Breaking an agreement

[zcine]

Hey, I would like to seek advices on the steps i should take after this bad experience i had. I sold my bike to the buyer after posting it here and agreeing on the cost. However, due to his insufficient funds he asked if its possible for the remaining amount to be paid by installment on a monthly basis. We had a paper agreement and signed by both parties. However, the buyer have been late almost every month in paying the installment and as of now, no payment is made for the month of february. There were not replies from the text and calls were ignored. So should i report it to the authorities? or to which avenue could i report his to? Anyone with experience in this legal issue would appreciate your help in this. thanks alot!

Edited March 12, 2014 by zcine

[mechwira]

the police will turn you down because technically speaking, there is no crime here, it is a private commercial dispute. plenty of people will kpkb about the police being useless here, but reality is reality, thats just how the law works, and its not unique to this country. unless you have evidence to prove that the buyer is actually a conman who take bike and run with no original intention of paying at all. then thats a crime.

 

so your only recourse is a) Commercial Affairs Department, or b)sue the guy in court for the return of your motorcycle plus costs. i dont know how the process works from there, i only know the avenue available. yes its a dam hassle but again, reality is reality. its the risk you take for doing a private sale and allowing instalment.

 

on a side note, if the bike still under your name, if you actually find the bike and take it back by riding off (or towing if no more insurance) without informing the buyer, technically you are not guilty of theft. if the ownership has been transferred, then precisely because you have paper agreement it still remains a grey area and not clear cut 'theft'; as long you can prove with your papers you took the bike back because of dispute, again it falls under commercial dispute and not crime/theft.

[zalk]

Go find a lawyer. Rightfully the bike still belongs to you if he hasn't completed the payments. Means you can still sell it to someone else, someone who stays far away and is going to change the licence plate and any identifying marks in case the old buyer is spiteful and plans to vandalise the bike.

[swoosh]

Hope you have not transferred the ownership to him.

 

If no, you have do a repo yourself. Put it up for sale again.

[nick_09]

Yeah true...what is the status of the bike ownership...? transferred?

[jayz]

balanced of how much?

[zcine]

yea sad news, the bike ownership was transferred.

[swoosh]

yea sad news, the bike ownership was transferred.

 

alamak ... liddat this will be treated as a friendly loan, difficult to enforce. May want to check with small claims Court.

 

based what you said I don't think he wanted to cheat you. Maybe he is going through a rough patch and not able to pay. You have to assess whether is it worth yr time to follow up on this.

[frslims]

Can go to small claim tribunal. If he doesnt come for few times, u will win the case.

[guangwei]

yea sad news, the bike ownership was transferred.

 

 

contact a lawyer, this is when the agreement paper signed comes into work.

 

you can properly make him cough out more than what he owe you at the end of the day, but its gonna be ton lot of work for you.

[tionghan]

maybe you can try asking from a lawyer for a start? i've heard there's some agency offering free legal advises.

 

very suay to happen this kinda of thing.. that's why i always reject 'installment', next time anyone wanna installment can... pay any amount you wish every month also can , dun pay also can..

but when complete full payment then take bike lor..

[zalk]

yea sad news, the bike ownership was transferred.

 

ALAMAK, never do that bro. Finish instalment then transfer. Same as banks do to you, so if you default they can still take it back and auction off to another person.

[Demon]

Everything is not in your favor because :

 

- Your paper agreement is not drafted by a lawyer, so it will be full of loopholes.

- If no third party witness, that paper agreement is even weaker.

- As the ownership has been transferred, you are legally not the owner of the bike.

- If you have no banking transaction of all the previous payments, then your case is even weaker.

 

However, weak case or not, you must still try to get back whatever its rightfully yours. The first thing to do is prevent the ownership of the bike from being transferred to another person, and hope that is not too late.

[Isopropyl]

how much more does he own you?

 

maybe try physically hunting him down and talk with him? you do have his photocopy IC right?

[rider2013]

U need to go down and talk to him, or repo the bike back.

Since he is not a gentleman, take motor transfer ownership don't want to pay!

[zcine]

thanks alot for the help guys ! got a third party witness and transaction of pay. its been almost 2 weeks since, problem is cant really hunt him down. am abroad.

[Jehuty]

Hey, I would like to seek advices on the steps i should take after this bad experience i had. I sold my bike to the buyer after posting it here and agreeing on the cost. However, due to his insufficient funds he asked if its possible for the remaining amount to be paid by installment on a monthly basis. We had a paper agreement and signed by both parties. However, the buyer have been late almost every month in paying the installment and as of now, no payment is made for the month of february. There were not replies from the text and calls were ignored. So should i report it to the authorities? or to which avenue could i report his to? Anyone with experience in this legal issue would appreciate your help in this. thanks alot!

 

You should have put him as sub rider rather than transfer ownership.

 

If not, you're pretty much screwed over. Post his name, IC and foto so the rest of us can avoid wahaha.

[frslims]

You should have put him as sub rider rather than transfer ownership.

 

If not, you're pretty much screwed over. Post his name, IC and foto so the rest of us can avoid wahaha.

 

Yes agree, should put him as sub rider instead

[0401897D]

Dear ts, we really want to noe hw much balance he owe u. So we can advice further

 

 

Sent from my iPhone using Tapatalk

[frslims]

Dear ts, we really want to noe hw much balance he owe u. So we can advice further

 

 

Sent from my iPhone using Tapatalk

 

So any updated story? Hope can resolve asap.

 

-FRS-

[slowrider]

contact a lawyer, this is when the agreement paper signed comes into work.

 

you can properly make him cough out more than what he owe you at the end of the day, but its gonna be ton lot of work for you.

 

Get a lawyer?

 

Cost will out weigh the total amount of money TS trying to recover and now will owe lawyer money for the bo liao work.

 

Anyway which idiot will do such thing?

 

Transfer a bike ownership without getting all the money in hand , first? LOL