Is this bike still mine?

-Z- · 05-14-2008, 2:43 AM

I just got a letter from the LAPD saying that my 05 Gixxer 600 is in an impound lot down there. This would be the 05 Gixxer 600 that I sold to Bert's Mega Mall almost a year ago. I guess they sold it to someone else because it had another 3000 miles on it since I last saw it. Called up the impound lot and they said that according to the DMV I am still the legal owner, and that the bike was impounded because the registration tag was expired, and when they pulled over the person riding it he didn't have a license or paperwork for the bike either. So, I'm digging through all my stuff for the paperwork from the sale, but until I find it I gotta ask, what's the deal? Is this bike still legally mine or what?

RojerLockless · 05-14-2008, 3:21 AM

i bet if you went and picked it up you'd never be contacted by anyone it happens alot like that so yeah i'd say your pretty clear

Ol' Gravy Leg · 05-14-2008, 3:45 AM

Quote:

Originally Posted by -Z-

I just got a letter from the LAPD saying that my 05 Gixxer 600 is in an impound lot down there. This would be the 05 Gixxer 600 that I sold to Bert's Mega Mall almost a year ago. I guess they sold it to someone else because it had another 3000 miles on it since I last saw it. Called up the impound lot and they said that according to the DMV I am still the legal owner, and that the bike was impounded because the registration tag was expired, and when they pulled over the person riding it he didn't have a license or paperwork for the bike either. So, I'm digging through all my stuff for the paperwork from the sale, but until I find it I gotta ask, what's the deal? Is this bike still legally mine or what?

yes and no.

the law requires new owners to record their ownership within a certian amount of time (not sure the exact amout, but that time has long since passed).

for example, a real estate buyer has 90 day to record thier title. if they don't a the buyer can sell the property to a third party. if the third party records their title before the first buyer, it's legally theirs. and the first buyer is SOL.

similarly, you could take possesion of the bike; get a duplicate title from the dmv (thereby voiding any and all previous titles); and legally sell the bike the someone else.

now the buyer could make a claim of interest in the bike. however, considering the bike is stuck in impound--without the buyer having the ability to retrieve it--, i doubt he'll even know you sprung the bike...much less file a complaint in court against you.

-Z- · 05-14-2008, 3:57 AM

I'm still digging for the paperwork, and of course I'm gonna have to do some independent research on my own...but I'm thinking that possibly there might be a trip to LA in my future soon.

ghbzorro · 05-14-2008, 4:17 AM

I suggest you find out how much the impound yard wants to spring the bike out of there before you make any plans to visit LA. Even if you recapture the ownership for free, it might not be the bargain you think it is.

-Z- · 05-14-2008, 4:21 AM

Okay, so I found the paperwork and sure enough, I completed both a Vehicle/Vessel Transfer and Reassignment form (Form No. CA-VTR00) and a buyer/seller's agreement from the dealership. Each is no more than a single sheet of paper, and of course they are barely legible as they are the carbon duplicate of the originals. So I think what I'm going to do is go to the DMV tomorrow and check up on this whole thing and figure stuff out.

ghbzorro · 05-14-2008, 4:24 AM

Keep us posted. I'd like to know what DMV has to say.

Ol' Gravy Leg · 05-14-2008, 4:46 AM

unfortunately, dmv doesn't know the law; yet, they're convinced that they do.

a dangerous combination which causes great consternation

-Z- · 05-14-2008, 5:03 AM

Good point Gravy Leg....I suppose I could always just send in a photocopy of the photocopy of the original release of liability notice and that way make sure I'm completely free of this whole problem. Still, the thought of a bike, while certainly not free at least cheap, is rather tempting. I just want to make sure I don't do anything illegal at all.

Berm · 05-14-2008, 5:39 AM

sounds like its yours!

i'll buy it. i am in long beach.

FB1000inPA · 05-14-2008, 12:00 PM

Just take the bike and sell it. You always have the excuse that you were contacted and not the other way around - that you were looking for it and tried to scam someone.

rokitt51 · 05-14-2008, 12:50 PM

Go and pick it up. Its urs. Whoever you sold it to, didnt have the sense to do what they needed to get done after dropping large on the thing.

