Legal Question in Civil Rights Law in California

this guy owed me some money for some work i did for him about 6 months ago... well i ran into the guy few months ago and he said dont got no money but i got this dirtbike honda crf70 like brand new 2007 but he didnt have the pink slip. i had seen an ad on criagslist.com about someone who wanted to trade a honda cr85 expert for 2 smaller bikes. I had a yz 85. so i set the trade up and went over there with the guy that owed me and told the lady he didnt have paper work but had a bill of sell. She said no problem so i signed over pink slip on my bike and he gave her bill of sell for the 70... Well one month later cops come to my house and say i have a stolen bike the 85 expert was now stolen because the 70 was stolen. So i gave back the 85 expert to the cops.Now the lady is saying she will not give back my yz85. I need to no if anyone thanks i can get my bike back or is this legal for her to keep my bike???


Asked on 9/06/10, 12:41 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Of course she has no legal right to keep your bike. What the police said is incorrect. The 85 did not become stolen because it was exchanged for a stolen bike; the transaction simply had not been completed because she did not get two bikes, just yours. She can not keep your bike because the contract became void, as that would result in her having more then when she started out, not just being returned to her prior situation.

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Answered on 9/11/10, 3:23 pm


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