Seller won't send me the certificate of origin

Hi everyone,

I am having trouble obtaining the certificate of origin from a VERY well known AMA Pro. I bought his racebike a few month ago and haven't been able to get it.

He keeps making excuses and won't mail it. Two weeks ago, I gave him notice that I wanted it before the new year but still haven't received anything.

I even offered to drive to his house and pick it up.

Should I contact a lawyer?

Any advice to avoid any legal issues?

All I want is the damn piece of paper.:down:

 

Describe the excuses. It could be they're valid...

-jim

 

Originally he didn't have it because he had to get it from the factory team...Then a month later he called me and said that he needed the CPU (kit box) back because they needed to do some testing with it.

I said that I would help him out if I could but I told him I wanted a guarantee or some sort of collateral to ensure that I would get a replacement box so that I could race in the upcoming season which starts in a week. ( I know a stock box would have been fine for all intensive purposes but I paid full price cash to get an AMA caliber bike).

He said he couldn't give me any cash but offered parts instead. I said I wouldn't do it without some sort of guarantee (I thought maybe I could use parts value as collateral)...I didn't hear anything from him for a few days.

After that he contacted me again and I expressed my concerns and he said that I would get the cert as soon as I gave him the Kit box.

Now I feel like he is holding it ransom or something.

 

It sounds like you're both between a rock and a hard place. He sold the bike with the parts on it, and wants to get/borrow the ECU back. Likely because the team needs it and is pressuring him so they can get an '09 or '10 up to speed before the season starts.

You're screwed, because you have no COO (which, you really don't need but that isn't the point), would be stuck with running the race setup on a stock ECU and hoping you'll be competitive.

If it was me (because I'm an upper mid-packer anyway) I'd float him the ECU in exchange for a stocker, and ask that the kit unit be returned after testing. Maybe get something in writing.

Tough spot, if you want to do the cool thing for him. In this case, it seems being a dick would be much simpler. Follow your heart and conscience.

-jim

 

Thanks for your thoughts and I agree with you. What is strange is that I know that he was in a delicate position with his team and I told him he was lucky that I was even willing to help him out.

What was strange, however, is when I told him I needed some sort of collateral he said he couldn't give it to me and then I didn't hear from him for a few days. Whats more, when I finally did hear from him, he said that it was too late and that they didn't need it anymore. For the record, all of the talking back and forth took place within a period of 5 days!

I figured that if it were such a pressing issue he would have been a little more assertive and amiable in trying to work things out with me.

And furthermore, what good would something in writing have been if there was no sort of guarantee?

It has been a delicate issue because this guy was my friend before but now I feel like he is trying to be a dick. I thought like I was doing him a huge favor because I was trying to do my best to help him out while simultaneously trying to protect myself.

I told him that it was his mistake to sell the bike with parts on it. (if it were me and the part was so important, I would have just paid for it to get it back..but that's me)

 

How would any of you approach trying to get the COO?

Lawyer? Letter? Phone calls? constant pestering?

 

Ummm. from your .sig link, I would assume you can handle something in writing (aka: contract) that is a guarantee unto itself. Not Rocket Science.

edit: BTW, I suppose you could offer to send him the various maps on the ECU as a simple compromise. I'm assuming that you have the chops to do that...

-jim

 

Well put, and yes I can. I offered to get something in writing but he said that by then it was to late and literally only two days had gone by. And most of the time, there are deposits involved with contracts...(hence the collateral that I wanted)

 

I'm still kind of baffled by this. Color me thick. Why is a COO so important to you right now? It's a racebike. Unless your plan is to flip it, no one (or they never have up here) is going to challenge you on ownership.... I'm (again) assuming you at least have a legal bill of sale.

-jim

 

I just want the COO because he threatened me by saying that he could just report the bike stolen and that he knew a lot of the people in the paddock and that the race community was so small...It really bummed me out that he stooped to that level so now, I just want the final piece of the transaction.

I knew that I had a string of evidence and bank records but either way, I wanted to avoid any legal questions whatsoever. And no, I'm not planning of re selling the bike but you never know what will happen...

Thanks again for your thoughts.

 

Eek. OK. That's a bit different. Time to turn in for me, but I imagine the BBS collective consciousness will ring in in a few hours. Put on your life vest.

cheers,

-jim

 

F your "friend", he seems to be a dick witi all the BS threats. Contact the team manager and say "look, i bought this bike from Dick" then proceed to tell the rest of the story. If he gets fired then it`s own damn fault for tryn to screw you. Why can`t people just do good business without all of the BS? Pisses me off!

 

Holy damn, +1. And post up who he is so we can shame him. Up until I read that he'd threatened you it sounded like he just sold you something prematurely and was in hot water with his boss. After that, fuck 'im.

 

You haven't confirmed yet if you actually have a bill of sale. That BOS should contain language guaranteeing the MSO if in fact it was predetermined that you would take delivery of the bike without it. Personally, at the point that he threatened to report it stolen I would contact an attorney nor would I help the guy loaning him parts that HE sold you. This guy is not your friend.

 

If you didnt get a bill of sale with signatures when you took possession of the bike, then you screwed yourself. If you DID get a BOS, then tell him to fuck off and go enjoy your bike. If the cops come because he's reported it stolen, youve got your proof that you bought it from him. If it wasnt his to sell, then yea, you may be out a bike, but he'll be arrested for selling stolen property.

 

I would NOT give him the Kit box unless you had a way to copy the map from it first.

Him holding your paperwork ransome after the fact to get parts back on a done deal is enough to out him. I hope you got a bill of sale or cancelled check for proof of purchase. If you do, like others said, F'em.

Save others the trouble of dealing with this douche and let us know who he is.

 

tell him to fuck off, since he pulled out the threat.

 

out him. :tut:

 

what he said.

 

This is why I would never buy a bike without an MSO or title plus a bill of sale. I would pay an attorney to draft a threatening letter.