Topic: Come get your @#$*%! bike already! What would you do?

[Scott S]

 Last year, I listed one of my Hondas on eBay. It failed to meet reserve so my plan was to swap out the Lester mags for wire wheels and re-list it this Spring.
 In the meantime, months after the auction, I got a random email from a guy asking if the bike was still for sale. I replied that, Yes, it was, but I wanted to service it a little bit and make a few changes.

 We exchanged several emails, texts and phone calls over the next few months discussing just how he wanted the bike, how much work he wanted me to do vs. him, price, etc.
 Once the bike was ready there was a bank transfer of funds and I sent him the title and bill of sale. I'm in South Carolina, he's in California.

 He mentioned that he needed to arrange shipping and I told him "No problem. The bike is stored safely in my garage until you can arrange shipping".
 Weeks go by, then more weeks, then months.....he still hasn't sent anyone to get the bike!

 It's been at least three months. I know it's not a scam because the funds were good (I already bought my ZRX 1100 with them!). At first, he said the U-Ship bids went to his email and not his phone, so he missed that opportunity. Put it up on U-Ship again and weeks and weeks go by and he claims nobody is bidding on it. I started pressing the issue a little bit because, let's face it, the bike is now a liability for me. I want it gone.
 He says he contacted another, more expensive shipper and, even though I requested it be picked up by the end of August, he said they'd come after the 1st. of September. It is now the 10th and I haven't heard a word.

 Sometimes, this guy will go several days without responding to my texts or emails. Once, he went nearly two weeks....I thought maybe he had died!

 I did a lot if tune up work on the bike, per his request. I prepped it for shipping and had it ready to go. I'm afraid it's going to deteriorate from sitting and he's going to start complaining.....new battery going dead, carbs gummy from sitting, the tank.....which I ran low for shipping...flash rusting, etc.

 I don't want to be an ass, but I want this bike out of my garage. I've started it up a couple of times, but the tank is nearly empty and I'm not going to put gas in it for him. There's no insurance or tag on it, so it can't be ridden. Besides the fact that IT'S NOT MY BIKE ANYMORE!

 What would you guys do?

[flatlander]

tell him you need to start charging x amount for storage as it's his bike, taking up your space.

[calj737]

I'd send him a certified letter documenting the dates of the transaction, and the agreement for payment and services, as well as the targeted shipping dates. Within the letter, I'd also clearly state your absence of liability from a given date, and cite the potential damage and liability to him for the bike sitting in a stored condition.

Email him the same, and send yourself a copy, and do not open that copy. Leave the postmark as proof of sending and delivery.

Then set a date to start storage fees (say ten days beyond the receipt of letter to him/you) at a legally allowable rate. Those fees to be paid prior to release of the bike to the shipper.

If the fess accumulate high enough, you can establish a lien against the bike, and ultimately recover the bike having already been paid for it.

[Duke McDukiedook]

The above advice sounds pretty sound to me, make sure you send the information with a certified letter like was said.

[dhall57]

This is not motorcycles but principle is the same. I work in a car dealers parts department and I order thousands of dollars worth of parts every month. If parts are not warranty items the policy is that all special order parts must be prepaid in full before orders are placed weather it be $5.00 or $5000.00 dollars. Be surprise how many people take forever to pick-up their paid for part even with repeated calls and told parts will be sent back in 30 days and on some occasions some never do. Don't make any sense to me Scott, when I paid for something I want it as soon as I can get my hands on it Good luck getting this joker to pick up his paid for bike.

[Greggo]

My dad's a mechanic, and has had liens put on vehicles that are left too long.  Unfortunately, you agreed (in an email? or just over the phone?) to let him leave it there and it doesn't sound like you originally gave him a date to retrieve it by.  Also keep in mind that if something drastic happens, and he decides to sue you, he can do it in California and if you don't show up he likely automatically wins judgement.  If you really want the bike gone, consider consulting a lawyer who is familiar with your state's vehicle laws, or even a mechanic in your area who may have had to go through the same process.

[Scott S]

 You are correct....we did not set a specific date or pick up time. I was just thinking a week or two, maybe three max.
 I sold another 550 last month and the buyer had communicated shipping details within 24 hours. Less than 48 hours later, the shipper was here.

 

[ekpent]

  Try to handle it tactfully and don't get into too big of a pissing match with him unless you have the cash to give him a refund if he  pursues that legal course sometime in the future.  Probably may have been a good idea to keep the title till the bike was picked up maybe. The idea of paying a storage fee may help to prompt him into action.
   You could also tell him a little white lie if needed that your moving or getting a divorce or some other dramatic event has occurred in your life to motivate him.

[calj737]

My dad's a mechanic, and has had liens put on vehicles that are left too long.  Unfortunately, you agreed (in an email? or just over the phone?) to let him leave it there and it doesn't sound like you originally gave him a date to retrieve it by.  Also keep in mind that if something drastic happens, and he decides to sue you, he can do it in California and if you don't show up he likely automatically wins judgement.  If you really want the bike gone, consider consulting a lawyer who is familiar with your state's vehicle laws, or even a mechanic in your area who may have had to go through the same process.

Hence the certified letter stating new declared dates. Documentation of the chronology and correspondence will prevail in all situations. As for civil suit in California, that can only happen if the buyer never actually picks the bike up or the seller doesn't relinquish it.

[Gaucho]

Just be nice, the guy gave you money right. Call him first and let him know the fact that you cannot be held responsible for any damage caused to the bike because it is just sitting, also be clear you will be sending a letter to make things formal.
You also tell the guy that all you are doing is protecting yourself, the last thing you need is him calling back saying that the bike does not run now.
Then you can send the letter with all the legal mumble jumbo so you don't look/act like a prick. The idea is to force the guy to take possesion of the bike, not to re posses the goods.
When they come to pick the bike, do yourself a favor and record the bike general condition and the engine running (just in case).
Gaucho

[Duke McDukiedook]

Yeah like Cal says sending him a certified letter stating dates and times for things to happen will help in this case.
The seller made reasonable assumptions the buyer would pick up or have arrangements to pick up within a reasonable amount of time (2-4 weeks). Beyond that time you will be incurring maintenance and storage costs which you will have to transfer to the buyer if not picked up within X time. You will need to include this disclaimer on all future sales so this is clear to buyers in the future. This is one of those 'learning cases' that hopefully will get resolved soon for you.

[flybox1]

Hey Scott, its ME from California.
Yeah, Sorry for the delay.  I just returned from a Spec-Ops mission in Iraq hunting for ISIS leaders, but im not supposed to tell you that.
One of my buddies is headed your way.  Down from W-S, NC. 
He'll transport it me back to WA CA for me.  He'll even sign an official receipt of goods napkin for you. 
Thanks Buddy!!! 

[Duke McDukiedook]

And be sure to document with a lot of photos before you send the bike out with time stamps.
And video of the bike running would not hurt either.

[Scott S]

 Contacted him again today with a nice, but firm, note. He claims the shipper will be coming sometime between the 15th and 19th and will give me a call a day or two ahead. We'll see....

[grcamna2]

Scott, Could you show a pic of the bike ?

[Ravie]

So did it happen?