Bike sold but buyer doesn't want to change ownership

[Demon]

brothers....

 

at the end of the day, i am suggesting that jehuty go to police post, explain the circumstances, and request to report the bike as 'missing'. why want to say "maybe very difficult" or "police cannot do anything" before you even try?

 

besides, "police cannot do anything", you're not expecting them to do anything anyway. you're not interested in getting the bike back right? all you want is an official record that says "this other person has illegally taken possesion of a bike that is legally mine and therefore i do not wish to be held responsible for anything to do with the bike". its like credit card; you report it missing and aything charged to it after the report you will not be held liable. and please note, i am not at all implying to lie to the police or withhold info. i am suggesting telling them exactly the circumstances, and 'missing' in this case is the bike which is still legally jehuty's and he is prevented from re-taking possession. you just need to convince the police the other fella is really peventing you from retaking posession of the bike.

 

and bro revhappy, you just pointed ou that technically the other guy has indeed committed an offense by not effecting an ownership transfer. which all the more a police report should be made, and the report must be taken by the police precisely because an offense has been committed.

 

On hand is just an administrative issue pertaining to the incompletion of ownership transfer. By declaring that the bike is missing will only complicate matters and getting another authority involved.

 

Yes, officially the bike belongs to TS as per LTA record but he has accepted the offer to sell, and was paid in full from the buyer so going by any law, the buyer is the rightful owner.

 

[ezzyoiler]

the law only recognise the sale only when ownership is transfered...

[revhappy]

brothers....

 

at the end of the day, i am suggesting that jehuty go to police post, explain the circumstances, and request to report the bike as 'missing'. why want to say "maybe very difficult" or "police cannot do anything" before you even try?

 

besides, "police cannot do anything", you're not expecting them to do anything anyway. you're not interested in getting the bike back right? all you want is an official record that says "this other person has illegally taken possesion of a bike that is legally mine and therefore i do not wish to be held responsible for anything to do with the bike". its like credit card; you report it missing and aything charged to it after the report you will not be held liable. and please note, i am not at all implying to lie to the police or withhold info. i am suggesting telling them exactly the circumstances, and 'missing' in this case is the bike which is still legally jehuty's and he is prevented from re-taking possession. you just need to convince the police the other fella is really peventing you from retaking posession of the bike.

 

and bro revhappy, you just pointed ou that technically the other guy has indeed committed an offense by not effecting an ownership transfer. which all the more a police report should be made, and the report must be taken by the police precisely because an offense has been committed.

 

Yupp, worth trying going to the police. Tell them all the facts and if they do accept to file a report then yeah its great. Worth trying, Jehuty, go and do this. But please tell all the facts as they are and take your phone and show them all the sms's and any other communications you have.

 

Also please update us, the outcome, I will be very interested. But dont do the mistake of breaking any law like trying to tow the bike or any other means of physical assault or something. Do everything by the law.

[Jehuty]

Will do, I've already offered him that ill go do e transfer myself. That or through the hard way

[mechwira]

Yes, officially the bike belongs to TS as per LTA record but he has accepted the offer to sell, and was paid in full from the buyer so going by any law, the buyer is the rightful owner.

 

 

i disagree. by law, the owner is the listed person in official records. the idea that you are the rightful owner because you paid in full yet not listed as owner is only decided by the courts. why you think people argue about house or property ownership end up in court? elderly parents listed as owner of hdb yet the son say he's the one who paid for it, all end up in court. the law only recognizes official records unless otherwise stated by the court.

 

if they do end up in court, yes most likely the court decides the bike belongs to that buyer. but as long as it is not yet brought before the courts, jehuty is the legal owner.

 

if now the bike kena parking offense, who will hdb/lta go after? jehuty, because he is the listed owner. can jehuty tell them that practically the other guy is now owner? no. hdb/lta will continue going after jehuty unless jehuty goes to the court to get them to declare that the other guy was indeed the owner during the period of offense. always, official records unless court decides otherwise.

Edited September 14, 2012 by mechwira

[ezzyoiler]

I would go down to lta to make a report ..saying the bike is paid and in posession of the buyer..and he refused to do the transfer..ask for their advise too....no need to go to police...let lta do what they ought to do..

 

the police can only advise you taht this is a commercial problem..ie civil problem...it is not criminal .they wont do anything.

 

just likeparking fine..it isan offence not a criminal one...unless a warrant of arrest is isued.

[Jehuty]

Seems like he's finally willing to talk. I just hope that this won't be a fly kite issue again.

[duo]

Seems like he's finally willing to talk. I just hope that this won't be a fly kite issue again.

