Poll

Should I sell this engine to someone who wants it?

Yes
58 (92.1%)
No
1 (1.6%)
Maybe he will respond here?
2 (3.2%)
Other (make your answer)
2 (3.2%)

Total Members Voted: 58

Voting closed: August 15, 2017, 09:41:34 PM

Author Topic: What say you? Has he lost his engine?  (Read 14480 times)

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Offline HondaMan

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What say you? Has he lost his engine?
« on: July 16, 2017, 09:41:34 PM »
This August, it will be 7 years since this rider sent me his engine (from NM) for rebuild. He told me what he wanted (0.5mm overbore, new top-end parts, check thru bottom end for anything needed). About 2 months afterward, he still had not sent his 'down payment' to cover parts, though. About 12 months later, I got an e-mail from him from somewhere in the Northeast, saying he was being moved around a lot for work, go ahead with the rebuild - still no $$. So, I paid for the whole rebuild, trying to send him updates as I went, but his phone ceased working, as did his e-mail. Engine was finished and stored (crate, too).

Two years later I got an e-mail that said he was in UK, on business, would contact me when he got home to the USA. Two more years went by with no further contact.

Last summer (or maybe it was Spring, don't remember now) he contacted me by phone to tell me he would see if his friend in Florida, where his apartment was, could find a place to store it for him, but he was back in Connecticut.

Since then, no contact, no response to any e-mails I have sent out to him, and his old phone number doesn't work. His crate was shipped from a public dock in NM 7 years ago, they have no idea who he was.

I need to sell this engine, as I have stored it now for years, am out of work (the where place I worked is closing), and need the space and $$. What say you? In Colorado, as in many places, there is a Mechanics' Lien law that states  in part, "...if the [bill] is not paid within 91 days, the [property] becomes property of the proprietor who performed the major work.." - the general spirit is, of course, directed at public businesses, not hobbies and pasttimes like mine.

Opinions?
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Offline jgger

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Re: What say you? Has he lost his engine?
« Reply #1 on: July 16, 2017, 09:59:28 PM »
You need to send a registered letter, with a return receipt to his last known address. At the same time send the same letter to yourself but don't open it when it comes, that is your evidence you tried to get paid. If you end up in court they can open it there........you win!

I'll give you $20 to start the bidding. Heck for that matter you could raffle it off!
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Online scottly

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Re: What say you? Has he lost his engine?
« Reply #2 on: July 16, 2017, 10:02:25 PM »
You know what they say about opinions. ::) Here is my take: you are out your labor and parts costs, and have tried your best to contact the customer. If you sell the motor, and he protests, he is only out a core motor, but you have had dollars and labor invested for years with NO Payment. There is a procedure that needs to be followed for a legal lien sale, but it may not apply to a motor, as compared to a titled bike.
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Offline HondaMan

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Re: What say you? Has he lost his engine?
« Reply #3 on: July 16, 2017, 10:07:17 PM »
You need to send a registered letter, with a return receipt to his last known address. At the same time send the same letter to yourself but don't open it when it comes, that is your evidence you tried to get paid. If you end up in court they can open it there........you win!

I'll give you $20 to start the bidding. Heck for that matter you could raffle it off!
Well, this one I can't: the only address I have ever had for him was the shipping dock on the crate, which he obviously carried there. He didn't have a note inside with it: I only had his old phone number from his old e-mail.
See SOHC4shop@gmail.com for info about the gadgets I make for these bikes.

The demons are repulsed when a man does good. Use that.
Blood is thicker than water, but motor oil is thicker yet...so, don't mess with my SOHC4, or I might have to hurt you.
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Offline 754

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Re: What say you? Has he lost his engine?
« Reply #4 on: July 16, 2017, 10:59:47 PM »
100.00plus shipping..
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Offline The Lone Builder

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Re: What say you? Has he lost his engine?
« Reply #5 on: July 17, 2017, 03:14:48 AM »
I would get a copy of that law out and read it carefully to see how a "proprietor" is defined. It may well apply to private individuals also.

If it's not clear, get a legal opinion.

If there is still no clarity, I'd send a message to the last known address - email is acceptable now I think – saying that if he does not provide you with payment within a given period – 3 weeks I'd say is more that sufficient – you intend to sell the engine to defray your costs.

You have then acted in a (more than) reasonable manner and I doubt any judge - should it come to that - would go agin you.

