Legal Question in Consumer Law in Spain
Paid for Motorcycle that Seller Refuses to Deliver
A seller of a Harley motorcycle located in England agreed to accept my monetary offer. I sent the money to the account of a bank he designated Spain, supposedly his brother-in-law's. I have copies of the wire which that bank sent my credit union to confirm that the money I sent by wire was credited to the account designated by the seller on March 5, 2004. The seller states that he will not deliver motorcycle as agreed because a ''block'' has been placed on the account. I told him that this is a problem between him, the bank, and whoever has access to that account, but I sent the money and it was deposited according to his direction. Still he refuses to deliver motorcycle which he states is temporarily stored in Mexico. What recourse do I have to get motorcycle, a full refund, or to start a law suit?
3 Answers from Attorneys
Re: Paid for Motorcycle that Seller Refuses to Deliver
You can file a lawsuit here. However, it will be extremely difficult to gain personal jurisdiction over him.
Your best bet may be to contact an attorney who is located where the seller is located, but I don't think either of us would be surprised to learn that he may not actually be in England.
Perhaps you should try this: Contact him and tell him you'll fight with the bank to try and get the wire reversed and you think you'll be able to get it worked out. Tell him that, in the meantime, you want to send the purchase price again. Ask if the bike is still available. If he's really tricked you out of this money, h'll be excited to trick you out of the money again. Act naive and eager to pay for and receive the bike. Tell him that this time, to avoid any mix-ups, you want to send him an international money order and you want Fed-Ex to deliver it to him. Ask what address you should use. If you're lucky, he'll confess his address. Then call an attorney located there and hire him to file suit.
I'm not sure how much you paid, but the amount will be important in deciding whether to fight or to just lick your wounds and move on.
-Ben
Re: Paid for Motorcycle that Seller Refuses to Deliver
Where to sue is not the problem. Getting your money back is. Try notifing the attorney general in the UK. This might help. Good luck.
Re: Paid for Motorcycle that Seller Refuses to Deliver
Probably you have no recourse at all.
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