Hope everything gets settled soon. This time try not to fall for any of his tricks if there is any.

[Jehuty]

I hope so, mofo is showing signs of stalling again.

[samuelftw5]

Omg, you are so lucky! Someone gave you free money and didn't want the bike! You can jolly well cancel the insurance and tow it back to your house! The buyer also cannot do anything cause in law, it's your bike! hahahahah

[shahrul_azmil3]

Nvm lar,

 

I do u the favor

 

Since u got the money, u keep it.

 

I'll tow the bike. Meet u up at lta. Do the transfer. No need keys. I will juz change it. I will buy insurance for urself and also

 

Free double mcspicy meal. Upsize. Right to your door. Paid for

 

How bro?

 

Hehehehehe

 

 

 

 

xp

 

 

Azmil rempit

[Jehuty]

Omg, you are so lucky! Someone gave you free money and didn't want the bike! You can jolly well cancel the insurance and tow it back to your house! The buyer also cannot do anything cause in law, it's your bike! hahahahah

 

By law its still my bike but I still can be sued for falsely selling bla bla, I'm not so familiar with commercial laws. There is no black and white...other than the transfer on my bank account, if its by cash, even more swee, no paper trail.

 

But I'm no *******.

[CSV]

under LTA law, they do not bother or care about what amount paid to who. can even pay 1 dollar for bike they also don't care.

 

only thing LTA will recognise is the letter of transfer between parties involved. no letter, still means you are the rightful owner. the cash paid can treat like someone give you money!

 

so better get that guy to do the transfer. why he so hum about transferring ah? scared mummy find out?

[z3rokill]

If it was me, I would do the following;

 

1) If i know the physical location of the bike, i'll simply tow it back.

 

2) If the bike is missing and unknown, contact LTA for advise. If LTA takes no action, do up a police report explaining your situation and report it as stolen.

 

You SHOULD however give an ultimatum to the guy before taking any actions, all messages recorded. If he miss the deadline, give no chances and take action.

 

I don't think he will even try to sue you because he is obviously in the wrong. You won't be liable as evidence shows that have exhausted all options to contact him and your still the owner. You are not cheating him out of the sale, in fact your trying to complete it. He is the one breaching the agreement by not fulfilling the ownership transfer. If you dont take drastic action now, remember any accidents/offences happened after this will be much worst to settle if he tries to fight it out in court.

 

I believe this kind of people will only wake up when you threaten to involve the authority.

 

I'm not a lawyer just saying what i would do.

 

 

Sent from my iPhone using Tapatalk

[skahxiong]

Like what bros all said, just cancel your insurance and put it on lay up. Warn him before hand first. Try not to get into trouble with the law, if he still have records of your SMS with him, there is still offer and

Acceptance and he may use that to bite you back.

[z3rokill]

I dont think its advisable to remove the insurance. If he gets caught riding without an isurance its a very very serious offence.

 

He will obviously implicate you at all cost. Furthermore he will argue that he has paid you for the sub-rider and you cancelled it without his consent. Too much hassle.

 

Just pay him a visit man if all else fails. Hope you can get over this soon.

 

 

Sent from my iPhone using Tapatalk

[Orleng]

I think the guy is trying to freeload off Jehuty's insurance. he can enjoy "free" insurance.

 

May I suggest, you SMS him stating that as of say, 7days from now (which is a fairly reasonable period of time within which to effect the transfer), you will start charging him $X per day for insurance. Of course, charge a much higher rate than pro-rated insurance is going to cost you by the time you cancel it. Bike as collateral to the monies owed. If amount owed not paid in full, you reserve right to reclaim possession of bike if amount (including reasonable interest, take a legal moneylender's rate as reference), overtakes the bike's value. Then again, may backfire because you are knowingly conspiring to circumvent LTA regulations stating transfer to be made within 7 days of sales.

 

 

 

Actually, easiest is like what the bros suggested. Go down to LTA and explain your situation. Also, since it has dragged past 7 days and according to LTA regulations, it is an "offence", does that mean that authorities will be get involved? If so, might be better for you.

 

Either way, make sure there are LTA/police records. Give the guy an ultimatum. If he gets into an accident or commits traffic offenses, easier to explain when you can show you've already taken all reasonable steps, but he keeps avoiding you.

 

Curious though, can always arrange to meet him to collect his IC and do the transfer. He doesn't have to be there in person anyway.

[Jehuty]

Done and done, apparently the fella is busy, well so am I. I just took his IC and asked him to fill up to form.

[Tachnicolour]

Done and done, apparently the fella is busy, well so am I. I just took his IC and asked him to fill up to form.

Fair nuff, glad that worked out for you.