Legal Question in Civil Litigation in California

Selling an unregistered motorcycle?

I bought a New motorcycle online.During the time I did not attempt to get a motorcycle lisence because I had no extra money therfore I did not register the bike.2 years later I put it up for sale online.A buyer took a look at it and then bought it.

-On March 14,2009 his girlfriend notified me via cell phone telling me that Her boyfriend cannot register the motorcycle vehicle in the state of California.

-I informed them that I had no idea that the bike was illegal to drive in the state of california.

-On March 14,2009 they bothed notified me that they wanted their full money back upfront or will accept payments back to them in exchange for the unregistered motorcycle that I sold to them.

-I do not wish to refund their money back nor recieve the motorcycle back. They the suggest that they would rather let me deal with the situation in finding the seller that sold it to me and get my refund on it from 2 years ago. I feel it's not my duty to do that since they bought it and we had a deal.


Asked on 3/15/09, 5:46 pm

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Selling an unregistered motorcycle?

There may be more specific law that applies to your situation, but on these facts it seems the doctrine of "mutual mistake" applies--you and the seller both thought the bike was legal to use in California. If that's not the case, the deal may be "voidable", meaning it can be canceled due to the mutual mistake.

You could take your chances and wait for them to sue you in small claims court, but they may have a case against you.

I'd also recommend checking to see whether the bike indeed can't be registered here--it may turn out they're wrong and thus have no complaint.

Read more
Answered on 3/16/09, 1:50 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California