I'd buy it if I was close - save me worrying about whether my gearbox will work properly :)
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Offline Terry in Australia

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Re: What say you? Has he lost his engine?
« Reply #6 on: July 17, 2017, 03:18:16 AM »
$500 plus shipping to Oz Mark? I've got a K1 frame with a hole in it.......... Cheers, Terry. ;D
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Offline flatlander

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Re: What say you? Has he lost his engine?
« Reply #7 on: July 17, 2017, 04:24:21 AM »
7 years... that guy is a joke and clearly not interested in the engine. you have tried contacting him per mail of which you have records, i suppose. if he tries to make any claims you have those to show that you did all that could be reasonably expected of you. personally, i think 7 years is much more than could be "reasonably" expected and it's safe to assume he abandoned his engine together with his duties towards you.

Offline DaveBarbier

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Re: What say you? Has he lost his engine?
« Reply #8 on: July 17, 2017, 06:12:55 AM »
Where in CT? If I'm close by I could go knock on the door and see what's going on. Or at least drive by and look for activity :)


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Offline Stev-o

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Re: What say you? Has he lost his engine?
« Reply #9 on: July 17, 2017, 06:18:46 AM »
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Offline becken

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Re: What say you? Has he lost his engine?
« Reply #10 on: July 17, 2017, 06:24:24 AM »
If dealing with and interpreting law is not part of your everyday business, it would definitely be in your best interest to get good legal counsel. Add the legal fees plus your costs into the price of the engine. There is no reason for you to take a loss on this; you've already got a bidding war started.
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Offline evinrude7

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Re: What say you? Has he lost his engine?
« Reply #11 on: July 17, 2017, 07:06:20 AM »
I'm a conscientious person, probably to a fault.  7 years is more than enough time. Sell the motor and recoup your expenses and labor.

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Offline Don R

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Re: What say you? Has he lost his engine?
« Reply #12 on: July 17, 2017, 07:34:46 AM »
 Sell it. And sorry to hear about the job closing. I'm sure you have generated an invoice, add storage to the bill and save it.
« Last Edit: July 17, 2017, 07:36:27 AM by Don R »
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Offline Johnie

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Re: What say you? Has he lost his engine?
« Reply #13 on: July 17, 2017, 07:56:43 AM »
If you have any police friends maybe they could get you an address and phone number? Worth a try? So this guy has a frame sitting around with no motor?
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Offline evanphi

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Re: What say you? Has he lost his engine?
« Reply #14 on: July 17, 2017, 07:57:02 AM »
Sell it. He obviously doesn't care.
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Offline Stev-o

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Re: What say you? Has he lost his engine?
« Reply #15 on: July 17, 2017, 08:13:02 AM »
... they could get you an address and phone number?

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Offline BomberMann650

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Re: What say you? Has he lost his engine?
« Reply #17 on: July 17, 2017, 08:21:55 AM »
Sounds like whatshisname is a corporate tool.


Offline halllzy

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Re: What say you? Has he lost his engine?
« Reply #18 on: July 17, 2017, 08:27:01 AM »
https://www.lienitnow.com/new-mexico-faq

Read this, pay a small fee to get it legal and give the guy his legal chance to challenge.  Get all your paperwork for mats, labor, storage, etc in a row and if he comes back looking before you sell the motor include all other ancillary fees with the rebuild price.  7 years is crazy.. you've got to get your nut for the work you did.

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Offline nicks2319

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Re: What say you? Has he lost his engine?
« Reply #19 on: July 17, 2017, 10:02:13 AM »
Legal opinion for sure. Sounds like you'll be in the clear though. If so, sell sell sell.

Offline PeWe

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Re: What say you? Has he lost his engine?
« Reply #20 on: July 17, 2017, 11:11:24 AM »
If the guy will pickup his engine, the price must be updated of today's costs for both parts and labor or interest of the cost you have done not getting paid for. 10%/year.. min 5%/year to be added to the updated invoice.
.... plus storage....?
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Offline Jerry Rxman Griffin aka MuthaF'er

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Re: What say you? Has he lost his engine?
« Reply #21 on: July 17, 2017, 11:15:25 AM »
It's not titled. Sell it. You've been WAY too patient.
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Offline Eydugstr

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Re: What say you? Has he lost his engine?
« Reply #22 on: July 17, 2017, 11:33:42 AM »
Sell it.  That's why mechanic's lien laws were invented in the first place.

Offline Don R

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Re: What say you? Has he lost his engine?
« Reply #23 on: July 17, 2017, 12:13:12 PM »
 Judge Judy would send the missing former owner home empty handed. (We're done here, you can't expect the man to wait 7 years.)
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Offline Don R

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Re: What say you? Has he lost his engine?
« Reply #24 on: July 17, 2017, 12:21:22 PM »
https://www.lienitnow.com/?keyword=&gclid=CIzK0tyEkdUCFZ26wAodTOQFHg

 I just saw this while telling photobucket to pizz off. might be a scam.
No matter how many times you paint over a shadow, it's still there.
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 You don't need a weatherman to know which way the wind blows.