Legal Question in Consumer Law in New York
Hello. I've recently purchased a motorcycle from a private seller. Before I made the first payment we made a verbal agreement that: the motorcycle would stay on their property until I'd paid the last dollar, and at that point they would give me the title, and I could take the bike, and we shook hands on that and I made my first payment. Ive just made the last payment and after taking my money, $1,100 total, they informed me that they didn't have the title and had never registered the bike. They're currently taking steps to attempt to get the previously registered owner to get the title reissued by the DMV, but what Id like to know is, if they fail to attain a title, and refuse to refund my money, do I have enough of a case to take them to small claims court and potentially win? I also made all 3 payments in the form of personal checks, so there is a paper trail for each payment. And they did lie to me as part of our verbal agreement and handshake that they had the title.
1 Answer from Attorneys
Yes
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