TKDmasterZ · 05-14-2008, 1:45 PM

I recovered my stolen 954RR from the city impound about 2 weeks ago. They charged me $110 for towing, $20 daily for storage, and $50 for lien fee. They called me saturday evening. I picked it up the following Wednesday, and the bill was $260 to get it outta there.

A while back, I personally sold my F150 to some dude, then several months later, I got the registration renewal form in the mail. I sent the renewal form back to DMV with the copy of the sales receipt, and the portion that I sent to DMV when I sold the truck. I never heard about it since.

I'm not sure if my story helps in anyway, but I am just saying these things happen...a lot (apparently).

Sintari · 05-14-2008, 1:52 PM

If the bike is yours again, let me know. Ill buy it from you. A g/f of mine is learning to ride and this is a great bike for her to start on.

ghbzorro · 05-14-2008, 1:57 PM

And when the lowlife who paid money for your bike discovers your girlfriend's address ...

But it sounds like she is only one of several, so I guess that's ok, LOL

Sintari · 05-14-2008, 2:00 PM

hahahah, on second thought, ill pass! Good luck with the sale,

sheepofblue · 05-14-2008, 2:27 PM

Morally, no. You sold it for a fair price and have no claim. Could you scam it legally I don't know nor care.

-Z- · 05-14-2008, 5:28 PM

Quote:

Originally Posted by sheepofblue

Morally, no.

Touche. Thanks for reminding me I still have a conscience.

Hasdrubal · 05-14-2008, 5:35 PM

Morally I'm not sure- whoever bought it didn't bother to do the title transfer, or pay whatever taxes/fees he was legally liable for. So, he bought the bike, but then abandoned it- without making his ownership legal. I guess this 'Bert's Mega Mall' didn't bother doing any title papers either.

If the guy who left the bike in the impound doesn't pick it up, then what happens? The city sells it at auction, right? Does the city have any moral right to own/sell the bike? If I were in this situation, I would go pick the thing up, and then make sure the papers are done by the next buyer.

Nick

Carolina_954 · 05-14-2008, 6:23 PM

Morality has nothing to do with it. Guess who would get called to the police station if that bike had been involved in a chase with the cops. You!!! As far as the state knows, there has been no other owner. That makes you liable, in their eyes, for the bike and all activities it is involved in. Since it is your good name that is at stake, I believe I would go pick it up, just for safety sake. That way you know where it is so you don't run into all this nonsense again.

rokitt51 · 05-14-2008, 6:38 PM

Quote:

Originally Posted by Carolina_954

Morality has nothing to do with it. Guess who would get called to the police station if that bike had been involved in a chase with the cops. You!!! As far as the state knows, there has been no other owner. That makes you liable, in their eyes, for the bike and all activities it is involved in. Since it is your good name that is at stake, I believe I would go pick it up, just for safety sake. That way you know where it is so you don't run into all this nonsense again.

. I would get my bike bike. The other guy should have registered the bike when he got it. I dont know his situation at the time, but he spent big onna bike, so that tells me that he was in decent shape financially, or that he had bad plans from the getgo and didnt want anything leading back to him. If i buy a bike from someone, im registering the bike with haste.

ucfmotorcycle1 · 05-14-2008, 6:47 PM

Id go get it and hold on to it for a few months to see if the buyer claims it. Then let him have it back less your costs (impund fees, gas to go get it and time).

Your excuse for picking it up is that you were told to by the Police. Thats legitimate. If the guy wants that bike back you would be doing him a favor by getting it out of impound and not racking up huge storage fees.

If he never claims it, well sell it again. Only this time keep the tag so the new owner has no choice. You legally were supposed to keep the tag when you sold it.

bettingpython · 05-14-2008, 6:51 PM

Yeah what UFO said.

Keep all reclamation receipts and bill for your time to retrieve the vehicle then charge a daily storage rate, you are entitled to a storage lien if I remember right.

