said that he is charging me 900 for labor fees(suposedly they had to do some stuff to the bike) and he will not let the bike go till i pay them. i also told him that it should have been the peoples responsibility who picked it up to check it over properly. he then tells me that they were not qualified to do that but in the emails he sent me he stated that they would be qualified. i think he is trying to get money out of me. what can i do about this aside from going there with a shotgun. any help would be appreciated. thanks

 

this is why you shouldn't take checks, only cash or if you must at the least a cashier's check or certified check though I'd still avoid those. You should've also done a bill of sale stating that the bike is being sold as is, specially since they looked at the bike extensively before buying it.

 

Small claims. I believe that the ebay sale is a contractual obligation (ie bill of sale). Verbal agreement on the "crack frame" deal is going to be a hard fight(reason) for them to cancel your check without it in writing. Just thoughts, I'm no lawyer!
Did your ebay ad state "Sold as-is"??

 

yeah ebay can get pretty gay, id say hunt down a distant family member who has a lawyer friend.

i lost 300$ buying subs on ebay, i sent a check and never heard from him again, i got suspicious and tried to cancle the check but i didnt get to the bank till the day it cleared. since then its just cash and paypal for me.

again, try to speak to a lawyer. i think thatd be the simplest way of dealing with this issue

 

If they wrote you a check you should have waited until the check clears before you hand the bike or at least the title over. Also if the frame was cracked why didn't the people who looked at it find it. Its going to be hard for you to get the money because they have both title and the bike.

 

File a stolen bike report to have proof

 

Since when is it your responsibility to make sure the assesors are qualified?

Call the police where the new bike "owner" is located.

 

i have a photocopy of the title with my id above it. for proof.

 

yeah holding onto the title till the check clears would have been the best thing to do. but live and learn, and then get loves.

make sure you save the emails or whatever between you and the company. where they say theyll come and inspect the bike. and make sure you have somthing saying the check was cancled. and then maybe find one of those places with free legal advice? or a reletive like i said before.

 

Talk to a lawyer

Goodluck getting your bike back, sorry to hear about that

 

for sale as is... no warranties given or implied. they bought a bike, and you got money. Court time, plus travel and lawyer fees

 

I would call the local law enforcement for that area and explain what happened in detail. I do not know how much the check was for, but it could get them in big trouble as it is against the law to take property then stop payment.

Years ago I was part owner of a tire store in Ann Arbor Michigan and we had the same problem with some customers who would run up a large bill on car repairs and then pay by check. They would then cancel the check that day and claim there was something wrong with the car. By the time I was involved there was several thousand dollars out and it was a big joke to the people trying to pull it off as they would not bring the car in for warranty or give us the opportunity to make their problem right. (there were no problems, they were just crooks)

We got with the local law enforcement and they assigned a cop to our case and he took personal responsibility in making this right. They had two choices pay right now or go to jail right now. Our situation was a little different as we were a local business paying taxes and the like and the local government did not want to start a trend of check bouncing on the businesses in the area. However, the principal is the same in my mind.

I do not know if it would work for you out of state but I would give this a try before you start racking up lawyer fees. Good Luck! keep us posted.

 

Mechanics lien

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by MSchu &raquo;</TD></TR><TR><TD CLASS="quote">Mechanics lien </TD></TR></TABLE>

A mechanic's lien is for a business that has posession of a vehicle on which the owner won't pay for repairs. I'm not sure how that's applicable here. The original poster doesn't have the title or the bike and services were rendered POST ownership and without consent.

 

its doesnt apply to the orignial poster

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by MSchu &raquo;</TD></TR><TR><TD CLASS="quote">its doesnt apply to the orignial poster</TD></TR></TABLE>

Then why'd you post the suggestion?

 

this is what i would do if it was i. tell them sorry and you will there asap to pick it up with money. give them a check for the $900. load the bike. while you are there where they can hear you, call your bank and cancle the check jump in your car/truck and take off. but that is just me. last bike i sold on ebay guy called up giving me a hard time. i told him i would be there to pick it up and he shut up. never heard back from him. but i got cash.

 

https://honda-tech.com/zero...age=2

if you look at Hype R's last thread, it looks like he's having his bike worked on at the same shop.

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by 3Dcycle &raquo;</TD></TR><TR><TD CLASS="quote">this is what i would do if it was i. tell them sorry and you will there asap to pick it up with money. give them a check for the $900. load the bike. while you are there where they can hear you, call your bank and cancle the check jump in your car/truck and take off.</TD></TR></TABLE>

The problem is that they tore the bike apart when they took it to the shop, no? Probably isn't put back together for ish!

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by oodie &raquo;</TD></TR><TR><TD CLASS="quote">If they wrote you a check you should have waited until the check clears before you hand the bike or at least the title over. </TD></TR></TABLE>

+1

When I financed my bike, my bank provided me with a check which I gave to the seller. I took a detailed bill of sale and a copy of an unsigned title with me when I took delivery of the bike. When the check cleared, the seller signed the title and sent it to me.

The bill of sale stated that the sale was in lieu of the check funding and it also stated that the seller WILL provide the title withing 5 days of the check clearing.