Asked in Contracts, Civil Litigation and Civil Rights for New York

Q: Can they move the motorcycle legally? How is any of this legal? I have notarized bill of sale, receipts, emails, video…

Vehicle is being purchased third party, two loans. Owner has a loan and on it and purchaser. Insurance and registration was kept in Owners name due to his loan with a bank. To be transferred once the truck was sold. Owner repairs to be done and after 10 months none done. He got a lawyer stating the purchaser was behind when in he was not. The purchaser was discussing all of this with the lawyer with contact just one to two weeks ago. Today he called the police who assisted two random men (not a company) and take the vehicle on the back of a truck and trailer also allowed them to move a parked motorcycle that was locked (handlebars) from in front of the vehicle by pushing it. The cop after they left with said it would be a civil suit and in his words “were not told the whole story and made to believe it was a different situation.” Said we could go pick up the vehicle. Left came back and then said that he was going to keep it as he was the titled owner.

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Civil Rights Lawyer
  • Sacramento, CA

A: In situations like this, the legality of moving a vehicle depends on the specifics of the ownership, the terms of the sale, and any agreements between the parties. If the owner of the motorcycle retains the title and there is a dispute, they may have a right to reclaim the vehicle, particularly if the purchaser is in breach of contract or there is an unresolved issue with the payment. However, this does not typically grant the right to move other personal property, such as a motorcycle, without permission, especially if it is not part of the sale or dispute.

Given that the police were involved and suggested that the matter is a civil issue, it appears that the resolution will need to be sought through legal channels. You should gather all documentation, including the notarized bill of sale, receipts, emails, and video evidence, and consult with a lawyer who can review the details of your case. They can advise on the best course of action, including whether you have grounds to recover the vehicle or seek damages for any unauthorized actions taken by the other party.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.