Bought a stolen bike from the dealership

[frozentyme]

Does anyone have any advice on what to do if you brought a stolen bike from the Kawasaki Dealership. I know that the stolen property will have to be returned. My issue is the legal problems that I might possible face for recieving a stolen bike. (even if it came from the Kawasaki dealership.) If anyone has faced this issue or know about this issue, a little advice would be helpful. Thanks

[SixFiveOh]

If the dealership sold you the bike, then I would imagine it's gonna be their but in a sling over this one.

[eric.hare]

Sorry about your circumstances. Unfortunately, not knowing all the details of the situation, I can only suggest that you first and foremost retain the services of an attorney. I would then contact the investigating agency(if there is one), be as cooperative as possible, explain everything as clearly as possible. If the authorities have not been contacted, DO IT YOURSELF!! Coming forward as the innocent victim of a dealer's shady practices gives you the leg up on the dealership. Most law enforcement agencies and officers are fairly understanding to these types of crimes.(Unless you knowingly and willfully purchased a stolen motorcycle) Last but not least, C.Y.A.--Cover your A@@!

[jaseman]

Only advice I can give - seek actual legal help.

My gut says, as long as you didn't knowingly purchace stolen property, you can't be held liable. If the Kawi dealer knowingly sold you a stolen bike, chances are, they'll be out of business fairly quickly.

The real question will be how the dealership came to have the bike. If they bought it as a "stolen-recovery" off of a salvage company, the bike will have a clean title. Anything else, short of someone forging the VIN#'s should not have been able to be titled by the dealership or the state.

Again, I'm no lawyer, but I would have one's number on hand. Just in case. If the bike is truely not legit, you'll at least want to make sure you can get your money back from the seller if the bike has to be returned back to it's legal owner.

Unfortunately, we just don't have enough info.

[Frenchy]

Talk to the police. You bought it from a dealer. I doubt they will bring you up on any charges. You might have an issue if you took out a loan on it. Contact them if you did, and by all means, MAKE YOUR PAYMENTS!!! You don't want any late payments on your credit. Even if you have an "excuse". The bank will tell you whether or not to make the payments. If they tell you to stop paying, get it in writing before you do.

[orange636]

how do you know its stolen

[frozentyme]

Here is the whole story: I recieved a letter from a "Probation Officer with Pre Trial Serives in a neighboring county asking about my stolen 2001 Kawasaki to determine restitution for the defendant." Now, I have never had any legal issue, not even a ticket on my record. I have reported my bike stolen!! So, this letter makes me think that the dealership sold me a stolen bike. Am I wrong from thinking this? So now you know as mych as I know. I will be calling the PO office in the morning and them the Kawasaki Dearlership if I need too. I will keep you all posted. Thanks for you advice everyone.

[jaseman]

If you can, run your VIN through Carfax (do they do bikes?) or your states DMV website (if they allow that kind of search to the public) to see if anything shows up.

If nothing else, it might help clear things up before the morning. If your lucky.

[4string]

I run a car dealership in Canada. If I sold you a bike that was stolen, I'd be responsable to refund your money. It is illegal to sell property that is stolen.

But then again the laws may be different where you live.

[frozentyme]

It illegal to sell stolen bikes in Texas as well.

[honestlyinsane]

not sure the way it works in texas but in mass you have to a title to sell a bike therefore the dealer couldn't sell it if it was stolen.

[SixFiveOh]

Originally Posted by frozentyme

Here is the whole story: I recieved a letter from a "Probation Officer with Pre Trial Serives in a neighboring county asking about my stolen 2001 Kawasaki to determine restitution for the defendant." Now, I have never had any legal issue, not even a ticket on my record. I have reported my bike stolen!! So, this letter makes me think that the dealership sold me a stolen bike. Am I wrong from thinking this? So now you know as mych as I know. I will be calling the PO office in the morning and them the Kawasaki Dearlership if I need too. I will keep you all posted. Thanks for you advice everyone.

There is no restitution for a defendant. Only way there would be restitution is if the thief was caught and convicted (then he'd no longer be a defendant, he'd be a felon).

I'm confused about one thing here. Was YOUR bike stolen?

[soccerguy]

Concur with insane. When you registered the vehicle in your name, the mean old lady behind the counter should have checked your vin to verify the bike is not stolen and it is being transfered to you under the terms of the sale correctly. I would be surprised if the dealer did in fact accept the bike without the tile, or that a co-worker in their shop is trying to get rid of the bike.

First, call the non-emergency police number and ask them to do a vin check on your bike, they will usually come to you or you can go to them. If the bike is legit, go back to the dealer and clarify the issue and ask for the title to the bike so you can register it.

If the bike is truly stolen as the letter states. You most likely will be read your rights and asked to provide a sworn statement. Dont worry, its just a formality. Any competent investigator will not title you until he is certain you commited a crime. I would suggest you provide that statement to clarify the issue and to maintain your innocense, remember, you can terminate the interview at any time if you are getting heckled.

[JasonFMHS]

What dealership in Texas? Not grapevine is it?

[jessep28]

I am not an attorney and I would strongly advise that you consult one before proceeding further. I'm just dispensing this advice from memory and my business law book from college.

My old business law book (West's Business Law 9th Edition p. 170) states:

It is a crime to recieve stolen goods. The recipient of such goods need not know the true identity of the owner or the thief. All that is necessary is that the recipient knows or should know that the good sare stolen, which implies an intent to deprive the owner of those goods.

It depends from that point who is the recipient of the stolen goods. The police are saying you, but does a common person have a duty to check the title and make sure it's clean when purchasing from the merchant?

But like I said, contact a lawyer and talk it over first before you surrender anything. I doubt it will take long enough to irritate the police. Good luck.

[mushishi]

Originally Posted by frozentyme

Does anyone have any advice on what to do if you brought a stolen bike from the Kawasaki Dealership. I know that the stolen property will have to be returned. My issue is the legal problems that I might possible face for recieving a stolen bike. (even if it came from the Kawasaki dealership.) If anyone has faced this issue or know about this issue, a little advice would be helpful. Thanks

Generally speaking (law tends to be similar in the common law countries), you won't be liable unless you knew it was stolen at the time that you received it, or something in the circumstances in which you obtained it would give rise to a reasonable suspicion that it was stolen. The circumstances would be unusual indeed if buying from a dealer could give rise to such a suspicion. Do not worry about criminal liability; worry about what is going to happen to the bike. If it was stolen, the dealership never had title to it, and could not pass it to you: you don't own the bike. You might have recourse against the dealer, but if the true owner demands the bike, you might very well have to surrender it.

[V2K_CCTX]

Find a good atty!

[ervins]

Call the police and contact the OWNER of the dealership...Not management but the OWNER.

[adamp961]

Originally Posted by ervins

Call the police and contact the OWNER of the dealership...Not management but the OWNER.

+100 That is what i would do. I think the truth will set you free.

[adamp961]

Keep us informed, OK?