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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello i have a question. Long time ago i buy a off road motorbike

Customer Question

Hello i have a question. Long time ago i buy a off road motorbike and after that i decide to sell it again. The problem is that the bike was stolen and now the person i sold the bike want his money back. both of us didn't do the check before the purchase. Now he will give me to court. The question is i need to give him the money back or i have chance not to ?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this,

Alex Watts :

When did you sell or and when did you originally buy it please?

JACUSTOMER-yh1wf21y- :

i bought the bike 07.2014 and sold it after one month

Alex Watts :

Ok - do you know where the person is that sold it to you?

JACUSTOMER-yh1wf21y- :

No

Alex Watts :

Its bad news I am afraid.

Alex Watts :

To be able to sell something you must have title, if you do not have it then you can not sell it

Alex Watts :

Therefore sadly yes you have to give the money back to the buyer.

Alex Watts :

But it does mean in theory you have a claim against your seller.

Alex Watts :

But if you do not know where they are this may be a problem

Alex Watts :

But in law you are liable to your seller, just as the other seller is liable to you

JACUSTOMER-yh1wf21y- :

So he has legal right to ask for his money and if we go to court he will win?

Alex Watts :

I am sorry if this is not the answer you are after and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Yes he has a legal right and yes he would win

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-yh1wf21y- :

But just that he like a buyer he need to check the motor bike is stolen but he didn't do this like i didn't check so that is his fault as well

Alex Watts :

Yes but in law you need good title to sell something.

Alex Watts :

You did not have that, therefore the sale is void.

Alex Watts :

In law you owe the buyer

Alex Watts :

In law the previous seller owes you

Alex Watts :

Sadly that is the legal position. If it went to Court you would sadly lose

JACUSTOMER-yh1wf21y- :

So i need to want and find my money back from the person i bought the motor

Alex Watts :

Sadly yes

JACUSTOMER-yh1wf21y- :

thank you very much for your help

Alex Watts :

Can I clarify anything else for you?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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