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Thread: Burned on Bike Purchase In El Paso. Seeking advice from TX lawyer

  1. #1

    Burned on Bike Purchase

    Resolved
    Last edited by jchussey; 06-13-2019 at 02:22 AM. Reason: Resolved

  2. #2
    There is a decent possibility that the bike was indeed in Houston during Hurricane Harvey. Fraud is a possibility here.
    Paul Glaves - "Big Bend", Texas U.S.A
    "The greatest challenge to any thinker is stating the problem in a way that will allow a solution." - Bertrand Russell
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  3. #3
    Addicted to windshields Realshelby's Avatar
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    Deposits cannot be held, by law, unless there is proof the seller has been harmed by holding the vehicle.

    Not exactly how the law is written, but close enough. I was in the automobile business for many years. Funny how many people think you don't get a deposit back.

  4. #4
    Quote Originally Posted by jchussey View Post
    Seller described the bike as in "Excellent Condition". I sent a $1,000 good-faith deposit and flew from Denver to El Paso with the intention of riding it back.

    Bike was corroded beyond belief, as if it had been ridden in salt water. Seller refuses to return my deposit.

    Looking for input from any lawyer(s) that might be reading this. Seller lives in Houston.

    Thank You,

    Jim Hussey
    Denver, CO
    You shelled out money without pictures representative of the condition of the bike?
    The lion does not even bother to turn his head when he hears the small dog barking.

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  5. #5
    Where was the bike advertised when you decided to make the deposit??
    Paul Glaves - "Big Bend", Texas U.S.A
    "The greatest challenge to any thinker is stating the problem in a way that will allow a solution." - Bertrand Russell
    http://web.bigbend.net/~glaves/

  6. #6
    I suppose I could have been less trusting. He was the original owner, praised the condition of the bike, showed me dealer service records, a copy of the title, etc.

    I didn't post to get scolded, rather was hoping for advice. Thank you Realshelby

  7. #7
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    Do you have a friend that is a lawyer? Committing fraud with the intend to sell across state lines is a federal offence. The seller misrepresented what he had to sell, seems like fraud to me. I nicely worded letter from an attorney might get your money back.

    I have a nephew that bought a transmission on Ebay. The out of state seller sent him a crate full of old brake rotors with a shipping label that said "transmission". I have another nephew, so the two are cousins, that is an attorney. He sent the seller a nicely worded letter about interstate commerce fraud and that if the seller did not refund his money in 30 days they were taking the case to the FBI. He got his money back immediately!

  8. #8
    Quote Originally Posted by PoorUB View Post
    Do you have a friend that is a lawyer? Committing fraud with the intend to sell across state lines is a federal offence. The seller misrepresented what he had to sell, seems like fraud to me. I nicely worded letter from an attorney might get your money back.

    I have a nephew that bought a transmission on Ebay. The out of state seller sent him a crate full of old brake rotors with a shipping label that said "transmission". I have another nephew, so the two are cousins, that is an attorney. He sent the seller a nicely worded letter about interstate commerce fraud and that if the seller did not refund his money in 30 days they were taking the case to the FBI. He got his money back immediately!
    I thought the same thing - that letter from a lawyer would be effective enough, however I don't know any TX lawyers and as relatively small as the amount is, would likely have a hard time finding one.

    Small claims action is not an option for me given the distance, my bear of a work schedule, family responsibilities, etc.

  9. #9
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    You don't need a Texas layer, one local you you can write it up. It amounts to a bluff letter anyway because the amount is small enough that nobody will spend any time fighting it.

    I would check with a local attorney and see if he will write up a letter for $100 and call the seller's bluff. It may be worth it. The keys words are fraud, interstate commerce and federal agents or FBI.

  10. #10
    Quote Originally Posted by jchussey View Post
    I suppose I could have been less trusting. He was the original owner, praised the condition of the bike, showed me dealer service records, a copy of the title, etc.

    I didn't post to get scolded, rather was hoping for advice. Thank you Realshelby
    Not a scolding, but the old adage of "buyer beware" would dictate I actually see the bike [ in pics of course ] being described.

    In the collectable coin world, one mans uncirculated ms60 opinion on condition is another mans EF rating.
    The lion does not even bother to turn his head when he hears the small dog barking.

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  11. #11
    Fortis Fortuna Adiuvat Omega Man's Avatar
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    Past experiences have led me to realize a phone call to the local (business line) police department can yield helpful information. If the seller(s) have a habit of this kind of thing, the hard-core will generally "make a visit", and the PD will know about it. The PD may not be able to tell you much specifically, the tone will tell the story.
    Sorry to hear of your troubles.......hell, I usually have trouble with the regular dealers......especially the ones that have very high personnel turnover.
    Good luck.
    OM
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  12. #12
    Addicted to curves azgman's Avatar
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    Sorry to hear of your situation man. That just sucks.
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  13. #13
    #4869 DennisDarrow's Avatar
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    Quote Originally Posted by PGlaves View Post
    Where was the bike advertised when you decided to make the deposit??
    If this is scolding, I need to say some stuff that is pure chewing ass.. For instance, how long do your phone records show that you talked to the fella about the bike, ANY pictures that were exchanged, how much are your real damages? Air fare, room and board, telephone charges …....……...An apology is due to YOU Paul; but you will never get it...…..kinda like refunds....Ain't Karma cool

  14. #14
    Hangered... but aimed out flyhi2cfar's Avatar
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    Question

    ....Dennis; I'm seeing you may have mis-read the OP's response to Paul and others.

    And though no pictures likely were provided, and most wouldn't accept this... unless this seller didn't know what corrosion is/looks like;

    HE needs a "pure ass chewing"! For describing the bike in "excellent condition".

    My opinion.

    "travel'n" john

  15. #15
    Tutum amicus r184's Avatar
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    You can also write another letter to the seller yourself. If you do, make sure to send it certified mail. Tell him how you want to avoid litigation and possible criminal charges, all you want is your deposit back. Do some on-line research for the appropriate Texas laws & statutes and include them in your letter. Also check on-line for any Texas free legal aid sites that may help you.

    Always easier to start easy and then get hardcore, you may be surprised at the results.
    No Matter Where I went, There I was...

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