Tuesday, August 25, 2015

Car/Motorcycle Trade Deal Falls Apart. Now What?

Question: Do I have a case to get damages for a faulty business deal? 
Question Detail: My boyfriend made an even exchange of his 07 motorcycle for a 00 Lincoln ls, which he in turn gave to me. He had to file for lost title but they still wanted to trade that day. A written/dated/signed agreement was created which stated the man would keep title to his Lincoln until the motorcycle title came in the mail, at that point the vehicles were exchanged and we took possession of the Lincoln. In the span of four days after the trade I sold my current vehicle, applied for a loan to repay my boyfriend for my new vehicle and transferred full coverage insurance for the vehicle as well. On the fourth day via text message the man said he was backing out of the agreement and no longer wanted to trade. We disputed this claim stating the vehicles have already been switched and he has signed an agreement to exchange titles when the motorcycle title came in the mail. The man refused to continue with the agreement he had signed and in turn dropped the motorcycle off at our residence and demanded keys back for his Lincoln or he would report it stolen, we refused. Later on the fourth night the police show up at my residence stating a man wanted his vehicle back, we explained the situation and the officers said they would stay out of this dispute because it is a civil matter. While the officers were still at our residence the man was dropped off at our driveway got into the Lincoln and zoomed away. The officers were very upset and expressed their dislike for the way the business was handled by this individual, both suggested we seek damages due to this deal and said they would make a report of the incident. I am now left with no car, a lean and full coverage insurance on a vehicle that was taken from me. We have no way to get to work or take the children to school without the other having to miss work. I don't know what to do. Seeking distress/damages for this faulty business deal is what I am hoping for, but will we have a case when all we have is a handwritten signed contra

Answer:  Trading property with titles, like motorcycles and cars, requires attention to detail.  As usual, Small Claims Court is your only chance.  Keep copies of whatever proof you have and let the judge try and sort it out. 

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