Is this considered theft?
I made an agreement with a guy to sell my motorcycle to him. The total price was $4300. He said he would pay me in 3 weekly payments of $1000 and the last payment of $1200 each Friday, paying off the motorcycle on the fourth week. Each time after the initial payment he was several weeks late. We agreed that he would pay an additional $500 for being so late. He finally paid $4400 and asked if he could take the bike with him with a bill of sale stating total price of $4800 and pay the remaining $400 the following Friday since he lived in another state. I agreed and told him that once I received his final payment I would sign the title over to him and mail it to him. He is now a week late on his final payment and will not return calls or texts. He does not have the title but does have a bill of sale. I have the text messages showing where. He agreed to make the final payment this past Friday and also showing where I have tried to contact him with no response. I live in Arkansas and he lives in Louisiana. Since I still have the title and have proof that he was going to pay the $400 could I report the motorcycle as stolen? Any advice would be appreciated.
- BruceLv 77 years agoFavorite Answer
No, that is not theft.
When you make an agreement, it is breech of contract. You need to file a lawsuit in small claims court.
No different than a loan from the bank. If you stop payments, they don't charge you with theft, they get a court order to repossess the car.Source(s): Law enforcement since 1991
- TommyCoffeCakesLv 47 years ago
No, this is not theft so don't waste time getting the police involved.
You might have grounds for breech of contract in small claims court. That depends on if a court would recognize the contract as binding. But honestly suing over $400 is probably more trouble that it's worth. And you might even have to go to his county of residence to file suit.
Your best option is to continue to attempt to contact the buyer to get the final payment. Keep your demeanor professional and you may get a better response. You might also contact the DMVs in your state and his to see if you can verify he has not tried to transfer title ownership of the bike to his name.
In a situation like this, count yourself lucky you actually got the full amount of your original asking price. Private sellers working out a "payment plan" is usually a bad idea.Source(s): http://www.motodx.com
- Argus TuftLv 77 years ago
My guess is that you advertised on Craigslist.
Once you receive ANY payment, you no longer have the theft excuse to fall back on. What you should have done is waited to receive FULL payment before shipping off the bike. This is typical of how a Craigslist scam works, and you seem to have fallen for it.