If he fails to pay those then the bike really is legally yours it should stand up in court.

05 gixxer 600 would make a nice track whore

soupnazi · 05-14-2008, 9:37 PM

Quote:

Originally Posted by ghbzorro

And when the lowlife who paid money for your bike discovers your girlfriend's address ...

Why is the bloke suddenly a low life? Kriest he's another bike rider who in this case may've forgotten to transfer ownership of a vehicle.

Quote:

Originally Posted by sheepofblue

Morally, no. You sold it for a fair price and have no claim. Could you scam it legally I don't know nor care.

Quote:

Originally Posted by Hasdrubal

Morally I'm not sure- whoever bought it didn't bother to do the title transfer, or pay whatever taxes/fees he was legally liable for. So, he bought the bike, but then abandoned it- without making his ownership legal. I guess this 'Bert's Mega Mall' didn't bother doing any title papers either.

He was pulled over whilst riding it, hardly abandoned. How legitimate is Bert's Mega Whathaveyou? If they routinely don't do registration transfers then not only did they undercut you but they possibly pulled the wool over the buyer's eyes too.

Quote:

Originally Posted by Hasdrubal

If the guy who left the bike in the impound doesn't pick it up, then what happens? The city sells it at auction, right? Does the city have any moral right to own/sell the bike? If I were in this situation, I would go pick the thing up, and then make sure the papers are done by the next buyer.

You've sort of got it right. Problem is the current 'owner' isn't the registered owner ergo he can't pick it up. I'd bet London to a brick that he can't even enquire who the owner actually is due to privacy laws, so he's stuck with his bike in a yard and can't do anything about it.

I'd get the paperwork together, track down this bloke and find out what the deal is.

a) If it was just some bloke who bought it off Bert's shop then he paid money for it ergo it's his bike. If this scenario happened to you you'd be pissed. Fine "i would've checked the paperwork" but perhaps this is his first bike or something.

b) If it was Bert or one of his mates that he gave the bike to without transferring papers with the intent on getting you knicked... go with the other options.
[/quote]

Quote:

Originally Posted by rokitt51

he spent big onna bike, so that tells me that he was in decent shape financially, or that he had bad plans from the getgo and didnt want anything leading back to him. If i buy a bike from someone, im registering the bike with haste.

At one point I had 6 bikes, the biggest purchase of which I had to get a loan to make repayments on because in reality I'm a poverty stricken citizen. Buying and paying rego and such on vehicles doesn't mean you're rich. People struggle sometimes y'know and buying that dream bike is often what stretches the funds.

Quote:

Originally Posted by ucfmotorcycle1

Id go get it and hold on to it for a few months to see if the buyer claims it. Then let him have it back less your costs (impund fees, gas to go get it and time).

Your excuse for picking it up is that you were told to by the Police. Thats legitimate. If the guy wants that bike back you would be doing him a favor by getting it out of impound and not racking up huge storage fees.

If he never claims it, well sell it again. Only this time keep the tag so the new owner has no choice. You legally were supposed to keep the tag when you sold it.

That's +7.

-Z- · 05-14-2008, 10:00 PM

Hmm....you all make very good points. I stopped by the DMV today while I was renewing the registration on my 954 and inquired as to the status of the bike. Sure enough, according to them the title is STILL in my name and I'm STILL the registered owner. So not only did they not process my Release of Liability Notice I sent them way back when, but Bert's Mega Mall didn't process the title transfer either. And I'm sure this isn't a case of the bike having been sold recently and the paperwork not having made it through the DMV's system just yet. I think I mentioned earlier that is does have 3000 miles more now than it did when I sold it. Hmm.

Doomwitha929 · 05-14-2008, 10:25 PM

As said above Morally has nothing to do with it. LEAGLLy it is your bike. Legal ownership depends on whos name it is titled in and if they did not transfer the title then it is your bike. Now if they show up and have a title you have signed over then you are screwed. Go to the DMV and get a new title then go get your bike. You will have a clean title in your name and legal ownership of the bike.