McKinleyville, CA asked in Business Law, Civil Litigation, Consumer Law and Criminal Law for California

Q: Can a dealership sell a motorcycle on consignment that has an invalid, or voided, title?

I purchased a used motorcycle with cash from a dealership who claimed they were selling it on consignment. They gave me a title that had signatures already on it (as if it wasn't ever transfered last time it was sold) and the keys. I figured as long as i have the title im good but When I went to DMV To transfer title I was told it was 'invalid'. A few days later I ran out of gas on the highway. When returned with a can of gas later that day my bike was gone. Impounded. I couldn't get it out due to faulty title. The former owner was contacted by police since he was the last registered owner. He now has the bike and claims it was stolen 2 years ago. The dealership says they didnt know it was stolen and stick to their consignment story. They also say they can't do anything about it and aren't liable.

I feel like I got scammed and feel like the dealership should be liable. What can I do?

1 Lawyer Answer

A: Yep. You got scammed. I suggest you tell the dealership that they have 24 hours to refund your money or else you will file a complaint against their dealership license with the State of California. In addition to filing the complaint, you can also file against the dealer in the local small claims court.

Here are some useful links:

State of California Department of Consumer Affairs

800-952-5210 (Phone)

dca@dca.ca.gov.

barinfo@dca.ca.gov

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