Legal Question in Consumer Law in South Dakota

Sale of motorcycle

Sold motorcycle this weekend. Provided title and bill of sale to buyer. He gave me a check and asked me to hold it until today. Today I get a message from him that there is a lien against the bike. I knew there was not, and called the finance business to have them mail a lien release, which is now in the works. The buyer calls me tonight to say that because the title wasn't clear, he stopped payment on the check and has ''changed his mind'' I told him it is clear, the company will verify, and the release is on the way.

It appears to be more of a situation of buyers remorse to me. Can he just change his mind on a sale that didn't have that condition on the sale?


Asked on 5/22/07, 7:27 pm

1 Answer from Attorneys
Regina Mullen Legal Data Services, PLC

Re: Sale of motorcycle

If he has the bi9ke and your check won't clear, what choice do you realistically have but to get your property back?

Suing him is going to take time and money, although if the title is actually clear, you would be more in the right than he is. On the other hand, you had every right to take his check to the bank IMMEDIATELY and chose not to, so this is what niceness gets you, right?!

So, you can either take the nice way, and get your bike, or take the guy to court and insist that he live up to the deal he made. And, don't be so nice that the judge is not made aware that this guy relied upon your kindness to screw you.

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Answered on 5/23/07, 1:07 pm


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