Legal Question in Civil Litigation in Virginia

We purchased an ATV from an individual on Craigslist for $4000. We agreed on price and picked up the bike with a company check. The seller was to hold the title until the check cleared but we were allowed to take the bike. The seller claims he mailed the title a week later but a month has passed and no title. He continues to give us excuses as to why no title: post office fault, getting married, too expensive to get a new title. Now he says he will take back the ATV less $600 for rental for the month. We have not been able to use or ride the the bike, we just want the title so we can sell it sometime down the road. We have a signed Bill of Sale from him indicating that he will send title.... What recourse do we have?

Asked on 10/03/13, 4:02 pm

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Sue him in small claims court for what you paid for this ATV and for which you

are now effectively prohibited from exercising your full ownership rights

for lack of a valid title for this vehicle.

The lesson to be learned here, of course, is that one should never agree to finalize a sale transaction for a vehicle from a private seller without first receiving a valid title at the time of the purchase.

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10/05/13, 1:04 pm

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