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Can I get my money back? Need Advice Please

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Old 11-01-2009, 09:40 AM
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Question Can I get my money back? Need Advice Please

Okay, here's the situation. I bought a brand new (1 mile on it) 2008 CBR1000RR over a month ago from the place I worked for the last 3 years. I worked there before for 2 years back in the early 2000's. Anyway, I paid cash for the full amount of the bike. It came to $9117.53 out the door. Well my spinless boss (ex-boss as of Friday Oct 30th) never paid the bank for the bike yet so I hav not received a title. He was always asking me to bring the bike in to the shop on the days that the Banks came and did floor check. For anyone who is wondering what floor check is, it is basically someone from the bank comes to the shop and makes sure all the bikes are accounted for. All they really do is check the VIN number and make sure it's there. Anyone who actually rides or has some common sense whould be able to tell that my bike is not stock and has been ridden just under 700 miles. Well I was laid-off on Friday by the a-hole. He has absolutely no backbone so he left and drove off somewhere while he had someone else give me the great news. Up until Friday I was just keeping my bike at the shop so I didn't have to turn around all the time and bring it into work so he could benefit off the floor plan. Basically, I know where my money I paid for the bike went. He's run the business into the ground and so I'm sure he used the money to pay off one of the companies we owed money to (ie: Honda, Yamaha, Suzuki, Parts Unlimited, Fox Racing, Oakley, etc, etc). Anyway, what I am getting at is since it has been over 30 days and I have not received a title (all I have is the bill of sale / reciept) am I able to get my money back for the bike? I believe in the state of Ohio you can demand your $$ back if you have not received a title within 30 days. I love the bike and don't want to get rid of it but I have a family to feed and would rather have the cash back if possible. Sorry for the novel and thanks for taking the time to read it. Any and all help / suggestions would be greatly appriciated. TIA
 
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Old 11-01-2009, 09:52 AM
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sounds like something you would have to do some local research on.....maybe get lawyer involved

but if you have a bill of sale showing the amount you paid for the bike....i would take that to the dmv or vehicle licensing place and talk to them about it.......does the bill of sale include the vin number?


sounds like a strange situation indeed
will you get your money back in full?....doubtfull

i think the more important thing here to do...is do what is needed to get the title for the bike
then
turn around and sell it if you need the money

good luck
 
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Old 11-01-2009, 10:27 AM
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well, if he can't pay the suppliers, what makes you think he has any money to repay you. I'd also contact the BBB, and call OSHA on his azz. Good luck
 
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Old 11-01-2009, 10:30 AM
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Lawyer-up. The DMV will issue the title to whoever is the legal owner. They do not care about the backdoor wrangling and won't be interested in any stories.

You have to prove that you legally own the bike. That could involve a court ordering the guy to release the title. But a lawyer would know the legal rodeo involved.

Read a little more... Dunno about getting your money back. The problem will be the bike is no longer 'New'. Dunno how Ohio handles that situation. But the advice to get a lawyer still applies.
 

Last edited by Kuroshio; 11-01-2009 at 10:35 AM.
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Old 11-01-2009, 10:35 AM
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Thanks for the quick reply. Yes the Bill of sale has the VIN # on it so I'm safe there. The reason I even thought of this is because the Finance Manager at the shop happens to be a good friend of mine and as soon as I told him I was laid off he told me I should walk over to the boss' office and tell him I want my money back for the bike. According to him it is a law in the state of Ohio that you can get your money back if you haven't gotten a title within 30 days of sale. I know this holds true for automobiles (in Ohio) so I assume that it also holds true for motorcycles but I am not positive. I will contact my lawyer tomorrow and find out for sure. Other than being able to use the money since I was laid off it's kind of a way for me to stick it to the jerk whom I made hundreds of thousands of dollars for. The place is a sinking ship anyway and he will probably have to use his own money to pay me back if all goes as planned.
 
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Old 11-01-2009, 11:29 AM
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Originally Posted by skoobydoobie
well, if he can't pay the suppliers, what makes you think he has any money to repay you. I'd also contact the BBB, and call OSHA on his azz. Good luck

Well I know he lives high on the hog. Lives in a nice area of town, has a maid, lots of exotic cars, etc so even though the company may not be doing so great I know he has his $$ stashed. If things don't get solved by Weds I am going to do as you said and contact BBB / OSHA / and plenty more.
 
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Old 11-01-2009, 11:38 AM
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Either way I have lots of aftermarket parts I bought but haven't put on yet. I tried to list on here but I noticed that you must be a senior member or something like that to post in the classifieds. I suppose I will put them on eBay today / tonight unless anyone is interested. I don't want to break any forum rules so I will wait to hear from a mod or admin to let me know if it is okay to list the stuff I have. Most all of it is brand new in boxes.
 
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Old 11-01-2009, 11:59 AM
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either way...good luck and keep us posted on the outcome

getting in touch with a lawyer is going to be pretty much the only course of action you have at this point in time....its good that the bill of sale has the vin# on it.....thats a huge piece of evidence on your part and in my eyes...makes it an open-shut case
 
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Old 11-01-2009, 01:28 PM
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Originally Posted by CapoCam
Well I know he lives high on the hog. Lives in a nice area of town, has a maid, lots of exotic cars, etc so even though the company may not be doing so great I know he has his $$ stashed. If things don't get solved by Weds I am going to do as you said and contact BBB / OSHA / and plenty more.
I don't think the Occupational Safety and Health Act (or the people that enforce it) give a damn about your motorcycle, and contacting the BBB is pissing in the wind.

Send him a letter via certified mail demanding title and include all the details. Give him a deadline within the letter with the threat of legal action if title is not received by that time.
 
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Old 11-01-2009, 03:32 PM
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yeah ur boss is fuked up. do you mind me askin why you got fired or laid off?
 


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